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- California Health and Safety Code Section 1
This act shall be known as the Health and Safety Code.
- California Health and Safety Code Section 2
The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall...
- California Health and Safety Code Section 3
All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued...
- California Health and Safety Code Section 4
Any action or proceeding commenced before this code takes effect, and any right accrued, is not affected by this code, but all procedure thereafter taken...
- California Health and Safety Code Section 5
Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code.
- California Health and Safety Code Section 6
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
- California Health and Safety Code Section 7
Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be...
- California Health and Safety Code Section 8
Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized...
- California Health and Safety Code Section 9
Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and...
- California Health and Safety Code Section 10
"Section" means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term...
- California Health and Safety Code Section 11
The present tense includes the past and future tenses; and the future, the present.
- California Health and Safety Code Section 12
The masculine gender includes the feminine and neuter.
- California Health and Safety Code Section 13
The singular number includes the plural, and the plural the singular.
- California Health and Safety Code Section 14
"County" includes city and county.
- California Health and Safety Code Section 15
Unless expressly otherwise provided, any notice required to be given to any person by any provision of this code may be given by mailing notice,...
- California Health and Safety Code Section 16
"Shall" is mandatory and "may" is permissive.
- California Health and Safety Code Section 17
"Oath" includes affirmation.
- California Health and Safety Code Section 18
"Signature" or "subscription" includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a...
- California Health and Safety Code Section 19
"Person" means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.
- California Health and Safety Code Section 20
"State department" or "department" means State Department of Health Services. Commencing July 1, 2007, any reference to the former State Department of Health Services regarding...
- California Health and Safety Code Section 21
"Director" means "State Director of Health Services." Commencing July 1, 2007, any reference to the former State Director of Health Services regarding a function vested...
- California Health and Safety Code Section 22
"Board" or "State Board of Public Health" means "State Department of Health Services," with respect to regulatory functions heretofore performed by the State Board of...
- California Health and Safety Code Section 23
"State" means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of...
- California Health and Safety Code Section 24
If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the...
- California Health and Safety Code Section 25
Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations...
- California Health and Safety Code Section 27
For purposes of this code: (a) "Communicable Disease Prevention and Control Act" means Sections 104730, 104830 to 104860, inclusive, 113150, 113155, Part 1 (commencing with...
- California Health and Safety Code Section 28
For the purposes of this code, "recycled water" or "reclaimed water" has the same meaning as recycled water as defined in subdivision (n) of Section...
- California Health and Safety Code Section 130
(a) In order to carry out the intention of the People of California that, excepting emergency medical care as required by federal law, only citizens...
- California Health and Safety Code Section 135
The Office of Women's Health is hereby established within the State Department of Health Care Services. For purposes of this chapter, "office" means the Office...
- California Health and Safety Code Section 136
(a) The California Health and Human Services Agency shall establish an interagency task force on women's health composed of representatives of the State Department of...
- California Health and Safety Code Section 137
(a) The office shall develop a coordinated state strategy for addressing the health related needs of women. (b) The approved programmatic costs of the office...
- California Health and Safety Code Section 138
The office may do any of the following on behalf of the State Department of Health Care Services and the State Department of Public Health...
- California Health and Safety Code Section 138.4
(a) The State Department of Health Care Services and the State Department of Public Health shall place priority on providing information to consumers, patients, and...
- California Health and Safety Code Section 138.6
(a) The department shall include in any literature that it produces regarding breast cancer information that shall include, but not be limited to, all of...
- California Health and Safety Code Section 150
The Legislature finds and declares all of the following: (a) The health status of California's racial and ethnic communities is poor relative to the health...
- California Health and Safety Code Section 151
(a) The Office of Multicultural Health is hereby established within the State Department of Public Health. The approved programmatic costs of the Office of Multicultural...
- California Health and Safety Code Section 152
(a) The office shall do all of the following on behalf of the State Department of Health Care Services and the State Department of Public...
- California Health and Safety Code Section 416
The Director of Developmental Services may be appointed as either guardian or conservator of the person and estate, or person or estate, of any developmentally...
- California Health and Safety Code Section 416.1
Unless exceptions are expressly made in this article, the provisions of Division 4 (commencing with Section 1400) of the Probate Code shall apply to guardianship...
- California Health and Safety Code Section 416.5
The director may be nominated by any one of the following to act as guardian or conservator for any developmentally disabled person; (1) who is...
- California Health and Safety Code Section 416.6
In every case in which he has agreed to do so, the director may petition for his appointment to act as conservator or guardian of...
- California Health and Safety Code Section 416.7
If the alleged developmentally disabled person is within the state and is able to attend, he shall be present at the hearing. If he is...
- California Health and Safety Code Section 416.8
In addition to the requirements of Division 4 (commencing with Section 1400) of the Probate Code, the court shall be provided by the regional center...
- California Health and Safety Code Section 416.9
The court may appoint the Director of Developmental Services as guardian or conservator of the person and estate or person or estate of a minor...
- California Health and Safety Code Section 416.95
Prior to the appointment of the Director of Developmental Services as guardian or conservator of the person or estate of a minor or adult developmentally...
- California Health and Safety Code Section 416.10
No appointment of both the Director of Developmental Services and a private guardian or conservator shall be made for the same person and estate, or...
- California Health and Safety Code Section 416.11
No costs or fees shall be charged or received by the county clerk for the filing of any conservatorship or guardianship petition as provided in...
- California Health and Safety Code Section 416.12
The Director of Developmental Services shall file an official bond in no event less than twenty-five thousand dollars ($25,000), which bond shall inure to the...
- California Health and Safety Code Section 416.13
The appointment by the court of the Director of Developmental Services as conservator or guardian shall be by the title of his office. The authority...
- California Health and Safety Code Section 416.14
The Director of Developmental Services shall: (a) Consult with developmentally disabled persons and their families with respect to the services the director offers. (b) Act...
- California Health and Safety Code Section 416.15
The Director of Developmental Services, when acting as adviser, may provide advice and guidance to the developmentally disabled person without prior appointment by a court....
- California Health and Safety Code Section 416.16
The Director of Developmental Services shall have the same powers and duties as those established for guardians and conservators in Division 4 (commencing with Section...
- California Health and Safety Code Section 416.17
It is the intent of this article that the director when acting as guardian or conservator of the person of a developmentally disabled person through...
- California Health and Safety Code Section 416.18
The director shall provide for at least an annual review in writing of the physical, mental, and social condition of each developmentally disabled person for...
- California Health and Safety Code Section 416.19
The services to be rendered by the director as adviser or as guardian or conservator of the person shall be performed through the regional centers...
- California Health and Safety Code Section 416.20
The director shall receive such reasonable fees for his services as guardian or conservator of the estate as the court allows and such fees shall...
- California Health and Safety Code Section 416.23
This article does not authorize the care, treatment, or supervision or any control over any developmentally disabled person without the written consent of his parent...
- California Health and Safety Code Section 425
The State Department of Health Services shall submit to the State Air Resources Board recommendations for ambient air quality standards reflecting the relationship between the...
- California Health and Safety Code Section 429.997
Notwithstanding any provision of state law, and unless prohibited by federal law, a county may eliminate or consolidate any health advisory boards that are required...
- California Health and Safety Code Section 439.900
This act shall be known and may be cited as the Health Research Fairness Act.
- California Health and Safety Code Section 439.901
The Legislature finds and declares all of the following: (a) The National Institutes of Health (NIH), the nation's major source of funding for medical research...
- California Health and Safety Code Section 439.902
(a) On or before June 30, 1992, state agencies shall adopt, and it is the intent of the Legislature that the Regents of the University...
- California Health and Safety Code Section 439.903
State agencies shall, and it is the intent of the Legislature that the University of California: (a) Provide special opportunities for funding research projects devoted...
- California Health and Safety Code Section 439.904
(a) State agencies and the University of California shall report, consistent with available data, on the extent to which state funds administered by those agencies...
- California Health and Safety Code Section 439.905
It is the intent of the Legislature to encourage research on the effectiveness of RU-486 (mifepristone) in treating breast and ovarian cancer, meningioma, endometriosis, Cushing's...
- California Health and Safety Code Section 439.906
For purposes of this part, "state agency" has the same meaning as defined in Section 11000 of the Government Code.
