reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18028.

18028. (a) The department may adopt regulations regarding the construction of commercial modulars and special purpose commercial modulars, other than mobile food facilities subject to Article 11 (commencing with Section 114250) of Chapter 4 of Part 7 of Division 104, and of multifamily manufactured homes, manufactured homes, and mobilehomes that are not subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Sec. 5401 et seq.) that the department determines are reasonably necessary to protect the health and safety of the occupants and the public.
(b) Requirements for the construction, alteration, or conversion of commercial modulars shall be those contained, with reasonably necessary additions or deletions, as adopted by department regulations, in all of the following:
(1) The 1991 Edition of the Uniform Building Code, published by the International Conference of Building Officials.
(2) The 1993 Edition of the National Electrical Code, published by the National Fire Protection Association.
(3) The 1991 Edition of the Uniform Mechanical Code, published jointly by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials.
(4) The 1991 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials.
(c) (1) The department shall, on or after January 1, 2008, adopt regulations for the construction, alteration, or conversion of commercial modulars based on Parts 2, 3, 4, 5, 6, and 11 of the California Building Standards Code, as contained in Title 24 of the California Code of Regulations, with appropriate additions, deletions, and other implementing provisions. The regulations adopted under this paragraph shall be placed within Title 25 of the California Code of Regulations.
(2) The requirements promulgated by the department pursuant to this section shall apply only to the construction, alteration, and conversion of commercial modulars, and not to the use or operation of commercial modulars.
(d) A municipality shall not prohibit the use of commercial modulars that bear a valid insignia, based on the date the insignia was issued.
(Amended by Stats. 2011, Ch. 239, Sec. 2. (SB 562) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18028.5.

18028.5. (a)  The provisions of Section 17920.9, and the rules and regulations adopted pursuant thereto, shall be applicable to the sale, offering for sale, or use in the construction of commercial coaches and of manufactured homes and mobilehomes which are not subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.), of any foam building system, and to any such mobilehome or commercial coach in which that system is used as a component.
(b)  All manufactured homes, including mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.).
(Amended by Stats. 1981, Ch. 975, Sec. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18029.

18029. (a) It is unlawful for any person to alter or convert, or cause to be altered or converted, the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, multifamily manufactured home, special purpose commercial modular, or commercial modular that bears a department insignia of approval or federal label when the manufactured home, mobilehome, multifamily manufactured home, special purpose commercial modular, or commercial modular is used, occupied, sold, or offered for sale within this state, unless its performance as altered or converted is in compliance with this chapter and applicable regulations adopted by the department. The department may adopt regulations providing requirements for alterations and conversions described in this section.
(b) (1) Any person required by this chapter or the regulations adopted pursuant to this chapter to file an application for an alteration or conversion who fails to file that application shall pay double the application fee prescribed for the alteration or conversion by this chapter or by regulations adopted pursuant to this chapter.
(2) Any person found for a second or subsequent time within a five-year period to have failed to file an application for alteration or conversion or causing the failure to file an application for alteration or conversion for a manufactured home, mobilehome, multifamily manufactured home, special purpose commercial modular, or commercial modular shall pay 10 times the application fee prescribed in this chapter or by the regulations adopted pursuant to this chapter.
(Amended by Stats. 2008, Ch. 664, Sec. 15. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18029.1.

18029.1. (a) Notwithstanding Section 18029, a person may, without filing an application for an alteration or conversion required by this chapter, alter or convert, or cause to be altered or converted, the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home or mobilehome in order to extend a gas line or electrical feeder line, or both, from a utility-owned service line to the electrical subpanel or gas inlet of the manufactured home or mobilehome only for the purpose of a natural gas or electric service utility upgrade, or both, within a mobilehome park that is subject to or consistent with the requirements of Public Utilities Commission Decision 14-03-021 (March 13, 2014).
(b) Notwithstanding Section 18029, if, at the time that natural gas or electric service is connected to a manufactured home or mobilehome as part of a natural gas or electric service utility upgrade, or both, within a mobilehome park that is subject to or consistent with the requirements of Public Utilities Commission Decision 14-03-021 (March 13, 2014), a defect in the manufactured home or mobilehome relating to the heat-producing or electrical systems or installations or equipment is found, the heat-producing or electrical systems or installations or equipment may be repaired or replaced without filing an application for an alteration or conversion required by this chapter if the repair or replacement is necessary to correct the defect, is made promptly, and is approved by the department.
(c) The department shall inspect any alteration or conversion described in subdivision (a) or (b) to ensure that any health and safety standards set forth in this part or Part 2.1 (commencing with Section 18200), or any rules and regulations adopted pursuant to those parts, that are consistent with the mission set out in Public Utilities Commission Decision 14-03-021 (March 13, 2014) are met.
(Added by Stats. 2015, Ch. 581, Sec. 1. (AB 682) Effective October 8, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18029.3.

