(a)  The department may delegate all or any portion of the authority to enforce this part and the regulations adopted pursuant to this part, or to enforce specific sections of this part or those regulations, to a local building department or health department of any city, county, or city and county where the department is the enforcement agency, if all of the following conditions exist:

(1)  The delegation of authority is necessary to provide prompt and effective recovery assistance or services during or immediately following a disaster declared by the Governor.

Terms Used In California Health and Safety Code 18865.8

  • County: includes city and county. See California Health and Safety Code 14
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Recreational vehicle: as used in this part has the same meaning as defined in Section 18010. See California Health and Safety Code 18862.37

(2)  The local building department or health department requests the authority and that request is approved by the governing body having jurisdiction over the local building department or health department.

(3)  The department has determined that the local building department or health department possesses the knowledge and expertise necessary to administer the delegated responsibilities.

(b)  The delegation of authority shall be limited to the time established by the department as necessary to adequately respond to the disaster, or the time period determined by the department, but in no case shall the period exceed 60 days. The delegation of authority may be limited to specific geographic areas or specific mobilehome parks or recreational vehicle parks at the sole discretion of the department.

(c)  Local building departments and health departments acting pursuant to subdivision (a) may charge fees for services rendered, not to exceed the department’s approved schedule of fees associated with the services provided. The department may also reimburse these local departments if funds are received for the activities undertaken pursuant to subdivision (a), but no obligation for reimbursement by the department shall accrue unless funds are allocated to the department for this purpose.

(Added by Stats. 2001, Ch. 434, Sec. 39. Effective January 1, 2002. Operative January 1, 2004, by Sec. 44 of Ch. 434, as amended by Stats. 2002, Ch. 1038.)

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