- California Health and Safety Code Section 440.10
"Health facility," as used in this chapter, means any general acute care hospital required to be licensed pursuant to Chapter 2 (commencing with Section 1250)...
- California Health and Safety Code Section 440.20
Within seven days after completion of the patient's itemized bill, every health facility shall provide to the primary attending health care practitioner a copy, upon...
- California Health and Safety Code Section 440.30
The primary attending health care practitioner's written request to the health facility shall specify the records to be copied pursuant to Section 440.20 and shall...
- California Health and Safety Code Section 440.40
The primary attending health care practitioner shall obtain prior written consent from each patient for whom a billing is requested, authorizing the release of the...
- California Health and Safety Code Section 440.50
No information, other than the itemized billing set forth in Section 440.20, that is prohibited from being released by any other provision of law shall...
- California Health and Safety Code Section 442
For the purposes of this part, the following definitions shall apply: (a) "Actively dying" means the phase of terminal illness when death is imminent. (b)...
- California Health and Safety Code Section 442.5
When a health care provider makes a diagnosis that a patient has a terminal illness, the health care provider shall, upon the patient's request, provide...
- California Health and Safety Code Section 442.7
If a health care provider does not wish to comply with his or her patient's request for information on end-of-life options, the health care provider...
- California Health and Safety Code Section 445
No person, firm, partnership, association or corporation, or agent or employee thereof, shall for profit refer or recommend a person to a physician, hospital, health-related...
- California Health and Safety Code Section 851
Any board of supervisors may adopt such rules and regulations with regard to keeping and storing of every description of gunpowder, hercules powder, giant powder,...
- California Health and Safety Code Section 475
(a) (1) The State Department of Health Services shall establish a permanent Office of Binational Border Health to facilitate cooperation between health officials and health...
- California Health and Safety Code Section 900
There is hereby created the Children's Environmental Health Center within the Environmental Protection Agency. The primary purposes of the center shall include all of the...
- California Health and Safety Code Section 901
(a) As used in this section: (1) "Center" means the Children's Environmental Health Center established pursuant to Section 900. (2) "Office" means the Office of...
- California Health and Safety Code Section 1179
The Legislature finds and declares all of the following: (a) Outside of California's four major metropolitan areas, the majority of the state is rural. In...
- California Health and Safety Code Section 1179.1
(a) The Secretary of the Health and Welfare Agency shall establish an Office of Rural Health, or an alternative organizational structure, in one of the...
- California Health and Safety Code Section 1179.3
(a) (1) The Office of Statewide Health Planning and Development shall develop and administer a competitive grants program for projects located in rural areas of...
- California Health and Safety Code Section 1179.6
(a) (1) In order to provide improved delivery of services to the families of agricultural workers, the State Department of Health Services shall review and...
- California Health and Safety Code Section 1179.10
This part shall be known and may be cited as the Children' s Hospital Bond Act of 2004.
- California Health and Safety Code Section 1179.11
As used in this part, the following terms have the following meanings: (a) "Authority" means the California Health Facilities Financing Authority established pursuant to Section...
- California Health and Safety Code Section 1179.20
The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children's Hospital Fund, which is hereby created.
- California Health and Safety Code Section 1179.21
The purpose of the Children's Hospital Program is to improve the health and welfare of California's critically ill children, by providing a stable and ready...
- California Health and Safety Code Section 1179.22
The authority is authorized to award grants to any children's hospital for purposes of funding projects, as defined in subdivision (g) of Section 1179.11.
- California Health and Safety Code Section 1179.23
(a) Twenty percent of the total funds available for grants pursuant to this part shall be awarded to children's hospitals as defined in paragraph (1)...
- California Health and Safety Code Section 1179.24
(a) The authority shall develop a written application for the awarding of grants under this part within 90 days of the adoption of this act....
- California Health and Safety Code Section 1179.25
The Bureau of State Audits may conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent...
- California Health and Safety Code Section 1179.30
Bonds in the total amount of seven hundred fifty million dollars ($750,000,000), not including the amount of any refunding bonds, may be issued and sold...
- California Health and Safety Code Section 1179.31
The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter...
- California Health and Safety Code Section 1179.32
(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this...
- California Health and Safety Code Section 1179.33
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out...
- California Health and Safety Code Section 1179.34
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to...
- California Health and Safety Code Section 1179.35
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from the General Fund in the State Treasury, for the purposes of this...
- California Health and Safety Code Section 1179.36
For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to...
- California Health and Safety Code Section 1179.37
All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall...
- California Health and Safety Code Section 1179.38
Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond...
- California Health and Safety Code Section 1179.39
The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of...
- California Health and Safety Code Section 1179.40
The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title...
- California Health and Safety Code Section 1179.41
Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this part that...
- California Health and Safety Code Section 1179.42
The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this part are not "proceeds of taxes"...
- California Health and Safety Code Section 1179.43
Notwithstanding any other provision of this part, the provisions of this part are severable. If any provision of this part or its application is held...
- California Health and Safety Code Section 1179.50
(a) This part shall be known and may be cited as the Children's Hospital Bond Act of 2008. (b) California's network of regional children's hospitals...
- California Health and Safety Code Section 1179.51
As used in this part, the following terms have the following meanings: (a) "Authority" means the California Health Facilities Financing Authority established pursuant to Section...
- California Health and Safety Code Section 1179.53
The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children's Hospital Bond Act Fund, which is hereby created.
- California Health and Safety Code Section 1179.54
The purpose of the Children's Hospital Program is to improve the health and welfare of California's critically ill children, by providing a stable and ready...
- California Health and Safety Code Section 1179.55
The authority is authorized to award grants to any children's hospital for purposes of funding projects, as defined in subdivision (g) of Section 1179.51.
- California Health and Safety Code Section 1179.56
(a) Twenty percent of the total funds available for grants pursuant to this part shall be awarded to children's hospitals as defined in paragraph (1)...
- California Health and Safety Code Section 1179.57
(a) The authority shall develop a written application for the awarding of grants under this part within 90 days of the adoption of this act....
- California Health and Safety Code Section 1179.58
The Bureau of State Audits may conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent...
- California Health and Safety Code Section 1179.59
Bonds in the total amount of nine hundred eighty million dollars ($980,000,000), not including the amount of any refunding bonds, may be issued and sold...
- California Health and Safety Code Section 1179.60
The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter...
- California Health and Safety Code Section 1179.61
(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this...
- California Health and Safety Code Section 1179.62
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out...
- California Health and Safety Code Section 1179.63
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to...
- California Health and Safety Code Section 1179.64
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from the General Fund in the State Treasury, for the purposes of this...
- California Health and Safety Code Section 1179.65
For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to...
- California Health and Safety Code Section 1179.66
All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall...
- California Health and Safety Code Section 1179.67
Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond...
- California Health and Safety Code Section 1179.68
The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim...
- California Health and Safety Code Section 1179.69
The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title...
- California Health and Safety Code Section 1179.70
Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this part that...
- California Health and Safety Code Section 1179.71
The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this part are not "proceeds of taxes"...
- California Health and Safety Code Section 1179.72
Notwithstanding any other provision of this part, the provisions of this part are severable. If any provision of this part or its application is held...
- California Health and Safety Code Section 1180
(a) The California Health and Human Services Agency, in accordance with their mission, shall provide the leadership and coordination necessary to reduce the use of...
- California Health and Safety Code Section 1180.1
For purposes of this division, the following definitions apply: (a) "Behavioral restraint" means "mechanical restraint" or "physical restraint" as defined in this section, used as...
- California Health and Safety Code Section 1180.2
(a) This section shall apply to the state hospitals operated by the State Department of Mental Health and facilities operated by the State Department of...
- California Health and Safety Code Section 1180.3
(a) This section shall apply to psychiatric units of general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities,...
- California Health and Safety Code Section 1180.4
(a) A facility described in subdivision (a) of Section 1180.2 or subdivision (a) of Section 1180.3 shall conduct an initial assessment of each person prior...
- California Health and Safety Code Section 1180.5
(a) A facility described in subdivision (a) of Section 1180.2 or subdivision (a) of Section 1180.3 shall conduct a clinical and quality review for each...