18029.3. (a)  Any manufactured home, mobilehome, vehicle, or transportable structure manufactured, remanufactured, altered, used, or converted for use as a commercial coach or special purpose commercial coach shall comply with this part and the regulations adopted pursuant to this part relating to insignia and inspection requirements, construction, fire safety, electrical, heating, mechanical, plumbing, occupancy, and energy conservation.
(b)  Special purpose commercial coach mobile food preparation units shall also meet the requirements of Article 12 (commencing with Section 114285) of Chapter 4 of Part 7 of Division 104 and the regulations implementing, interpreting, and clarifying that article, as enforced by the State Department of Health Services, which shall supersede the requirements in this part and the regulations adopted pursuant to this part in the event of a conflict.
(Amended by Stats. 2002, Ch. 713, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18029.4.

18029.4. Any special purpose commercial coach which is designed, manufactured, remanufactured, altered, used, or converted for use as a module of a permanently constructed building shall comply with the construction standards applicable to commercial coaches.
(Added by Stats. 1987, Ch. 707, Sec. 6.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18029.5.

18029.5. (a)  The department may adopt rules and regulations, which it determines to be reasonably consistent with generally recognized fire protection standards, governing conditions relating to the prevention of fire or for the protection of life and property against fire in manufactured homes, mobilehomes, special purpose commercial coaches, and commercial coaches. All manufactured homes and mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Sec. 5401, et seq.).
(b)  The chief fire official of every city, county, city and county, fire protection district, or other local fire protection agency shall file a report on each manufactured home and mobilehome fire occurring within his or her jurisdiction with the State Fire Marshal. The report shall be made on forms provided by the State Fire Marshal.
(c)  The State Fire Marshal shall annually compile a statistical report on all manufactured home and mobilehome fires occurring within this state and shall furnish the department with a copy of the report. The annual report shall include, but need not be limited to, the number of manufactured home and mobilehome fires, the causes of the fires, the monetary loss, and any casualties or fatalities resulting from the fires.
(Amended by Stats. 1998, Ch. 293, Sec. 9. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18029.6.

18029.6. (a) (1) Beginning January 1, 2020, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold on or after January 1, 2020, or rented pursuant to a rental agreement entered into on or after January 1, 2020, shall have a smoke alarm installed in each room designed for sleeping that is operable on the date of rental or transfer of title. Each smoke alarm shall be installed in accordance with the manufacturer’s installation instructions and have been approved and listed by the Office of the State Fire Marshal pursuant to Section 13114.
(2) The smoke alarm manufacturer’s information describing the operation, method and frequency of testing, and proper maintenance of all smoke alarms installed in the used manufactured home, used mobilehome, or used multifamily manufactured home shall be provided to the purchaser or renter of the used manufactured home, used mobilehome, or used multifamily manufactured home.
(b) The requirements of subdivision (a) shall be deemed satisfied if, within 45 days prior to the date of rental or of transfer of title, the lessor or the transferor signs a declaration stating that each smoke alarm in the manufactured home, mobilehome, or multifamily manufactured home is installed pursuant to subdivision (a) and is operable on the date the declaration is signed.
(c) The department may adopt rules and regulations to clarify or implement this section.
(d) For sales of manufactured homes or mobilehomes installed on real property pursuant to subdivision (a) of Section 18551, as to real estate agents licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, the real estate licensee liability provisions of subdivisions (e), (f), and (g) of Section 13113.8 shall apply to the disclosures required by this section.
(Amended by Stats. 2019, Ch. 299, Sec. 1. (AB 338) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18030.

