BILL ANALYSIS
SB 750
Date of Hearing: April 13, 1994
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Dan Hauser, Chair
SB 750 (Roberti) - As Amended: April 6, 1994
SENATE ACTIONS: NA
SENATE ACTIONS:
COMMITTEE LOC. GOV. VOTE NA COMMITTEE VOTE
Ayes: Ayes:
Nays: Nays:
SUMMARY
Requires any new manufactured home or mobilehome manufactured on or after
June 1, 1995 to be installed in accordance with specified wind standards
šand design and seismic requirements of the California Building Standards
šCode. In addition, the bill authorizes local jurisdictions to adopt
šseismic safety requirements for manufactured homes and mobilehomes which
šexceed those enforced under the Mobilehome Parks Act.
DIGEST
Existing law:
1) Requires manufactured homes/mobilehomes installed in mobilehome parks
š to be installed according to specific vertical support load
requirements of the California Building Standard Code (CBSC) and the
roof snow-load requirements for specific jurisdictions. Existing law
does not require, hoever, that double-wide and triple-wide
mobilehomes be installed to rsist any horizontal wind or seismic
forces (the wind installation requirement is only required on single-
wide homes installed i high-wind areas).
2) Requires manufactured housing and mobilehomes to be installed in
š accordance with the provisions of the Mobilehome Parks Act (MPA), which
is administered by the Department of Housing And Community Development
(HCD).
3) Establishes that the installation requirements of the MPA supersede any
š local ordinance.
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4) Authorizes a manufactured home/mobilehome to be installed upon a
š permanent "foundation system" that is designed to withstand the
the vertical and lateral forces due to dead load, roof and floor live
loads, wind and seismic loads, in accordance with the 1982 version of
the Uniform Building Code (UBC) (which is adopted as the CBSC and
contains the same structural/engineering requirements for site-built
structures), and any other specific requirements established for
permanent buildings within specific local areas.
5) Establishes regulations governing the installation and design of
š Earthquake Resistant Bracing Systems (ERBS), which meet 1982 UBC
seismic requirements. ERBS are available for purchase and use by
homeowners but, when installed, permit homes to "drop" toward the
ground a maximum of two inches before the bracing systems are engaged.
6) Requires that the CBSC impose substantially the same requirements as
š are contained in the most recent editions of the following uniform
industry codes: the Uniform Housing Code, the UBC, the Uniform
Plumbing Code, the Uniform Mechanical Code, and the National Electrical
Code.
7) Authorizes a local government to adopt building standards which are
š more stringent than the state standard and reasonably necessary because
of local climatic, geological, or topographical conditions.
8) Provides that "building standard" does not include any regulation,
š rule, order, or standard pertaining to manufactured homes and
mobilehomes, or mobilehome park, except for permanent facilities under
the control and ownership or the park operator.
This bill:
1) Requires, notwithstanding any other provision of law, any new
š manufactured home or mobilehome manufactured on or after June 1, 1995
to be installed to meet its design wind-load requirement or 15 pounds
per square foot, whichever is greater, and to meet the design and
seismic requirements of the CBSC.
2) Authorizes, notwithstanding any other provision of law, local
š jurisdictions to adopt seismic safety requirements for manufactured
homes and mobilehomes which are more stringent than those enforced
under the Mobilehome Parks Act (MPA) and meet the seismic safety design
requirements contained in the CBSC.
FISCAL EFFECT
Unknown. This bill contains a crimes and infractions disclaimer.
COMMENTS
1) The Author: According to the author, this bill is necessary
š because current state earthquake standards regarding the installation
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of mobilehomes are not strong enough for areas such as Los Angeles. In
addition, the author states that mobilehomes suffered significant
damage in the Loma Prieta and Northridge Earthquakes and much of that
damage could have been prevented if the homes had been installed
correctly.
2) Mobilehomes and Earthquakes: Mobilehomes and earthquakes do
š not coexist well. Over the last several decades, news reports of
significant earthquakes in California are shortly followed with
pictures, news stories, and live satellite feeds of toppled or, in some
cases, burning mobilehomes. Why? Because a mobilehome is only required
to be installed on a foundation consisting of either concrete cinder
blocks stacked one on top of the other or a series of concrete or steel
piers spaced at specific intervals which support the home with no
required lateral bracing.
These block or pier foundations provide adequate vertical support for
the weight of these homes; in fact, the foundations are required to
meet vertical support standards of the CBSC. These foundations,
however, are not required to meet any side-to-side or "horizontal"
movement which may come from wind or seismic forces. (There is one
narrow exception - single-wide homes in high wind areas must be tied to
the ground to resist wind forces.)