- California Health and Safety Code Section 1180.6
The State Department of Health Services, the State Department of Mental Health, the State Department of Social Services, and the State Department of Developmental Services...
- California Health and Safety Code Section 1200
(a) As used in this chapter, "clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or...
- California Health and Safety Code Section 1200.1
(a) As used in this chapter, "clinic" also means an organized outpatient health facility which, pursuant to Section 1204.1, provides direct psychological advice, services, or...
- California Health and Safety Code Section 1201
"License" means a basic permit to operate a clinic. A license may only be granted to a clinic of a type enumerated in Section 1204...
- California Health and Safety Code Section 1201.5
"Nonprofit speech and hearing center" means a nonprofit agency which provides an integrated program of speech pathology and audiology services in an outpatient setting designed...
- California Health and Safety Code Section 1202
"Special permit" means a permit issued in addition to a license authorizing the clinic to offer one or more special services, as defined in Section...
- California Health and Safety Code Section 1203
"Special service" means a functional division, department, or unit of a clinic, or a clinic that is organized, staffed, and equipped to provide a specific...
- California Health and Safety Code Section 1204
Clinics eligible for licensure pursuant to this chapter are primary care clinics and specialty clinics. (a) (1) Only the following defined classes of primary care...
- California Health and Safety Code Section 1204.1
In addition to the primary care clinics and specialty clinics specified in Section 1204, clinics eligible for licensure pursuant to this chapter include psychology clinics....
- California Health and Safety Code Section 1204.3
(a) An alternative birth center that is licensed as an alternative birth center specialty clinic pursuant to paragraph (4) of subdivision (b) of Section 1204...
- California Health and Safety Code Section 1204.4
The State Department of Health Services shall provide information to the California Health Facilities Financing Authority with respect to primary care clinic grant applicants for...
- California Health and Safety Code Section 1204.5
Primary care clinics may submit verification of Joint Commission on Accreditation of Healthcare Organization (JCAHO) certification to the Licensing and Certification Division within the State...
- California Health and Safety Code Section 1205
Except as provided in Section 1206, no person, firm, partnership, association, corporation, or public agency shall operate, establish, manage, conduct or maintain a clinic in...
- California Health and Safety Code Section 1205.5
A clinic that has been verified by the Licensing and Certification Division of the State Department of Health Services and the Office of Statewide Health...
- California Health and Safety Code Section 1206
This chapter does not apply to the following: (a) Except with respect to the option provided with regard to surgical clinics in paragraph (1) of...
- California Health and Safety Code Section 1206.1
The provisions of this chapter do not require licensure of any place or establishment owned or leased and operated as a clinic or office by...
- California Health and Safety Code Section 1207
The state department shall inspect and license clinics, and shall inspect and approve clinics to offer special services.
- California Health and Safety Code Section 1208
The state department may provide consulting services upon request to any clinic to assist in the identification or correction of deficiencies or the upgrading of...
- California Health and Safety Code Section 1209
This chapter does not authorize any person other than a licensed practitioner of a healing art, or any corporation except charitable or professional corporations as...
- California Health and Safety Code Section 1212
(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of...
- California Health and Safety Code Section 1213
A person, firm, association, partnership, corporation, or other legal entity desiring a license for a clinic shall be exempt from the requirements of Chapter 2...
- California Health and Safety Code Section 1214
Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit shall be accompanied by a Licensing...
- California Health and Safety Code Section 1214.1
Notwithstanding the provisions of Section 1214, each application for a surgical clinic or a chronic dialysis clinic under this chapter for an initial license, renewal...
- California Health and Safety Code Section 1214.5
Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit for a psychology clinic shall be...
- California Health and Safety Code Section 1215
Each new license issued pursuant to this chapter shall expire 12 months from the date of its issuance, and each special permit shall expire on...
- California Health and Safety Code Section 1216
(a) Every clinic holding a license shall, on or before the 15th day of February each year, file with the Office of Statewide Health Planning...
- California Health and Safety Code Section 1217
(a) An applicant for a license to operate a primary care clinic, as specified in subdivision (a) of Section 1204 that meets all requirements for...
- California Health and Safety Code Section 1218
Upon the filing of an application for a license or for a special permit, or for renewal of a license or special permit, the state...
- California Health and Safety Code Section 1218.1
(a) A clinic corporation on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately...
- California Health and Safety Code Section 1218.2
Notwithstanding any other provision of law, two or more primary care clinics that are operated by a single nonprofit corporation shall be entitled to consolidate...
- California Health and Safety Code Section 1218.3
(a) In order to reduce paperwork, eliminate errors, and streamline communications between the department and licensed primary care clinics, a clinic corporation that operates one...
- California Health and Safety Code Section 1219
(a) Except for affiliate clinics, as defined in Section 1218.1, if a clinic or an applicant for a license has not been previously licensed, the...
- California Health and Safety Code Section 1219.1
(a) The state department may issue a provisional license to a clinic if: (1) The clinic and the applicant for licensure substantially meet the standards...
- California Health and Safety Code Section 1220
Immediately upon the denial of any application for a license or special permit or a renewal thereof, the state department shall notify the applicant in...
- California Health and Safety Code Section 1221
For purposes of this article, the following definitions shall apply: (a) "Centralized applications unit" means the centralized applications unit in the Licensing and Certification Division...
- California Health and Safety Code Section 1221.05
Commencing July 1, 2002, all new applications for licenses for clinics shall be reviewed by the centralized applications unit.
- California Health and Safety Code Section 1221.09
Commencing January 1, 2002, the centralized applications unit shall work with organizations that are among and advocate on behalf of, clinics to streamline application forms...
- California Health and Safety Code Section 1221.11
Commencing January 1, 2002, a telephone number shall be provided for applicants to verify receipt of their application by the Licensing and Certification Division.
- California Health and Safety Code Section 1221.13
All new applications submitted to the centralized applications unit shall be reviewed within two weeks for completeness. The centralized applications unit shall resolve minor issues...
- California Health and Safety Code Section 1221.15
(a) Commencing January 1, 2002, the Licensing and Certification Division shall designate at least one surveyor in each of the four regions to specialize in...
- California Health and Safety Code Section 1221.17
The Licensing and Certification Program training unit shall work with organizations that are among and advocate on behalf of clinics and other stakeholders to develop...
- California Health and Safety Code Section 1221.19
The centralized applications unit and regional offices shall be routinely reviewed by the department beginning January 31, 2003, to determine if applications for clinic licenses...
- California Health and Safety Code Section 1222
The department shall, on or before July 1, 2005, implement a process that allows an applicant for licensure as a primary care clinic, as defined...
- California Health and Safety Code Section 1225
The state department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 4.5 (commencing with Section 11371) of Part...
- California Health and Safety Code Section 1226
(a) The regulations shall prescribe the kinds of services which may be provided by clinics in each category of licensure and shall prescribe minimum standards...
- California Health and Safety Code Section 1226.1
(a) A primary care clinic shall comply with the following requirements regarding health examinations and other public health protections for individuals working in a primary...
- California Health and Safety Code Section 1226.2
The Community Clinics Advisory Committee provided for in subdivision (b) of Section 1226 shall meet on an ad hoc basis and shall be comprised of...
- California Health and Safety Code Section 1226.3
A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision (b) of...
- California Health and Safety Code Section 1226.5
(a) It is the intent of the Legislature to establish seismic safety standards for facilities licensed as surgical clinics pursuant to this chapter, and for...
- California Health and Safety Code Section 1227
Any duly authorized officer, employee, or agent of the state department may upon presentation of proper identification, enter and inspect any building or premises at...
- California Health and Safety Code Section 1228
(a) Except as provided in subdivision (c), every clinic for which a license or special permit has been issued shall be periodically inspected. The frequency...
- California Health and Safety Code Section 1229
The state department shall notify any clinic of all deficiencies in its compliance with the provisions of this chapter or the rules and regulations adopted...
- California Health and Safety Code Section 1229.1
No notification of deficiency, civil or criminal penalty, fine, sanction, or denial, suspension, or revocation of licensure, may be imposed against a primary care clinic,...
- California Health and Safety Code Section 1230
Reports on the results of each inspection shall be kept on file in the state department along with the plan of correction and clinic comments....
- California Health and Safety Code Section 1231
(a) All clinics shall maintain compliance with the licensing requirements. These requirements shall not, however, prohibit the use of alternate concepts, methods, procedures, techniques, space,...