18030. (a)  If the department determines that standards for commercial coaches and special purpose commercial coaches prescribed by the statutes or regulations of another state are at least equal to the standards prescribed by the department, the department may so provide by regulation. Thereafter, any commercial coaches or special purpose commercial coaches which that other state has approved as meeting its standards shall be deemed to meet the standards of the department, if the department determines that the standards of the other state are actually being enforced.
(b)  In lieu of the procedure set forth in subdivision (a), the department may contract with approved third-party entities for enforcement of the applicable provisions of this part for commercial coaches or special purpose commercial coaches manufactured outside this state for sale within this state. Third-party entities may apply to the department for enforcement authority pursuant to this subdivision by providing evidence to the satisfaction of the department that they satisfy all of the following criteria:
(1)  They are independent and free from conflict of interest, have the ability to enforce this part, and shall enforce this part without an actual conflict of interest or any appearance of a conflict of interest.
(2)  They are adequately staffed with qualified personnel who can, and shall, implement all provisions of the contract, including monitoring, reporting, and enforcement.
(3)  They have the authority, through contract or otherwise, and the ability to obtain correction of defects detected or reported as a result of their enforcement activities.
(4)  They meet any other conditions of operation that the department may reasonably incorporate into the contract.
(c)  If the department enters into a contract authorized by subdivision (b), the department may require cancellation clauses, fees, personnel résumés, reports, or other reasonable information or documents deemed necessary to ensure that subdivision (b) and this part are adequately enforced.
(Amended by Stats. 1998, Ch. 293, Sec. 10. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18030.5.

18030.5. A manufactured home, mobilehome, recreational vehicle, commercial coach, or special purpose commercial coach which meets the standards prescribed by this chapter, and the regulations adopted pursuant thereto, shall not be required to comply with any local ordinances or regulations prescribing requirements in conflict with the standards prescribed in this chapter.
(Amended by Stats. 1987, Ch. 707, Sec. 7.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18031.

18031. The department, by rules and regulations, may establish a schedule of fees to pay the costs of work related to administration and enforcement of this part. The fees collected shall be deposited in the Mobilehome-Manufactured Home Revolving Fund.
(Amended by Stats. 1983, Ch. 1076, Sec. 25.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18031.5.

18031.5. Nothing in this part or any other provision of law shall be construed to prohibit the installation of fireplaces in manufactured homes and mobilehomes. The department shall adopt any regulations for the installation of fireplaces in manufactured homes, mobilehomes, or commercial coaches which it may determine are reasonably necessary in order to protect the health and safety of the occupants and to assure that an installation does not impair the efficiency of the primary heating or cooling system of the manufactured home, mobilehome, or commercial coach. All manufactured homes, mobilehomes, and commercial coaches manufactured on or after June 15, 1976, which contain fireplaces, shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., Sec. 5401, et seq.).
(Amended by Stats. 1983, Ch. 1076, Sec. 26.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18031.8.

18031.8. (a)  Nothing in this part or the regulations promulgated thereunder shall prohibit the replacement in manufactured homes or mobilehomes of ovens, ranges, or clothes dryers with fuel gas burning ovens, ranges, or clothes dryers not specifically listed for use in a manufactured home or mobilehome.
(b)  Replacement fuel gas burning ovens, ranges, or clothes dryers shall be listed for residential use and installed in accordance with the specifications of that listing to include tiedown and bracing to prevent displacement.
(c)  Replacement fuel gas burning ovens, ranges, or clothes dryers installed in accordance with subdivision (b) shall bear a label in compliance with subdivision (c) of Section 18031.7.
(Added by Stats. 1993, Ch. 244, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18032.

