1. (a) This article shall apply to the design, construction and installation of an ignition-resistant construction system, when a manufactured home, multifamily manufactured home or commercial modular structure, is newly installed in any Fire Hazard Severity Zone within State Responsibility Areas or in any Local Responsibility Area, as defined herein, pursuant to California Code of Regulations, Title 24, Part 2, Chapter 7A.

2. (b) Except as provided herein, this article preempts all other requirements in any law or ordinance establishing standards for the design and installation of ignition-resistant construction systems on the exterior of a manufactured home, mobilehome, multifamily manufactured home or commercial modular structures, including but not limited to those requirements of any ordinance or rule adopted by any city, county, city and county, or special district or fire district, except for the following:

   1. (1) Those structures not exempt pursuant to subsection (c) of this section installed in locally established fire hazard areas other than in areas specified in subsection (a) of this section shall not be subject to any additional or more restrictive ignition-resistant protection than required by this article.
   2. (2) Ignition-resistant construction standards enacted by local governments that are less restrictive than this article, shall apply only to those structures installed in locally established Wildland-Urban Interface Fire areas. The less restrictive ignition-resistant construction system standards shall be approved by the local enforcement agency and shall be applicable to those structures in the same manner as site-constructed buildings or structures constructed in the same fire hazard area.

3. (c) This article requires installation of an ignition-resistant construction system when a new manufactured home, multifamily manufactured home or commercial modular manufactured on or after September 1, 2008, is installed, or intended to be installed, in a State Responsibility Area or a Local Responsibility Area.

   1. (1) Exception: Any new or used commercial modular structure installed in either a State Responsibility Area or Local Responsibility Area for temporary use or occupancy for three years or less, as calculated based upon the date of permit issuance.

4. (d) This article shall require the installation of an ignition-resistant construction system or any part thereof, on a used manufactured home, mobilehome, multifamily manufactured home or commercial modular structure currently located in a State Responsibility Area or a Local Responsibility Area, if the structure meets one of the following criteria:

   1. (1) It undergoes exterior repair, replacement, or alteration of a component which would be subject to this article, and only the portion undergoing the repair, replacement or alteration must comply with the provisions of this article.
   2. (2) It undergoes conversion from one type of occupancy to another.
5. (e) If a used mobilehome or a new or used manufactured home, multifamily manufactured home or commercial modular is altered to add any or all components of exterior fire protection, and the alteration is intended to create an “ignition-resistant construction system”, the alterations or additions must comply with the provisions of this article.
6. (f) No municipality shall prohibit the use, occupancy or installation of a commercial modular, manufactured home, mobilehome or multifamily manufactured home based upon the date the unit was previously certified as complying with the provisions of this article.

Note: Authority cited: Sections 18015, 18020, 18028, 18029 and 18029.5, Health and Safety Code. Reference: Sections 18015, 18020, 18025, 18029.5, 18030.5 and 18613.4, Health and Safety Code.

History

1. New article 2.3 (sections 4200-4216) and section filed 8-29-2008 as an emergency; operative 8-29-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-25-2008 or emergency language will be repealed by operation of law on the following day.

2. New article 2.3 (sections 4200-4216) and section refiled 2-11-2009 as an emergency; operative 2-25-2009 pursuant to Government Code section 11346.1(d) (Register 2009, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-26-2009 or emergency language will be repealed by operation of law on the following day.

3. New article 2.3 (sections 4200-4216) and section refiled 5-22-2009 as an emergency; operative 5-26-2009 (Register 2009, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-24-2009 or emergency language will be repealed by operation of law on the following day.

4. Editorial correction of History 3 (Register 2009, No. 22).

5. Certificate of Compliance as to 5-22-2009 order, including amendment of section heading, section and Note, transmitted to OAL 7-9-2009 and filed 8-19-2009 (Register 2009, No. 34).

6. Amendment of article heading and section filed 6-7-2012; operative 6-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).