- California Health and Safety Code Section 1231.5
The department may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the...
- California Health and Safety Code Section 1232
No clinic which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such clinic, shall require the individual upon...
- California Health and Safety Code Section 1233
A surgical clinic may restrict use of its facilities to members of the medical staff of the surgical clinic and other physicians and surgeons approved...
- California Health and Safety Code Section 1233.5
By June 30, 1995, a licensed clinic board of directors and its medical director shall establish and adopt written policies and procedures to screen patients...
- California Health and Safety Code Section 1234
(a) Smoking shall not be permitted in patient areas of a clinic except those rooms designated for occupancy exclusively by smokers. (b) Clearly legible signs...
- California Health and Safety Code Section 1235
(a) Except as provided in subdivision (b), any person who violates any of the provisions of this chapter or who willfully or repeatedly violates any...
- California Health and Safety Code Section 1236
The director may bring an action to enjoin the violation or threatened violation of Section 1205 in the superior court in and for the county...
- California Health and Safety Code Section 1237
Any action brought by the director against a clinic shall not abate by reason of a sale or other transfer of ownership of the facility...
- California Health and Safety Code Section 1238
The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution of any action...
- California Health and Safety Code Section 1240
The state department may suspend or revoke any license or special permit issued under the provisions of this chapter upon any of the following grounds...
- California Health and Safety Code Section 1241
Proceedings for the suspension, revocation, or denial of licenses or special permits under this chapter shall be conducted in accordance with the provisions of Chapter...
- California Health and Safety Code Section 1242
The director may temporarily suspend any license issued to a specialty clinic or special permit prior to any hearing, when in his opinion such action...
- California Health and Safety Code Section 1243
The withdrawal of an application for a license or a special permit after it has been filed with the state department, shall not, unless the...
- California Health and Safety Code Section 1244
Any license or special permit revoked pursuant to this chapter may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
- California Health and Safety Code Section 1245
Any licensee or holder of a special permit may, with the approval of the state department, surrender his license or special permit for suspension by...
- California Health and Safety Code Section 1248
For purposes of this chapter, the following definitions shall apply: (a) "Division" means the Medical Board of California. All references in this chapter to the...
- California Health and Safety Code Section 1248.1
No association, corporation, firm, partnership, or person shall operate, manage, conduct, or maintain an outpatient setting in this state, unless the setting is one of...
- California Health and Safety Code Section 1248.15
(a) The board shall adopt standards for accreditation and, in approving accreditation agencies to perform accreditation of outpatient settings, shall ensure that the certification program...
- California Health and Safety Code Section 1248.2
(a) Any outpatient setting may apply to an accreditation agency for a certificate of accreditation. Accreditation shall be issued by the accreditation agency solely on...
- California Health and Safety Code Section 1248.25
If an outpatient setting does not meet the standards approved by the board, accreditation shall be denied by the accreditation agency, which shall provide the...
- California Health and Safety Code Section 1248.3
(a) Certificates of accreditation issued to outpatient settings by an accreditation agency shall be valid for not more than three years. (b) The outpatient setting...
- California Health and Safety Code Section 1248.35
(a) Every outpatient setting which is accredited shall be inspected by the accreditation agency and may also be inspected by the Medical Board of California....
- California Health and Safety Code Section 1248.4
(a) It is the intent of the Legislature that an accreditation agency operating on or before January 1, 1995, or a successor thereof, or an...
- California Health and Safety Code Section 1248.5
The board shall evaluate the performance of an approved accreditation agency no less than every three years, or in response to complaints against an agency,...
- California Health and Safety Code Section 1248.55
(a) If the accreditation agency is not meeting the criteria set by the division, the division may terminate approval of the agency. (b) Before terminating...
- California Health and Safety Code Section 1248.6
(a) The Division of Licensing shall establish by regulation a reasonable fee for an application for approval as an accreditation agency in an amount that...
- California Health and Safety Code Section 1248.65
It shall constitute unprofessional conduct for a physician and surgeon to willfully and knowingly violate this chapter.
- California Health and Safety Code Section 1248.7
(a) The board shall investigate all complaints concerning a violation of this chapter. With respect to any complaints relating to a violation of Section 1248.1,...
- California Health and Safety Code Section 1248.75
(a) Except as may otherwise be provided in this section, before the Division of Medical Quality may seek an injunction as provided under Section 1248.7,...
- California Health and Safety Code Section 1248.8
(a) Any person or entity that willfully violates this chapter or any rule or regulation adopted under this chapter shall be guilty of a misdemeanor...
- California Health and Safety Code Section 1248.85
This chapter shall not preclude an approved accreditation agency from adopting additional standards consistent with Section 1248.15, establishing procedures for the conduct of onsite inspections,...
- California Health and Safety Code Section 1250
As used in this chapter, "health facility" means any facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and...
- California Health and Safety Code Section 1250.02
Article 9 (commencing with Section 70901) of Chapter 1 of Division 5 of Title 22 of the California Code of Regulations, as adopted to implement...
- California Health and Safety Code Section 1250.03
A rural general acute care hospital that does not provide surgical and anesthesia services shall maintain written transfer agreements with one or more general acute...
- California Health and Safety Code Section 1250.05
(a) All general acute care hospitals licensed under this chapter shall maintain a medical records system, based upon current standards for medical record retrieval and...
- California Health and Safety Code Section 1250.1
(a) The state department shall adopt regulations that define all of the following bed classifications for health facilities: (1) General acute care. (2) Skilled nursing....
- California Health and Safety Code Section 1250.2
(a) As defined in Section 1250, "health facility" includes a "psychiatric health facility," defined to mean a health facility, licensed by the State Department of...
- California Health and Safety Code Section 1250.3
(a) As defined in Section 1250, "health facility" includes the following type: "Chemical dependency recovery hospital" means a health facility that provides 24-hour inpatient care...
- California Health and Safety Code Section 1250.4
(a) As used in this section: (1) "Department" means the Department of Corrections or the Department of the Youth Authority. (2) "Communicable, contagious, or infectious...
- California Health and Safety Code Section 1250.5
"Council" means the Advisory Health Council.
- California Health and Safety Code Section 1250.6
Any requirement placed upon, or reference to, a corporation in this chapter, shall also apply to a limited liability company.
- California Health and Safety Code Section 1250.7
(a) (1) With respect to each hospital designated by the department as a critical access hospital, and certified as such by the Secretary of the...
- California Health and Safety Code Section 1250.8
(a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b),...
- California Health and Safety Code Section 1250.11
The State Department of Health Services shall develop written guidelines and regulations as necessary to minimize the risk of transmission of blood-borne infectious diseases from...
- California Health and Safety Code Section 1251
"License" means a basic permit to operate a health facility with an authorized number and classification of beds. A license shall not be transferable.
- California Health and Safety Code Section 1251.3
A health facility licensed as a general acute care hospital, providing alcohol recovery services, may convert its licensure category to an acute psychiatric hospital and...
- California Health and Safety Code Section 1251.5
A "special permit" is a permit issued in addition to a license, authorizing a health facility to offer one or more of the special services...
- California Health and Safety Code Section 1252
"Special service" means a functional division, department, or unit of a health facility which is organized, staffed and equipped to provide a specific type or...
- California Health and Safety Code Section 1253
(a) No person, firm, partnership, association, corporation, or political subdivision of the state, or other governmental agency within the state shall operate, establish, manage, conduct,...
- California Health and Safety Code Section 1253.1
(a) Any skilled nursing facility or intermediate care facility that on the effective date of this section is providing care for the developmentally disabled may...
- California Health and Safety Code Section 1253.5
(a) The State Department of Public Health, upon issuance and renewal of a license for a general acute care hospital as defined in subdivision (a)...
- California Health and Safety Code Section 1253.6
(a) This section shall govern applications by general acute care hospitals for supplemental services approval for outpatient clinic services. (b) Upon receipt of an initial...
- California Health and Safety Code Section 1254
(a) Except as provided in subdivision (e), the state department shall inspect and license health facilities. The state department shall license health facilities to provide...
- California Health and Safety Code Section 1254.1
(a) The State Department of Mental Health shall license psychiatric health facilities to provide their basic services specified in Section 1250. (b) Any reference in...