18032. (a)  The manufacturer of any new manufactured home or mobilehome manufactured on or after January 1, 1977, shall affix a label to the manufactured home or mobilehome, if the manufactured home or mobilehome is to be displayed for retail sale in this state. The label shall include the following information about the manufactured home or mobilehome:
(1)  Make, model, and serial or identification number.
(2)  Final assembly point.
(3)  Name and location of dealer to whom delivered.
(4)  Name of city or unincorporated area at which delivered.
(5)  Manufacturer’s suggested retail price which shall include the price of the following:
(A)  The basic manufactured home or mobilehome unit.
(B)  Extra construction features and materials.
(C)  Total price of the manufactured home or mobilehome.
(D)  A statement of whether the price includes or excludes the towbar, wheels, wheel hubs, and axles.
(b)  A dealer may not display a manufactured home or mobilehome for sale or deliver a manufactured home or mobilehome manufactured on or after January 1, 1977, in this state which does not contain the label required by subdivision (a).
(c)  Except as otherwise provided in subdivisions (d) and (e), the removal or alteration of any label required by this section from the manufactured home or mobilehome by anyone except the retail purchaser is a misdemeanor.
(d)  The label required by this section may be removed by any person after the manufactured home or mobilehome is affixed to a foundation system.
(e)  The label required by this section may be removed by any person after the manufactured home or mobilehome has been installed as a display model within a designated model center, along with an enclosed vehicle garage or carport, within a mobilehome park or subdivision. For the purposes of this subdivision, “designated model center” means a display of two or more new manufactured homes or new mobilehomes located within close proximity of each other that are used for the purpose of selling similar models within a mobilehome park or subdivision and those new manufactured homes or mobilehomes that are on display are installed pursuant to Section 18613.
(f)  If a label required by this section has been removed pursuant to subdivision (e) , the dealer shall provide the buyer or potential buyer of the new manufactured home or new mobilehome with all of the information required by subdivision (a), except for the manufacturer’s suggested retail price. The dealer shall display a total price for the new manufactured home or new mobilehome along with either the vehicle garage or carport and any other manufactured home or mobilehome accessory building or structure or manufactured home or mobilehome accessory as defined in Section 18008.5 that is included in the total purchase price.
(Amended by Stats. 1992, Ch. 857, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 4 - Standards › Section 18034.

18034. (a) A dealer, as defined in Section 18002.6, or a salesperson, as defined in Section 18013, is not required to be licensed as a mortgage loan originator under the provisions of state law that implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289), if the dealer or salesperson performs only administrative or clerical tasks on behalf of a person meeting the definition of a mortgage loan originator, and if the dealer or salesperson does not accept compensation from a lender, mortgage loan originator, or from any agent of any lender or mortgage loan originator.
(b) For purposes of this section, the term “administrative and clerical tasks” means the receipt, collection, and distribution of information common for the processing or underwriting of a loan in the mortgage industry and communication with a consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan.
(Added by Stats. 2009, Ch. 160, Sec. 85. (SB 36) Effective October 11, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18035.1.

18035.1. (a)  As a part of the documents executed for every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome, the dealer and purchaser shall sign a receipt for deposit, a copy of which shall be provided to the purchaser and a copy shall be retained by the dealer for not less than three years. It shall state at least the following in type not less than 6-point type size:
(1)  A statement that the purchaser shall receive a copy of the purchase contract and receipt for deposit.
(2)  A statement that all portions of the purchase documents and receipt for deposit shall be completed prior to obtaining the purchaser’s signature.
(3)  A statement of the specific amounts of the deposit, downpayment, or other category of funds required to be placed in escrow prior to closing, and a warning that the deposit may be withheld in escrow in case of a dispute between the purchaser and the dealer.
(4)  A statement that the amounts of the deposit and downpayment shall be agreed upon by the purchaser and dealer and shall have been entered on the purchase documents and receipt of deposit prior to the purchaser’s signing.
(5)  Sections 18035, 18035.1, and 18035.3 of this code and Section 1797.3 of the Civil Code reprinted in their entirety.
(6)  A statement that any oral promises or commitments that have been made are not binding unless they appear in writing on the purchase documents.
(7)  A warning that a warranty document complying with Section 1797.3 of the Civil Code shall be provided to the purchaser of a new manufactured home or mobilehome immediately after signing the purchase documents.
(8)  A statement that the terms and duration of any other warranty, not required by law, offered by the dealer shall be in writing.
(9)  A statement that, if the purchaser has any complaints with respect to sales practices, delivery, warranty, or other matters related to the manufactured home or mobilehome, he or she may seek administrative relief from the department or legal relief in a court of competent jurisdiction.
(10)  A statement that the sale will not be complete until the escrow for the sale closes.
(b)  For the sale of a manufactured home or mobilehome not subject to registration by the department, the dealer shall provide a statement of fact, in type not less than 6-point type size, containing the information specified in paragraphs (6), (7), (8), (9), and (10) of subdivision (a) as part of the purchase documents.
(c)  Where the sale of a new or used manufactured home or mobilehome subject to registration under this part does not involve a dealer, the department, by regulation, may require the seller and buyer to execute a receipt for deposit containing whatever information of the nature described in this section, the department deems appropriate.
(Amended by Stats. 1996, Ch. 799, Sec. 9. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18035.2.

