Chapter 1 General Provisions
Chapter 2 Enforcement
Chapter 3 Permits and Plans
Chapter 4 Inspection and Approval
Chapter 5 Construction
Chapter 6 Penalties

Terms Used In California Codes > Health and Safety Code > Division 8 > Part 5 - MAUSOLEUMS AND COLUMBARIUMS

  • Adult day program: means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. See California Health and Safety Code 1502
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Airborne toxic control measure: means either of the following:

    California Health and Safety Code 39655

  • Aircraft: includes , but is not limited to, any airplane, glider, or hot air balloon. See California Health and Safety Code 1527
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bodily injury: means any bodily injury, sickness, or disease sustained by any person including death at any time resulting therefrom. See California Health and Safety Code 1527
  • bona fide principal amount: as used in this division solely for the purposes of determining whether the loan amount exceeds a regulatory ceiling, and is not intended to affect the meaning of "principal" for any other purpose. See California Financial Code 22251
  • certified family home: means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements. See California Health and Safety Code 1506
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Public Utilities Code 20
  • Community crisis home: means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4. See California Health and Safety Code 1502
  • Community treatment facility: means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. See California Health and Safety Code 1502
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuing education program: means educational programs designed to increase the knowledge and skills of health workers. See California Health and Safety Code 1496
  • County: includes city and county. See California Financial Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • County: includes city and county. See California Public Utilities Code 18
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Crisis nursery: means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. See California Health and Safety Code 1502
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Director: means the Director of Social Services. See California Health and Safety Code 1502
  • directors: as used in this part , means the board of directors of the district. See California Public Utilities Code 28508
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: as used in this chapter , means a district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Public Resources Code 49100
  • Donor: The person who makes a gift.
  • Enhanced behavioral supports home: means a facility certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal act: means the Clean Air Act (42 U. See California Health and Safety Code 39655
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foster child: means a person under 19 years of age who has been placed in the care and supervision of licensed foster parents or, on and after January 1, 2019, a resource family, as defined in Section 16519. See California Health and Safety Code 1527
  • Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:

    California Health and Safety Code 1502

  • Foster family home: means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. See California Health and Safety Code 1502
  • Foster parent: means the person, and including their spouse if the spouse is a resident of the same household, providing care, custody, and control of a foster child in a licensed foster family home or licensed small family home, as defined in Section 1502, or, on and after January 1, 2019, a resource family, as defined in Section 16519. See California Health and Safety Code 1527
  • Full-service adoption agency: means any licensed entity engaged in the business of providing adoption services, that does all of the following:

    California Health and Safety Code 1502

  • fund: shall mean the CAL-FIRE Infrastructure Projects Revolving Fund. See California Public Resources Code 4050
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Group home: means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. See California Health and Safety Code 1502
  • Group home for children with special health care needs: means a group home certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
  • local public agency: means a city, county, special district, school district, community college district, chartered city, or chartered city and county. See California Health and Safety Code 1508
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Motor vehicle: means an automobile, motorcycle, moped, midget automobile, including the type commonly referred to as a kart, go-kart, speedmobile, or by a comparable name whether commercially built or otherwise, trailer or semitrailer designed for travel on public roads, including any machinery or apparatus attached thereto, or snowmobile. See California Health and Safety Code 1527
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Noncustodial adoption agency: means any licensed entity engaged in the business of providing adoption services, that does all of the following:

    California Health and Safety Code 1502

  • Oath: includes affirmation. See California Financial Code 16
  • Occurrence: means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or personal injury neither expected nor intended by the foster parent. See California Health and Safety Code 1527
  • Office: means the Office of Environmental Health Hazard Assessment. See California Health and Safety Code 39655
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • open-end credit program: means a licensee's plan for making open-end loans pursuant to a loan agreement that sets forth the terms and conditions governing the use of the open-end credit program, expressly states that the loan is made pursuant to this article, and provides that:

    California Financial Code 22450

  • Owner: includes any individual, partnership, corporation, or association. See California Public Resources Code 4712
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Personal injury: means any injury to the feelings or reputation of any person or organization arising out of libel, slander, defamation, or disparagement, wrongful eviction, or entry. See California Health and Safety Code 1527
  • Personal property: All property that is not real property.
  • Pesticide: means any economic poison as defined in Section 12753 of the Food and Agricultural Code. See California Health and Safety Code 39655
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private alternative boarding school: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • Private alternative outdoor program: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Public agency: as used in this part , includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this State. See California Public Utilities Code 28509
  • Rapid transit: as used in this part , means the transportation of passengers and their incidental baggage by any means. See California Public Utilities Code 28505
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Residential facility: means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • San Francisco Bay area: as used in this part , means the Counties of San Francisco, Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara and San Mateo. See California Public Utilities Code 28504
  • Short-term residential therapeutic program: means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562. See California Health and Safety Code 1502
  • Small family home: means any residential facility, in the licensee's family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. See California Health and Safety Code 1502
  • Social rehabilitation facility: means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. See California Health and Safety Code 1502
  • social work personnel: means supervising social workers and nonsupervisory social workers. See California Health and Safety Code 1506
  • special permit: means a permit issued by the state department authorizing a community care facility to offer specialized services as designated by the director in regulations. See California Health and Safety Code 1504
  • specified amount: means five thousand dollars ($5,000). See California Financial Code 22551
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Health and Safety Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Public Resources Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • state department: means the State Department of Social Services. See California Health and Safety Code 1502
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Toxic air contaminant: means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. See California Health and Safety Code 39655
  • Transitional housing placement provider: means an organization licensed by the department pursuant to Section 1559. See California Health and Safety Code 1502
  • Transitional shelter care facility: means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • uncontrolled fire: as used in this division , means any fire which threatens to destroy life, property, or resources and either: (1) is unattended by any person. See California Public Resources Code 4104
  • Verdict: The decision of a petit jury or a judge.
  • Watercraft: includes , but is not limited to, any boat, ship, raft, or canoe, whether motorized or not. See California Health and Safety Code 1527
  • Youth homelessness prevention center: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502