- California Health and Safety Code Section 1254.2
(a) The state department, in addition to the licensing duties imposed by Section 1254, shall license chemical dependency recovery hospitals to provide the basic services...
- California Health and Safety Code Section 1254.4
(a) A general acute care hospital shall adopt a policy for providing family or next of kin with a reasonably brief period of accommodation, as...
- California Health and Safety Code Section 1254.5
(a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological, psychological, family, medical,...
- California Health and Safety Code Section 1254.6
(a) A hospital shall provide, free of charge, information and instructional materials regarding sudden infant death syndrome, as described in Section 1596.847, explaining the medical...
- California Health and Safety Code Section 1254.7
(a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists. (b) Every...
- California Health and Safety Code Section 1255
In addition to the basic services offered under the license, a general acute care hospital may be approved in accordance with subdivision (c) of Section...
- California Health and Safety Code Section 1255.1
(a) Any hospital that provides emergency medical services under Section 1255 shall, as soon as possible, but not later than 90 days prior to a...
- California Health and Safety Code Section 1255.2
A health facility implementing a downgrade or change shall make reasonable efforts to ensure that the community served by its facility is informed of the...
- California Health and Safety Code Section 1255.25
(a) (1) Not less than 30 days prior to closing a health facility, as defined in subdivision (a) or (b) of Section 1250, or eliminating...
- California Health and Safety Code Section 1255.3
On or before June 30, 1999, with the state department as the lead agency, the state department and the Emergency Medical Services Authority, in consultation...
- California Health and Safety Code Section 1255.5
For purposes of Section 1255, the following definitions apply: (a) "Cardiac catheterization" includes an intravascular insertion of a catheter into the heart for the primary...
- California Health and Safety Code Section 1255.6
During cardiovascular surgery, a perfusionist, as defined by Chapter 5.67 (commencing with Section 2590) of Division 2 of the Business and Professions Code, shall operate...
- California Health and Safety Code Section 1255.7
(a) (1) For purposes of this section, "safe-surrender site" means either of the following: (A) A location designated by the board of supervisors of a...
- California Health and Safety Code Section 1255.8
(a) For purposes of this section, the following terms have the following meanings: (1) "Colonized" means that a pathogen is present on the patient's body,...
- California Health and Safety Code Section 1256
(a) The use of the name or title "hospital" by any person or persons to identify or represent a facility for the diagnosis, care, and...
- California Health and Safety Code Section 1256.01
(a) The Elective Percutaneous Coronary Intervention (PCI) Pilot Program is hereby established in the department. The purpose of the pilot program is to allow the...
- California Health and Safety Code Section 1256.1
No general acute care hospital shall hold itself out directly or indirectly by any sign, brochure, or advertisement as providing any service or services which...
- California Health and Safety Code Section 1256.2
(a) (1) No general acute care hospital may promulgate policies or implement practices that determine differing standards of obstetrical care based upon a patient's source...
- California Health and Safety Code Section 1257
The state department may delegate to local health departments the authority to verify compliance with the licensing and approval provisions of this chapter, to provide...
- California Health and Safety Code Section 1257.5
(a) All registered nurses, certified nurse assistants, licensed vocational nurses, and physicians working in skilled nursing facilities, as defined in subdivision (c) of Section 1250,...
- California Health and Safety Code Section 1257.7
(a) After July 1, 2010, all hospitals licensed pursuant to subdivisions (a), (b), and (f) of Section 1250 shall conduct, not less than annually, a...
- California Health and Safety Code Section 1257.8
(a) All hospital employees regularly assigned to the emergency department shall receive, by July 1, 1995, and thereafter, on a continuing basis as provided for...
- California Health and Safety Code Section 1257.9
(a) (1) The department shall recommend training for general acute care hospitals, as defined in subdivision (a) of Section 1250, and special hospitals, as defined...
- California Health and Safety Code Section 1258
No health facility which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such health facility, shall require the...
- California Health and Safety Code Section 1259
(a) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The...
- California Health and Safety Code Section 1259.5
By January 1, 1995, each general acute care hospital, acute psychiatric hospital, special hospital, psychiatric health facility, and chemical dependency recovery hospital shall establish written...
- California Health and Safety Code Section 1260
(a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corporation that is subject to Section 5914 of...
- California Health and Safety Code Section 1260.1
(a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corporation that is subject to Section 5920 of...
- California Health and Safety Code Section 1261
(a) A health facility shall allow a patient's domestic partner, the children of the patient's domestic partner, and the domestic partner of the patient's parent...
- California Health and Safety Code Section 1261.3
(a) Notwithstanding any other provision of law, for a patient aged 50 years or older, a registered nurse or licensed pharmacist may administer in a...
- California Health and Safety Code Section 1261.5
(a) The number of oral dosage form or suppository form drugs provided by a pharmacy to a health facility licensed pursuant to subdivision (c) or...
- California Health and Safety Code Section 1261.6
(a) (1) For purposes of this section and Section 1261.5, an "automated drug delivery system" means a mechanical system that performs operations or activities, other...
- California Health and Safety Code Section 1262
(a) When a mental health patient is being discharged from one of the facilities specified in subdivision (c), the patient and the patient's conservator, guardian,...
- California Health and Safety Code Section 1262.4
(a) No hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, may cause the transfer of homeless patients from one county to...
- California Health and Safety Code Section 1262.5
(a) Each hospital shall have a written discharge planning policy and process. (b) The policy required by subdivision (a) shall require that appropriate arrangements for...
- California Health and Safety Code Section 1262.6
(a) Each hospital shall provide each patient, upon admission or as soon thereafter as reasonably practical, written information regarding the patient's right to the following:...
- California Health and Safety Code Section 1262.7
(a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, shall admit a patient only upon a physician's order and only if...
- California Health and Safety Code Section 1262.8
(a) A noncontracting hospital shall not bill a patient who is an enrollee of a health care service plan for poststabilization care, except for applicable...
- California Health and Safety Code Section 1263
(a) This section shall be known and may be cited as the Dementia Training Standards Act of 2001. (b) (1) Any certified nurse assistant employed...
- California Health and Safety Code Section 1264
(a) Any health facility licensed under Section 1250 that provides prenatal screening ultrasound to detect congenital heart defects shall require that the ultrasound be performed...
- California Health and Safety Code Section 1265
Any person, political subdivision of the state, or governmental agency desiring a license for a health facility, approval for a special service under this chapter,...
- California Health and Safety Code Section 1265.1
(a) An application for licensure under this chapter may be denied by the state department if the applicant for a license has been convicted of...
- California Health and Safety Code Section 1265.2
A "crime," within the meaning of this chapter, means a violation of a law or regulation which is substantially related to the qualifications or duties...
- California Health and Safety Code Section 1265.3
(a) For any individual or entity that seeks approval to operate or manage a health facility licensed pursuant to subdivision (a), (b), or (f) of...
- California Health and Safety Code Section 1265.4
(a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall employ a full-time, part-time, or...
- California Health and Safety Code Section 1265.5
(a) (1) Prior to the initial licensure or renewal of a license of any person or persons to operate or manage an intermediate care facility/developmentally...
- California Health and Safety Code Section 1265.6
Notwithstanding any other provision of law, a registered nurse within his or her scope of practice may require direct care staff in an intermediate care...
- California Health and Safety Code Section 1265.7
(a) (1) The state department shall adopt regulations for the licensure of congregate living health facilities. The regulations shall include minimum standards of adequacy, safety,...
- California Health and Safety Code Section 1265.8
In addition to the requirements of this chapter, any person, political subdivision of the state, or governmental agency desiring a license for a health facility...
- California Health and Safety Code Section 1266
(a) The Licensing and Certification Division shall be supported entirely by federal funds and special funds by no earlier than the beginning of the 2009-10...
- California Health and Safety Code Section 1266.1
(a) Each new or renewal application for a license for a psychiatric health facility shall be accompanied by a fee equal in amount to the...
- California Health and Safety Code Section 1266.5
(a) Whenever any entity required to pay fees pursuant to Section 1266 continues to operate beyond its license expiration date, without the Licensing and Certification...
- California Health and Safety Code Section 1266.7
The annual Licensing and Certification Program fee for a congregate living health facility shall be set in accordance with Section 1266.