18035.2. (a)  For every sale by a dealer of a new or used manufactured home or mobilehome to be installed on a foundation system pursuant to subdivision (a) of Section 18551, the dealer shall execute in writing and obtain the buyer’s signature on a purchase order, conditional sale contract, or other document evidencing the purchase, and provide a statement of fact complying with subdivision (b) of Section 18035.1, contemporaneous with or prior to the receipt of any cash or cash equivalent from the buyer and shall establish an escrow account with an escrow agent. The escrow shall not be subject to Section 18035. The parties shall provide for escrow instructions that identify the fixed amounts of the deposit and balances due prior to closing, consistent with the amounts set forth in the document evidencing the purchase and related services. Escrow disbursements and closing shall be consistent with the mutually agreed terms and conditions of the documents evidencing the purchase and related services. Disbursements of funds from escrow prior to delivery and installation of the unit, any accessory structures, and related services shall only be as mutually agreed upon in writing by the dealer and buyer.
(b)  For every sale by a dealer of a new manufactured home or mobilehome installed or to be installed on a foundation system pursuant to subdivision (a) of Section 18551, the escrow instructions shall provide all of the following:
(1)  That the original manufacturer’s certificate of origin be placed in escrow.
(2)  That, in the alternative:
(A)  The lien of any inventory creditor on the manufactured home or mobilehome shall be satisfied by payment from the escrow account.
(B)  That the inventory creditor shall consent in writing to other than full payment.
For purposes of this paragraph, “inventory creditor” includes any person who is identified as a creditor on the manufacturer’s certificate of origin or any person who places the original certificate of origin in escrow and claims in writing to the escrow agent to have a purchase money security interest in the manufactured home or mobilehome as contemplated by Section 9103 of the Commercial Code.
(3)  That the escrow agent shall obtain from the manufacturer a true and correct facsimile of the copy of the certificate of origin retained by the manufacturer pursuant to Section 18093.
(c)  For every sale by a dealer of a new or used manufactured home or mobilehome that is subject to inspection pursuant to subdivision (a) of Section 18551, and for which it is stated, on the face of the document certifying or approving occupancy, that the issuance of the document is conditioned upon the payment of a fee, charge, dedication, or other requirement levied pursuant to Section 17620 of the Education Code, the escrow instructions shall provide that the payment of that fee, charge, dedication, or other requirement be made to the appropriate school district upon the close of escrow.
(Amended by Stats. 2002, Ch. 713, Sec. 4. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18035.25.

18035.25. Notwithstanding any other provision of this part to the contrary, it is a ground for disciplinary action, and not a criminal offense, for a dealer to fail to correct, or cause to be corrected, any defects in the installation of a manufactured home or mobilehome performed by a licensed contractor whom the dealer had certified to the purchaser as the installation contractor pursuant to subdivision (c) of Section 7027 of the Business and Professions Code. Any accusation filed against a licensee for a violation of this section shall be filed within three years after the occurrence of the act or omission alleged as the ground for disciplinary action.
(Added by Stats. 1986, Ch. 851, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18035.3.