According to HCD, more than 4,400 mobilehomes fell off their
foundations, 900 shifted from their supports, and 184 mobilehomes
burned down as a result of the Northridge earthquake.
3) Manufactured Homes not Correctly Installed: Prior to 1973, the
š installation of manufactured homes was unregulated, and few homes were
installed in accordance with their installation instructions. The
state first gained the ability to regulate the installation of
manufactured homes in 1973. HCD's original proposal in their 1974
regulatory hearings was to require all manufactured homes to be
installed in accordance with their manufacturers' installation
instructions, which required the homes to be tied down to resist wind
loads. This proposal was heavily opposed by homeowners and their
representatives who cited additional costs of $750 to $1,500. In the
end, the regulations that were adopted only required lateral bracing or
"tie-downs" for single-wide homes in high-wind areas - exempting all
multi-wide homes and the great majority of single-wide homes from
lateral bracing requirements. In 1978, HCD again tried to require the
installation of tie-down devices to meet the manufacturers'
installation instructions, but that effort failed due to strong
opposition.
4) Manufacturer Installation Instructions: According to the Uniform
š Building Code, "when the code-prescribed wind design produces greater
effects (than seismic), the wind design shall govern." According to
building officials, engineers from the California Manufactured Housing
Institute, and HCD staff with expertise in mobilehome installations,
the notion of wind-load requirements exceeding seismic load
requirements is somewhat of a structural engineer's rule-of-thumb. In
other words, if a mobilehome was installed or "tied down'" to meet its
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existing wind-load requirements in most cases that installation would
also comply with seismic requirements.
5) Dual Standards: As drafted, the focus of this bill is confusing
š because the bill both authorizes local governments and requires the
state to accomplish the same objectives - installing new manufactured
homes to meet current seismic performance standards. Currently, state
law, the pre-emptive MPA, has jurisdiction over the installation of
mobilehomes. In most cases, the MPA is enforced by HCD, but local
governments may also choose to implement the MPA. In fact, local
governments have assumed jurisdiction under the MPA in approximately 40
percent of the state. For clarification, the scope and limits of
authority for the state and local jurisdictions should be clearly
spelled out. In other words, either local government or the state
should have jurisdiction over seismic safety portion of the Act, not
both.
6) Erosion of Mobilehome Parks Act? The effect of local
š jurisdictions being able to amend the MPA to enforce more stringent
seismic safety standards begs the question of: "what's next?" The
Committee has heard previous legislation, such as AB 3020 (Hunter) in
1992, where the sponsor, the City of Escondido, desired to locally
amend the Act to require greater setbacks in order to install sidewalks.
In addition to mobilehome installations, the MPA covers all health and
safety and design standards that occurs within the borders of
mobilehome parks: setback requirements, electrical, fuel gas,
plumbing, fire protection, accessory structures, maintenance, use,
occupancy, permits and fees.
What are the benefits of statewide uniform standards for mobilehome
parks vs. the flexibility of local control?
7) Opposition: The California Manufactured Housing Institute, in a
š letter of opposition to this bill, states:
a) Allowing local governments to set their own seismic standards may
lead to a confusing array of local standards and that, in turn,
would make it extremely difficult and costly for the manufactured
home industry to build products in factories for statewide
distribution.
b) Local governments could charge increased fees up to $1,000 for plan
check, approval, and inspections.
c) Local agencies only enforce the MPA in 40 percent of the state, but
this bill would allow local agencies to adopt standards different
from the state's and then require HCD to enforce those standards.
d) If the bill is enacted, the industry should be relieved of warranty
obligations for local requirements which degrade the structural
performance of the home and put the homes out of compliance with
the federal National Manufactured Housing Construction and Safety
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Act.
8) Legislative Hearings: In the wake of the Loma Prieta
š Earthquake, the Senate Select Committee on Mobilehomes held a hearing
in 1990 which focused on a number of earthquake safety issues. As a
result of that hearing,
legislation was passed which required HCD to study the issue. The HCD
šstudy, which was completed in 1992, made the following recommendations:
a) Require new mobilehome installations to be tied down in accordance
with manufacturers' instructions.
b) Require the supporting piers to be physically attached to the frame
and footings of the mobilehome.
c) Require improvements to ERBS, which include requiring that the ERBS
be attached to the frame of the mobilehome and eliminate the "two-
inch drop."
HCD has yet to approve any regulations implementing any of the above
suggestions. The Senate Select Committee on Mobilehomes held an
additional hearing on mobilehome earthquake safety on March 7, 1994.
SUPPORT
Seismic Safety Commission (Cosponsor)
OPPOSE
California Manufactured Housing Institute
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