- California Health and Safety Code Section 1266.9
There is hereby created in the State Treasury the State Department of Public Health Licensing and Certification Program Fund. The revenue collected in accordance with...
- California Health and Safety Code Section 1266.10
The amount of three million two hundred four thousand three hundred seventy dollars ($3,204,370) is appropriated from the General Fund to the State Department of...
- California Health and Safety Code Section 1266.12
(a) The annual Licensing and Certification Program fee for a skilled nursing facility, intermediate care facility, general acute care hospital, acute psychiatric hospital, special hospital,...
- California Health and Safety Code Section 1267
(a) (1) Each license issued pursuant to this chapter shall expire 12 months from the date of its issuance and each special permit shall expire...
- California Health and Safety Code Section 1267.5
(a) (1) Each applicant for a license to operate a skilled nursing facility or intermediate care facility shall disclose to the state department the name...
- California Health and Safety Code Section 1267.7
The State Department of Health Services and the State Department of Developmental Services shall jointly develop and implement licensing and Medi-Cal regulations appropriate to intermediate...
- California Health and Safety Code Section 1267.8
(a) An intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled--nursing or a congregate living health facility shall meet the same fire safety...
- California Health and Safety Code Section 1267.9
(a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of intermediate care facilities/development ally disabled habilitative, intermediate care...
- California Health and Safety Code Section 1267.11
Each intermediate care facility/developmentally disabled-habilitative shall designate direct care staff persons to supervise the direct care services to clients for at least 56 hours per...
- California Health and Safety Code Section 1267.12
No person shall be admitted, or accepted for care, or discharged, by a congregate living health facility except upon the order of a physician and...
- California Health and Safety Code Section 1267.13
Pursuant to paragraph (3) of subdivision (a) and subdivision (b) of Section 1265.7, this section shall be effective until the adoption of permanent regulations. Notwithstanding,...
- California Health and Safety Code Section 1267.15
Congregate living health facilities shall be freestanding, but this does not preclude their location on the premises of a hospital. Congregate living health facilities shall...
- California Health and Safety Code Section 1267.16
(a) A congregate living health facility which serves six or fewer persons shall be considered a residential use of property for purposes of any zoning...
- California Health and Safety Code Section 1267.17
Each congregate living health facility shall conspicuously post the license, or a true copy thereof in a location accessible to public view.
- California Health and Safety Code Section 1267.19
Congregate living health facilities shall not be subject to architectural plan review by the Office of Statewide Health Planning and Development. As part of the...
- California Health and Safety Code Section 1268
(a) Upon the filing of the application for licensure or for a special permit for special services and full compliance with this chapter and the...
- California Health and Safety Code Section 1268.5
(a) Notwithstanding the provisions of Section 1268 requiring full compliance with this chapter and the rules and regulations of the state department as a condition...
- California Health and Safety Code Section 1268.6
(a) Commencing October 1, 2011, as a requirement of initial licensure of an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, the applicant...
- California Health and Safety Code Section 1269
Immediately upon the denial of any application for a license or for a special permit for special services, the state department shall notify the applicant...
- California Health and Safety Code Section 1270
The provisions of this chapter do not apply to the following institutions: (a) Any facility conducted by and for the adherents of any well-recognized church...
- California Health and Safety Code Section 1271
(a) The Legislature finds and declares that uniform orientation and training are fundamental to ensuring a high level of competency of state personnel charged with...
- California Health and Safety Code Section 1271.1
(a) A health facility may place up to 50 percent of its licensed bed capacity in voluntary suspension for a period not exceeding three years,...
- California Health and Safety Code Section 1271.15
(a) Notwithstanding any provision of law to the contrary, including, but not limited to, Section 1271.1, a health facility may do any of the following:...
- California Health and Safety Code Section 1273
Members of the committee shall serve without compensation, but shall receive the current per diem, subsistence, and travel reimbursement paid to state managers, supervisors, and...
- California Health and Safety Code Section 1274
The committee shall meet on call of the director but no less than one time per year.
- California Health and Safety Code Section 1275
(a) The state department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of...
- California Health and Safety Code Section 1275.1
(a) Notwithstanding any rules or regulations governing other health facilities, the regulations developed by the State Department of Mental Health for psychiatric health facilities shall...
- California Health and Safety Code Section 1275.2
(a) Notwithstanding any rules or regulations governing other health facilities, the regulations adopted by the state department for chemical dependency recovery hospitals shall prevail. The...
- California Health and Safety Code Section 1275.3
(a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for intermediate care...
- California Health and Safety Code Section 1275.5
(a) The regulations relating to the licensing of hospitals, heretofore adopted by the Department of Public Health pursuant to Chapter 2 (commencing with Section 1400)...
- California Health and Safety Code Section 1275.6
(a) A health facility licensed pursuant to subdivision (a) or (b) of Section 1250 may provide in any alternative setting health care services and programs...
- California Health and Safety Code Section 1275.7
(a) The Legislature makes the following findings and declarations: (1) The theft of newborn babies from hospitals is a serious societal problem that must be...
- California Health and Safety Code Section 1276
(a) The building standards published in the State Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by...
- California Health and Safety Code Section 1276.05
(a) The Office of Statewide Health Planning and Development shall allow any general acute care hospital facility that needs to relocate services on an interim...
- California Health and Safety Code Section 1276.1
In setting personnel standards for licensed health facilities pursuant to Section 1276, the department may set such standards itself or may adopt them by reference...
- California Health and Safety Code Section 1276.2
Standards and regulations adopted by the state department pursuant to Section 1276 shall not require the use of a registered nurse for the performance of...
- California Health and Safety Code Section 1276.3
(a) The Legislature finds and declares that the citizens of California are in danger of being injured and killed in the state's surgical suites and...
- California Health and Safety Code Section 1276.4
(a) By January 1, 2002, the State Department of Health Services shall adopt regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed...
- California Health and Safety Code Section 1276.5
(a) The department shall adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and intermediate care facilities,...
- California Health and Safety Code Section 1276.6
Each facility shall certify, under penalty of perjury and to the best of their knowledge, on a form provided by the department, that funds received...
- California Health and Safety Code Section 1276.65
(a) For purposes of this section, the following definitions shall apply: (1) "Direct caregiver" means a registered nurse, as referred to in Section 2732 of...
- California Health and Safety Code Section 1276.7
(a) (1) On or before May 1, 2001, the department shall determine the need, and provide subsequent recommendations, for any increase in the minimum number...
- California Health and Safety Code Section 1276.8
Notwithstanding any other provision of law, including, but not limited to, Section 1276, the following shall apply: (a) As used in this code, "respiratory care...
- California Health and Safety Code Section 1276.9
(a) A special treatment program service unit distinct part shall have a minimum 2.3 nursing hours per patient per day. (b) For purposes of this...
- California Health and Safety Code Section 1277
(a) No license shall be issued by the state department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment,...
- California Health and Safety Code Section 1278
Any officer, employee, or agent of the state department may, upon presentation of proper identification, enter and inspect any building or premises at any reasonable...
- California Health and Safety Code Section 1278.5
(a) The Legislature finds and declares that it is the public policy of the State of California to encourage patients, nurses, members of the medical...
- California Health and Safety Code Section 1279
(a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental...
- California Health and Safety Code Section 1279.1
(a) A health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 shall report an adverse event to the department no later...
- California Health and Safety Code Section 1279.2
(a) (1) In any case in which the department receives a report from a facility pursuant to Section 1279.1, or a written or oral complaint...
- California Health and Safety Code Section 1279.3
(a) By January 1, 2015, the department shall provide information regarding reports of substantiated adverse events pursuant to Section 1279.1 and the outcomes of inspections...
- California Health and Safety Code Section 1279.6
(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety...
- California Health and Safety Code Section 1279.7
(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall implement a facility-wide hand hygiene program. (b) Commencing...
- California Health and Safety Code Section 1280
(a) The state department may provide consulting services upon request to any health facility to assist in the identification or correction of deficiencies or the...
- California Health and Safety Code Section 1280.1
(a) Subject to subdivision (d), prior to the effective date of regulations adopted to implement Section 1280.3, if a licensee of a health facility licensed...