18035.3. (a)  For every sale by a dealer of a new or used manufactured home or mobilehome, either the purchase order, conditional sale contract, or other document evidencing the purchase thereof, or any attachment to a purchase document signed and dated by the purchaser, shall contain all of the following:
(1)  A description of the manufactured home or mobilehome, a description and the cash price of each accessory, structure, or service included with the purchase, and the total cash price for the purchase. The statement shall also state whether the purchase price includes or excludes the towbar, wheels, wheel hubs, tires, and axles and, if they are not included in the purchase price, the price of each shall be listed.
(2)  The amount, if any, charged by the dealer for documentary preparation and, if a documentary preparation charge is imposed, a notice advising the purchaser that the charge is not a governmental fee.
(3)  A notice in type no smaller than 8-point that complaints concerning the purchase shall be referred to the dealer and, if the complaint is not resolved, may be referred to the Department of Housing and Community Development, Division of Codes and Standards, Occupational Licensing. The notice shall contain the current address and telephone number of the department.
(4)  A notice, in at least 10-point boldface type reading as follows:
(A)  Do NOT sign the purchase agreement before you read it or if it contains any blank spaces to be filled in.
(B)  You are entitled to a completely filled-in copy of that agreement and, if purchasing a manufactured home or mobilehome covered by a warranty, a copy of the warranty.
(5)  The name, business address, and contractor’s license number of the licensed contractor whom the dealer certifies as performing the installation of the manufactured home or mobilehome pursuant to subdivision (c) of Section 7026.2 of the Business and Professions Code.
(6)  The disclosures required by this subdivision need not be contained in the same document.
(b)  A failure to disclose pursuant to this section shall not be the basis for rescission of a conditional sales contract.
(c)  Notwithstanding any other provision of this part to the contrary, a failure to provide the disclosures specified in paragraph (5) of subdivision (a) is a ground for disciplinary action and not a criminal offense.
(d)  If the dealer is also licensed as a real estate broker, the sale of a manufactured home or mobilehome being installed on a foundation system pursuant to Section 18551 may be included in the purchase document for the underlying real property, if the requirements of this section are met.
(Amended by Stats. 1998, Ch. 689, Sec. 11. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18035.4.

18035.4. Sections 18035, 18035.1, and 18035.2 shall not apply to the sale of manufactured homes or mobilehomes to:
(a)  The federal government.
(b)  The state.
(c)  Any agency or political subdivision of the state.
(d)  Any city, county, or city and county.
(Added by Stats. 1987, Ch. 1339, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18036.

18036. In the event a buyer of a manufactured home or mobilehome obligates himself or herself to purchase, or receive possession of, a manufactured home or mobilehome pursuant to a contract or purchase order, and the seller knows that the buyer intends to obtain financing from a third party without the assistance of the seller, and the buyer is unable to obtain the financing within 30 days of the execution of the contract or purchase order, the contract or purchase order shall be deemed rescinded and all consideration thereupon, other than escrow fees, shall be returned by the respective parties without demand.
(Amended by Stats. 1983, Ch. 1076, Sec. 27.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18037.

18037. Notwithstanding any agreement to the contrary, the holder of a conditional sale contract for which Regulation Z disclosures are required pursuant to Section 18036.5 is subject to all equities and defenses of the buyer against the seller, except as provided by Section 18036.5. However, the assignee’s liability may not exceed the amount of the debt owing to the assignee at the time of assignment. The assignee shall have recourse against the seller to the extent of any liability incurred by the assignee pursuant to this section whether the assignment was with or without recourse except to the extent of any written agreement between the seller and assignee which expressly references this section and modifies its effect.
(Amended by Stats. 1983, Ch. 1124, Sec. 23. Operative July 1, 1984, by Sec. 57 of Ch. 1124.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18038.7.

18038.7. No deficiency judgment shall lie in any event, after the sale of any manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration pursuant to this part, for failure of the purchaser to complete his or her sale contract given to the seller to secure payment of the balance of the purchase price of the manufactured home, mobilehome, commercial coach, truck camper, or floating home. This section shall not apply in the event there is substantial damage to the manufactured home, mobilehome, commercial coach, truck camper, or floating home other than wear and tear from normal usage.
In addition, no deficiency judgment shall lie in any event under a deed of trust or mortgage or note on a floating home serving as a dwelling for not more than four families given to a lender to secure payment of a loan which was in fact used to pay for all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser.
(Amended by Stats. 1991, Ch. 942, Sec. 13.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18039.

