California Health and Safety Code 17031 – (a) (1) The operator of employee housing on a dairy farm …
(a) (1) The operator of employee housing on a dairy farm that meets the requirements of § 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may request an exemption from the requirement of obtaining an annual permit to operate. The employee housing camp operator shall notify each tenant of the permanent single-family employee housing in writing that such an exemption is being requested. The request for exemption shall be made in writing to the enforcement agency.
(2) An exemption shall be granted to permanent single-family employee housing unless the housing is in violation of the State Housing Law, building standards published in the California Building Standards Code relating to employee housing, or the other regulations adopted pursuant to the State Housing Law in a manner that materially affects the health and safety of the occupants, or in the case of a mobilehome or manufactured home, is in violation of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401, et seq.) or regulations of the department pursuant to Section 18028 in a manner that materially affects the health and safety of the occupants, or has been found in violation of this chapter within the previous two years.
Terms Used In California Health and Safety Code 17031
- Department: as used in this part , means the Department of Housing and Community Development. See California Health and Safety Code 17004
- Employee: as used in this part , does not include any of the following:
California Health and Safety Code 17005
- Employee housing: as used in this part , means any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:
California Health and Safety Code 17008
- Enforcement agency: as used in this part , means the Department of Housing and Community Development, or any city, county, or city and county which has assumed responsibility for the enforcement of this part, pursuant to Section 17050. See California Health and Safety Code 17007
- Permanent single-family employee housing: as used in this part , means single-family detached dwellings, mobilehomes, as defined in Section 18008, manufactured homes, as defined in Section 18007, or factory-built housing, as defined in Section 19971, constructed and maintained in accordance with applicable state or federal laws, including required permits and inspections. See California Health and Safety Code 17010
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(b) Whenever the enforcement agency issues an exemption from the requirement of obtaining a permit to operate, it shall make written findings indicating the reasons for issuing the exemption. Exemptions shall be reviewed annually by the enforcement agency.
The findings of the enforcement agency shall include, but not be limited to, all of the following information:
(1) The year the dwellings in the employee housing were constructed.
(2) The number of years the employee housing has been operated with a valid permit to operate.
(3) The number and character of any complaints received during the time the employee housing has been operating either with or without a permit.
(4) Any violations cited in the last inspection of the employee housing.
(c) Failure to maintain any permanent housing in accordance with the State Housing Law, or, in the case of mobilehomes or manufactured homes, failure to maintain these mobilehomes or manufactured homes in accordance with the provisions of Part 2.1 (commencing with Section 18200) of Division 13, and the regulations adopted pursuant thereto, in a manner which materially affects the health and safety of the occupants, shall be considered cause for revocation of an exemption.
(Amended by Stats. 2000, Ch. 471, Sec. 3. Effective January 1, 2001.)