California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 3 - Factory-Built Housing, Mobilehomes, and Manufactured Homes › Subchapter 2 - Manufactured Homes, Mobilehomes, Multifamily Manufactured Homes, Commercial Modulars, and Special Purpose Commercial Modulars › Article 5 - Third-Party Approval and Enforcement › Section 4852 - Conditions of Approval for a Design Approval Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to meeting the definition of a third-party
						entity provided in Health and Safety Code Section 18013.2, a Design Approval
						Agency shall satisfy all of the following criteria as a condition of
						approval.
(a) A Design Approval Agency
					 shall employ staff which satisfy the provisions of Part A of Standard E 541, of
					 the 1986 Annual Book of ASTM Standards published by the American Society for
					 Testing and Materials, hereby incorporated by reference. Only such staff shall
					 perform the activities of inspecting and approving plans and quality control
					 manuals.
(b) For the inspection of
					 plans for structural systems of mobile homes or commercial coaches, a Design
					 Approval Agency shall employ a staff engineer(s) registered by the State of
					 California or architect(s) licensed by the State of California.
(c) A Design Approval Agency shall have the
					 ability to enforce the provisions of California law and regulations governing
					 the manufacture of mobile homes, commercial coaches, special purpose commercial
					 coaches and recreational vehicles.
(d) A Design Approval Agency shall have the
					 ability to submit reports complying with Section 4880.
(e) A Design Approval Agency shall have the
					 ability to maintain plans and quality control manuals as well as amendments
					 thereto. This ability includes such activities as record keeping, storage,
					 retrieval of approved plans or manuals and maintenance of a system to
					 distinguish and assemble currently approved plans or manuals from those which
					 have been superseded or cancelled.
(f) A Design Approval Agency shall be free of
					 actual or potential conflict of interest and shall not be affiliated with,
					 influenced by, or controlled by any manufacturer of mobile homes, commercial
					 coaches, special purpose commercial coaches, or recreational vehicles, or
					 supplier.
(g) An individual
					 applicant for approval as a Design Approval Agency shall be qualified to
					 receive public benefits pursuant to chapter 5.5 of this division, beginning
					 with section 5802.
1. New
						section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88, No. 42).
						A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 2-3-89.
2. The Certificate of
						Compliance transmitted to OAL 1-31-89 was disapproved. Order of Repeal of
						10-6-88 emergency order filed 3-2-89 by OAL pursuant to Government Code Section
						11349.6 (Register 89, No. 11).
3. New section 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.
4. Certificate of Compliance including amendment
						of subsection (b) transmitted to OAL 6-29-89 and filed 7-24-89 (Register 89,
						No. 32).
5. New subsection (g) and amendment of NOTE filed 3-20-98
						as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of
						Compliance must be transmitted to OAL by 8-4-98 or emergency language will be
						repealed by operation of law on the following day.
6. New subsection
						(g) and amendment of NOTE refiled 8-4-98 as an emergency; operative 8-4-98
						(Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
						by 12-2-98 or emergency language will be repealed by operation of law on the
						following day.
7. Certificate of Compliance as to 8-4-98 order
						transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No.
						3).
Note: Authority cited: Section 18020, Health and Safety
						  Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 18020,
						  Health and Safety Code.