18039. No agreement entered into pursuant to this chapter shall contain any provision by which the buyer waives his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be void and unenforceable.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18039.1.

18039.1. Notwithstanding any other provision of law to the contrary, if a manufactured home or mobilehome is affixed to a permanent foundation pursuant to Section 18551, or security for the manufactured home or mobilehome loan includes the real property it is affixed to or installed upon, procedures for notice of default and sale shall be governed by Chapter 2 (commencing with Section 2920) of Title 14 of the Civil Code and shall not be governed by the provisions of this chapter.
(Amended by Stats. 1983, Ch. 1076, Sec. 28.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 5 - Sales and Escrows › Section 18039.5.

18039.5. (a)  The provisions of this chapter, except Section 18037.5, shall not apply to any loan or credit sale secured by a manufactured home or mobilehome subject to registration under this part unless the loan or credit sale was made under circumstances which required disclosures under Regulation Z, as defined by Section 18036.5.
(b)  In no respect shall the sale or financing of a manufactured home or mobilehome subject to this chapter and of any goods or services sold in conjunction with the sale of the manufactured home or mobilehome be subject to the Retail Installment Sales Act, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code or the Automobile Sales Finance Act, Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code.
(Added by Stats. 1983, Ch. 1124, Sec. 26. Operative July 1, 1984, by Sec. 57 of Ch. 1124.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 6 - Multiple Listing Between Dealers of Manufactured Homes, Mobilehomes, or Commercial Coaches › Section 18040.

18040. (a)  With respect to the sale of any manufactured home, mobilehome, or commercial coach that has not been previously installed on a foundation system pursuant to Section 18551, a dealer may solicit or obtain listings, engage in the multiple listing only with other dealers, or engage in payments only to other dealers or groups of dealers, pursuant to cooperative brokering and referral arrangements or agreements on the sale of only a manufactured home, mobilehome, or commercial coach which has been titled by the department.
(b)  With respect to the resale of any manufactured home or mobilehome that has not been previously installed on a foundation system pursuant to subdivision (a) of Section 18551, a dealer may solicit or obtain listings, engage in multiple listing, or engage in payments with other dealers, groups of dealers, or with real estate licensees licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code.
(Amended by Stats. 1997, Ch. 423, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 6 - Multiple Listing Between Dealers of Manufactured Homes, Mobilehomes, or Commercial Coaches › Section 18040.5.

18040.5. The department, after notice and hearing, may suspend or revoke a dealer’s license upon determining that the dealership has committed any of the acts or omissions specified in Section 18062.
(Amended by Stats. 1984, Ch. 1528, Sec. 4. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 1 - General Requirements › Section 18045.

18045. It shall be unlawful for any person to act as a licensee within this state without having first procured a license or temporary permit issued by the department pursuant to this chapter, or when a license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement for a stipulated penalty entered into pursuant to Section 18064.5 have not been fulfilled.
(Amended by Stats. 1982, Ch. 1162, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 1 - General Requirements › Section 18045.5.

18045.5. (a)  The department shall not issue a manufacturer, distributor, or dealer license to any applicant therefor who does not have an established place of business.
(b)  In the case of a dealer or distributor, the established place of business shall have an office located within the State of California. In the case of a manufacturer, the established place of business shall have a manufacturing area defined by department regulations situated on the same property. When a room or rooms in a hotel, roominghouse, apartment house building, or a part of any single-unit or multiple-unit dwelling house is used as an office or offices of an established place of business, the room or rooms shall be devoted exclusively to, and occupied for, the office or offices of the licensee, shall be located on the ground floor, and shall provide a direct entrance into the room or rooms from the exterior of the building.
(c)  The established place of business shall be open for inspection of the premises, pertinent records, and manufactured homes, mobilehomes, or commercial coaches by any department representative during business hours. If records are kept at a location other than the principal dealer business location, that other location shall be open for inspection of the premises and pertinent records during normal business hours.
(Amended by Stats. 2003, Ch. 814, Sec. 4. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 1 - General Requirements › Section 18045.8.