- California Health and Safety Code Section 1280.15
(a) A clinic, health facility, home health agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 shall prevent unlawful or unauthorized access...
- California Health and Safety Code Section 1280.2
(a) No deficiency cited pursuant to paragraph (2) of subdivision (b) of Section 1280 or Section 1280.1 shall be for the failure of a facility...
- California Health and Safety Code Section 1280.3
(a) Commencing on the effective date of the regulations adopted pursuant to this section, the director may assess an administrative penalty against a licensee of...
- California Health and Safety Code Section 1280.4
If a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 fails to report an adverse event pursuant to...
- California Health and Safety Code Section 1280.5
The state department shall accept, consider, and resolve written appeals by a licensee or health facility administrator of findings made upon the inspection of a...
- California Health and Safety Code Section 1280.6
In assessing an administrative penalty pursuant to Section 1280.1 or Section 1280.3 against a licensee of a health facility licensed under subdivision (a) of Section...
- California Health and Safety Code Section 1281
All public and private general acute care hospitals either shall comply with the standards for the examination and treatment of victims of sexual assault and...
- California Health and Safety Code Section 1282
(a) The state department shall have the authority to contract for outside personnel to perform inspections of health facilities as the need arises. The state...
- California Health and Safety Code Section 1283
(a) No health facility shall surrender the physical custody of a minor under 16 years of age to any person unless such surrender is authorized...
- California Health and Safety Code Section 1284
A licensed inpatient mental health facility shall be subject to the provisions of Section 5622 of the Welfare and Institutions Code.
- California Health and Safety Code Section 1285
(a) No patient shall be detained in a health facility solely for the nonpayment of a bill. (b) For the purposes of this section, "detained"...
- California Health and Safety Code Section 1286
(a) Smoking shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking...
- California Health and Safety Code Section 1288
(a) Except as provided in subdivision (b), the licensee of each skilled nursing or intermediate care facility shall notify, in writing, all patients for whom...
- California Health and Safety Code Section 1288.4
A health facility licensed under subdivision (a), (b), or (f) of Section 1250 shall post conspicuously, in a prominent location within the premises and accessible...
- California Health and Safety Code Section 1288.95
(a) No later than January 1, 2010, a physician designated as a hospital epidemiologist or infection surveillance, prevention, and control committee chairperson shall participate in...
- California Health and Safety Code Section 1289
(a) No owner, employee, agent, or consultant of a long-term health care facility, as defined in Section 1418, or member of his or her immediate...
- California Health and Safety Code Section 1289.3
(a) A long-term health care facility, as defined in Section 1418, which fails to make reasonable efforts to safeguard patient property shall reimburse a patient...
- California Health and Safety Code Section 1289.4
A theft and loss program shall be implemented by the long-term health care facilities within 90 days after January 1, 1988. The program shall include...
- California Health and Safety Code Section 1289.5
No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the...
- California Health and Safety Code Section 1288.45
For purposes of this article, the following definitions shall apply: (a) "Advisory committee" or "HAI-AC" means the Healthcare Associated Infection Advisory Committee established pursuant to...
- California Health and Safety Code Section 1288.5
(a) By July 1, 2007, the department shall appoint a Healthcare Associated Infection Advisory Committee (HAI-AC) that shall make recommendations related to methods of reporting...
- California Health and Safety Code Section 1288.55
(a) (1) Each health facility, as defined in paragraph (3) of subdivision (a) of Section 1255.8, shall quarterly report all cases of health-care-associated MRSA bloodstream...
- California Health and Safety Code Section 1288.6
(a) (1) Each general acute care hospital, in collaboration with infection prevention and control professionals, and with the participation of senior health care facility leadership...
- California Health and Safety Code Section 1288.7
By July 1, 2007, the department shall require that each general acute care hospital, in accordance with the Centers for Disease Control guidelines, take all...
- California Health and Safety Code Section 1288.8
(a) By January 1, 2008, the department shall take all of the following actions to protect against HAI in general acute care hospitals statewide: (1)...
- California Health and Safety Code Section 1288.9
By January 1, 2009, the department shall do all of the following: (a) Require each general acute care hospital to develop, implement, and periodically evaluate...
- California Health and Safety Code Section 1276
(a) The building standards published in the State Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by...
- California Health and Safety Code Section 1276.05
(a) The Office of Statewide Health Planning and Development shall allow any general acute care hospital facility that needs to relocate services on an interim...
- California Health and Safety Code Section 1276.1
In setting personnel standards for licensed health facilities pursuant to Section 1276, the department may set such standards itself or may adopt them by reference...
- California Health and Safety Code Section 1276.2
Standards and regulations adopted by the state department pursuant to Section 1276 shall not require the use of a registered nurse for the performance of...
- California Health and Safety Code Section 1276.3
(a) The Legislature finds and declares that the citizens of California are in danger of being injured and killed in the state's surgical suites and...
- California Health and Safety Code Section 1276.4
(a) By January 1, 2002, the State Department of Health Services shall adopt regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed...
- California Health and Safety Code Section 1276.5
(a) The department shall adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and intermediate care facilities,...
- California Health and Safety Code Section 1276.6
Each facility shall certify, under penalty of perjury and to the best of their knowledge, on a form provided by the department, that funds received...
- California Health and Safety Code Section 1276.65
(a) For purposes of this section, the following definitions shall apply: (1) "Direct caregiver" means a registered nurse, as referred to in Section 2732 of...
- California Health and Safety Code Section 1276.7
(a) (1) On or before May 1, 2001, the department shall determine the need, and provide subsequent recommendations, for any increase in the minimum number...
- California Health and Safety Code Section 1276.8
Notwithstanding any other provision of law, including, but not limited to, Section 1276, the following shall apply: (a) As used in this code, "respiratory care...
- California Health and Safety Code Section 1276.9
(a) A special treatment program service unit distinct part shall have a minimum 2.3 nursing hours per patient per day. (b) For purposes of this...
- California Health and Safety Code Section 1277
(a) No license shall be issued by the state department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment,...
- California Health and Safety Code Section 1278
Any officer, employee, or agent of the state department may, upon presentation of proper identification, enter and inspect any building or premises at any reasonable...
- California Health and Safety Code Section 1278.5
(a) The Legislature finds and declares that it is the public policy of the State of California to encourage patients, nurses, members of the medical...
- California Health and Safety Code Section 1279
(a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental...
- California Health and Safety Code Section 1279.1
(a) A health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 shall report an adverse event to the department no later...
- California Health and Safety Code Section 1279.2
(a) (1) In any case in which the department receives a report from a facility pursuant to Section 1279.1, or a written or oral complaint...
- California Health and Safety Code Section 1279.3
(a) By January 1, 2015, the department shall provide information regarding reports of substantiated adverse events pursuant to Section 1279.1 and the outcomes of inspections...
- California Health and Safety Code Section 1279.6
(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety...
- California Health and Safety Code Section 1279.7
(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall implement a facility-wide hand hygiene program. (b) Commencing...
- California Health and Safety Code Section 1280
(a) The state department may provide consulting services upon request to any health facility to assist in the identification or correction of deficiencies or the...
- California Health and Safety Code Section 1280.1
(a) Subject to subdivision (d), prior to the effective date of regulations adopted to implement Section 1280.3, if a licensee of a health facility licensed...
- California Health and Safety Code Section 1280.15
(a) A clinic, health facility, home health agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 shall prevent unlawful or unauthorized access...
- California Health and Safety Code Section 1280.2
(a) No deficiency cited pursuant to paragraph (2) of subdivision (b) of Section 1280 or Section 1280.1 shall be for the failure of a facility...
- California Health and Safety Code Section 1280.3
(a) Commencing on the effective date of the regulations adopted pursuant to this section, the director may assess an administrative penalty against a licensee of...
- California Health and Safety Code Section 1280.4
If a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 fails to report an adverse event pursuant to...
- California Health and Safety Code Section 1280.5
The state department shall accept, consider, and resolve written appeals by a licensee or health facility administrator of findings made upon the inspection of a...
- California Health and Safety Code Section 1280.6
In assessing an administrative penalty pursuant to Section 1280.1 or Section 1280.3 against a licensee of a health facility licensed under subdivision (a) of Section...
