Bill Text: CA AB557 | 2025-2026 | Regular Session | Amended
Bill Title: California Factory-Built Housing Law.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2025-07-09 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB557 Detail]
Download: California-2025-AB557-Amended.html
|
Amended
IN
Assembly
April 24, 2025 |
|
Amended
IN
Assembly
March 24, 2025 |
| Introduced by Assembly Member McKinnor |
February 12, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
“Factory-built development” means a development project that uses factory-built housing for at least 50 percent of the residential square footage of the project.
“Installation inspection agency” means a private organization meeting the requirements of department regulations to perform inspections of the installation of factory-built housing and the construction of factory-built developments.
SEC. 5.SECTION 1.
Section 19980 of the Health and Safety Code is amended to read:19980.
(a) Any factory-built housing manufactured after the effective date of the building standards published in the State Building Standards Code and the other regulations adopted pursuant to Chapter 4 (commencing with Section 19990) of this part, which is sold or offered for sale to first users within this state,(a) All factory-built housing or factory-built developments bearing an insignia of approval pursuant to Section 19980 shall be deemed to comply with the requirements of all ordinances or regulations enacted by any city, city and county, county, or district that may be applicable to the construction of housing. A city, city and
county, county, or district shall not require submittal of plans for any factory-built housing manufactured, or to be manufactured,
or factory-built development constructed, or to be constructed, pursuant to this part for the purpose of determining compliance with this part or the regulations promulgated thereunder, or for determining compliance with any local construction requirement, except as provided in Section 19993.
(b) Any factory-built housing or factory-built development bearing a department insignia of approval pursuant to Section 19980 shall not be in any way modified prior
to, or during, installation unless approval is first obtained from the department.
The department shall enforce every provision of this part, the building standards published in the State Building Standards Code relating to factory-built housing, and the other regulations adopted pursuant to this part.
The department shall make in-plant inspection of all factory-built housing in all places of manufacture.
(a)The department shall provide by regulation for qualification and disqualification of design approval agencies to perform approval of factory-built housing and factory-built development plans and specifications, and the approvals of those agencies shall be deemed the equivalent of department approval. The regulations for qualification of design approval agencies shall specifically provide for the absence of any conflict of interest between manufacturers and design approval agencies and for department
oversight of design approval agency performance.
(b)An architect licensed pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code may perform approval of factory-built housing and factory-built development plans and specifications under penalty of perjury. Approvals by an architect shall be deemed the equivalent of department approval. The department shall provide by regulation for the disqualification of architects for this purpose.
The department shall enforce and inspect the installation of factory-built housing. The department shall provide by regulation for the qualification and disqualification of installation inspection agencies to perform inspections of the installation of factory-built housing and the construction of factory-built developments. The installation of factory-built housing and the construction of factory-built developments shall
be conducted in accordance with the requirements of the building standards published in the State Building Standards Code relating to factory-built housing and the other requirements of Part 1.5 (commencing with Section 17910), subject to the provisions of Section 19990.
(a) Local use zone requirements, local snow load requirements, local wind pressure requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any requirement of this part.
(b) Local requirements imposed on factory-built housing or factory-built developments pursuant to the authority granted by this section shall not vary substantially from the requirements imposed on other residential buildings of similar
size.
Except as provided in Section 18945, the department shall hear appeals brought by any person regarding the application to that person of any building standard published in the State Building Standards Code relating to factory-built housing or factory-built developments or to any other rule or regulation of the department promulgated pursuant to this part.
(a)Any person who violates any of the provisions of this part, a building standard published in the State Building Standards Code relating to factory-built housing or factory-built developments, or any other rules or regulations adopted pursuant to this part is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding 30 days, or by both that fine and imprisonment.
(b)(1)For violations of Section 19980, 19991.3, or 19991.4, the department shall assess civil penalties in a
range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(A)The citation includes multiple violations.
(B)The cited person has a history of violations of the same or similar provisions of this part and the regulations promulgated under this part.
(C)In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(D)In the judgment of the department, the violation is serious or harmful.
(E)The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(F)There is exculpatory evidence that, in the judgment of the department, is material to the elements of the current violation for which the citation is being issued and is significantly related to the degree of fault.
(2)If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(3)If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(4)Appeals procedures shall be the same as those provided under subdivisions (c) to (e), inclusive, of Section 18021.7.
(c)Nothing in this section is intended to preclude remedies available under other provisions of law.