18045.8. (a)  Notwithstanding Section 18045.5, for an office at a dealer’s established place of business, the department may issue a temporary permit as provided in Section 18052.
(b)  When a dealer’s license applicant has satisfied all other requirements for a dealer’s license, as provided in this part and the regulations adopted pursuant thereto, except for the office, and the applicant proposes to purchase a new manufactured home, mobilehome, or commercial coach for use as the required office, the temporary permit shall be canceled automatically if the dealer’s license applicant does not purchase a new manufactured home, mobilehome, or commercial coach and establish it as the required office, or otherwise establish a complying office, within 60 days of the temporary permit issuance date.
(Added by Stats. 1986, Ch. 442, Sec. 7.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 1 - General Requirements › Section 18046.

18046. (a)  An “agent” for purposes of this section and Section 18025, means a dealer or salesperson licensed pursuant to this part, or a real estate broker or salesperson licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code.
(b)  A “seller” for the purposes of this section and Section 18025 means the lawful owner of the manufactured home or mobilehome offering the home for sale. For purposes of this section and Section 18025, the exemptions enumerated by Section 1102.2 of the Civil Code shall be applicable to the transfer of a manufactured home or mobilehome.
(c)  The sale of used manufactured homes or mobilehomes by a real estate broker or salesperson licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code shall be subject to Section 2079 of the Civil Code.
(d)  It is the duty of a dealer or salesperson, licensed under this chapter, to a prospective buyer of a used manufactured home or mobile home, subject to registration pursuant to this part, to conduct a reasonably competent and diligent visual inspection of the home offered for sale and to disclose to that prospective buyer all facts materially affecting the value or desirability of the home that an investigation would reveal, if that dealer or salesperson has a written contract with the seller to find or obtain a buyer or is a dealer or salesperson who acts in cooperation with others to find and obtain a buyer. Where a transfer disclosure statement is required pursuant to subdivision (b) of Section 1102 of the Civil Code, a dealer or salesperson shall discharge that duty by completing the agent’s portion of the transfer disclosure statement that a seller prepares and delivers to a prospective buyer pursuant to subdivision (b) of Section 1102 of the Civil Code. If no transfer disclosure statement is required, but the transaction is not exempt under Section 1102.2 of the Civil Code, a dealer shall discharge that duty by completing and delivering to the prospective buyer an exact reproduction of Sections III, IV, and V of the transfer disclosure statement required pursuant to subdivision (b) of Section 1102 of the Civil Code.
(Amended by Stats. 1999, Ch. 517, Sec. 9. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 1 - General Requirements › Section 18046.1.

18046.1. The standard of care owed by a dealer to a purchaser under this part is the degree of care that a reasonably prudent dealer would exercise and is measured by the degree of knowledge through education, experience, and examination required to obtain a license under this chapter.
(Added by Stats. 1996, Ch. 812, Sec. 5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18050.

18050. (a) Every applicant for an occupational license shall make application to the department for a license containing a general distinguishing number.
(b) The applicant shall submit all information as may be reasonably required by the department in carrying out the provisions of this chapter, including, but not limited to, proof of successful completion within the previous six months of the appropriate department examination and proof of his or her status as a bona fide manufacturer, distributor, dealer, dealer branch, or salesperson.
(c) The applicant shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with information as to the applicant’s character, honesty, integrity, and reputation, as the department may consider necessary. The department, by regulation, shall prescribe what information is required of the applicant for the purposes of this subdivision.
(d) (1) In conjunction with the license application, the applicant shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and content of a record of state or federal convictions, and state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal.
(2) Upon receipt of the fingerprint images and related information described in paragraph (1) from the applicant, the Department of Justice shall forward to the Federal Bureau of Investigation a request for federal summary criminal history information.
(3) Upon receipt of federal summary criminal history information from the Federal Bureau of Investigation, the Department of Justice shall review that information and compile and disseminate a response to the Department of Housing and Community Development pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(4) The Department of Housing and Community Development shall request subsequent arrest notification service from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for the applicant.
(5) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this subdivision.
(e) Upon receipt of a complete application for a license that is accompanied by the appropriate fee, the department shall, within 120 days, make a thorough investigation of the information contained in the application.
(Amended by Stats. 2007, Ch. 166, Sec. 1. Effective January 1, 2008.)