- California Health and Safety Code Section 1281
All public and private general acute care hospitals either shall comply with the standards for the examination and treatment of victims of sexual assault and...
- California Health and Safety Code Section 1282
(a) The state department shall have the authority to contract for outside personnel to perform inspections of health facilities as the need arises. The state...
- California Health and Safety Code Section 1283
(a) No health facility shall surrender the physical custody of a minor under 16 years of age to any person unless such surrender is authorized...
- California Health and Safety Code Section 1284
A licensed inpatient mental health facility shall be subject to the provisions of Section 5622 of the Welfare and Institutions Code.
- California Health and Safety Code Section 1285
(a) No patient shall be detained in a health facility solely for the nonpayment of a bill. (b) For the purposes of this section, "detained"...
- California Health and Safety Code Section 1286
(a) Smoking shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking...
- California Health and Safety Code Section 1288
(a) Except as provided in subdivision (b), the licensee of each skilled nursing or intermediate care facility shall notify, in writing, all patients for whom...
- California Health and Safety Code Section 1288.4
A health facility licensed under subdivision (a), (b), or (f) of Section 1250 shall post conspicuously, in a prominent location within the premises and accessible...
- California Health and Safety Code Section 1288.95
(a) No later than January 1, 2010, a physician designated as a hospital epidemiologist or infection surveillance, prevention, and control committee chairperson shall participate in...
- California Health and Safety Code Section 1289
(a) No owner, employee, agent, or consultant of a long-term health care facility, as defined in Section 1418, or member of his or her immediate...
- California Health and Safety Code Section 1289.3
(a) A long-term health care facility, as defined in Section 1418, which fails to make reasonable efforts to safeguard patient property shall reimburse a patient...
- California Health and Safety Code Section 1289.4
A theft and loss program shall be implemented by the long-term health care facilities within 90 days after January 1, 1988. The program shall include...
- California Health and Safety Code Section 1289.5
No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the...
- California Health and Safety Code Section 1290
(a) Except as provided in subdivision (b) or (c), any person who violates this chapter or Section 127050 or 128600, or who willfully or repeatedly...
- California Health and Safety Code Section 1291
The director may bring an action to enjoin the violation or threatened violation of Section 1253 in the superior court in and for the county...
- California Health and Safety Code Section 1292
Any action brought by the director against a health facility shall not abate by reason of a sale or other transfer of ownership of the...
- California Health and Safety Code Section 1293
The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution of any action...
- California Health and Safety Code Section 1293.2
It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way...
- California Health and Safety Code Section 1294
The state department may suspend or revoke any license or special permit issued under the provisions of this chapter upon any of the following grounds...
- California Health and Safety Code Section 1294.5
The department may suspend or revoke any license or special permit issued under the provisions of this chapter if the licensee or holder of a...
- California Health and Safety Code Section 1295
Proceedings for the suspension, revocation, or denial of licenses or special permits under this chapter shall be conducted in accordance with Section 100171. In the...
- California Health and Safety Code Section 1296
The director may temporarily suspend any license or special permit prior to any hearing, when in his or her opinion the action is necessary to...
- California Health and Safety Code Section 1297
The withdrawal of an application for a license or a special permit after it has been filed with the state department shall not, unless the...
- California Health and Safety Code Section 1298
(a) (1) No person, firm, partnership, association, corporation, political subdivision of the state, or other governmental agency within the state shall continue to operate, conduct,...
- California Health and Safety Code Section 1300
(a) Any licensee or holder of a special permit may, with the approval of the state department, surrender his or her license or special permit...
- California Health and Safety Code Section 1305
(a) Every insurer providing professional liability insurance to a health facility licensed pursuant to this chapter and every health facility or associated group of health...
- California Health and Safety Code Section 1306
Notwithstanding any other provision of law, no insurer shall enter into a settlement exceeding three thousand dollars ($3,000) to settle a claim or action referred...
- California Health and Safety Code Section 1307
The state department shall keep a record of all reports made pursuant to Section 1305.
- California Health and Safety Code Section 1308
The state department shall notify every health facility licensed pursuant to this chapter and every insurer providing professional liability insurance to such health facilities of...
- California Health and Safety Code Section 1312
Before a person who is required to register as a sex offender under Section 290 of the Penal Code is released into a long-term health...
- California Health and Safety Code Section 1315
Dental services, as defined in the Dental Practice Act, may be provided patients in health facilities licensed under this chapter. Such services shall be provided...
- California Health and Safety Code Section 1316
(a) The rules of a health facility shall include provisions for use of the facility by, and staff privileges for, duly licensed podiatrists within the...
- California Health and Safety Code Section 1316.5
(a) (1) Each health facility owned and operated by the state offering care or services within the scope of practice of a psychologist shall establish...
- California Health and Safety Code Section 1316.6
Notwithstanding any other provision of this chapter, the exercise of privileges in any health facility may be limited, restricted, or revoked for the violation of...
- California Health and Safety Code Section 1317
(a) Emergency services and care shall be provided to any person requesting the services or care, or for whom services or care is requested, for...
- California Health and Safety Code Section 1317.1
Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4: (a) (1) "Emergency services and care" means...
- California Health and Safety Code Section 1317.2
No person needing emergency services and care may be transferred from a hospital to another hospital for any nonmedical reason (such as the person's inability...
- California Health and Safety Code Section 1317.2a
(a) A hospital which has a legal obligation, whether imposed by statute or by contract, to the extent of that contractual obligation, to any third-party...
- California Health and Safety Code Section 1317.3
(a) As a condition of licensure, each hospital shall adopt, in consultation with the medical staff, policies and transfer protocols consistent with this article and...
- California Health and Safety Code Section 1317.4
(a) All hospitals shall maintain records of each transfer made or received, including the "Memorandum of Transfer" described in subdivision (f) of Section 1317.2, for...
- California Health and Safety Code Section 1317.4a
(a) Notwithstanding subdivision (j) of Section 1317.1, a patient may be transferred for admission to a psychiatric unit within a general acute care hospital, as...
- California Health and Safety Code Section 1317.5
(a) All alleged violations of this article and the regulations adopted hereunder shall be investigated by the state department. The state department, with the agreement...
- California Health and Safety Code Section 1317.5
(a) All alleged violations of this article and the regulations adopted hereunder shall be investigated by the state department. The state department, with the agreement...
- California Health and Safety Code Section 1317.6
(a) Hospitals found by the state department to have committed or to be responsible for a violation of this article or the regulations adopted pursuant...
- California Health and Safety Code Section 1317.7
This article does not preempt any county or any other governmental agency acting within its authority from regulating emergency care or patient transfers, including the...
- California Health and Safety Code Section 1317.8
If any provision of this article is declared unlawful or unconstitutional in any judicial action, the remaining provisions of this chapter shall remain in effect.
- California Health and Safety Code Section 1317.9a
(a) This article shall not be construed as altering or repealing Section 2400 of the Business and Professions Code. (b) Nothing in Sections 1317 et...
- California Health and Safety Code Section 1318
(a) The director shall require as a condition precedent to the issuance, or renewal, of any license for a health facility, if the licensee handles...
- California Health and Safety Code Section 1319
The rules of a health facility may include provisions that require every member of the medical staff to have professional liability insurance as a condition...
- California Health and Safety Code Section 1320
A skilled nursing facility or intermediate care facility shall not require patients to purchase drugs, or rent or purchase medical supplies or equipment, from any...
- California Health and Safety Code Section 1321
No health facility shall advertise or represent in any way that it provides occupational therapy services unless such services are provided under the administrative control...
- California Health and Safety Code Section 1322
A hospital which contracts with an insurer, nonprofit hospital service plan, or health care service plan shall not determine or condition medical staff membership or...
- California Health and Safety Code Section 1323
(a) A health facility, as defined by subdivisions (c) to (g), inclusive, of Section 1250, which has a significant beneficial interest in an ancillary health...
- California Health and Safety Code Section 1324
For purposes of this article, the following definitions shall apply: (a) (1) "Gross receipts" means gross receipts paid as compensation for services provided to residents...
- California Health and Safety Code Section 1324.2
(a) As a condition for participation in the Medi-Cal program, there shall be imposed each state fiscal year upon the entire gross receipts of a...
- California Health and Safety Code Section 1324.4
(a) On or before August 31 of each year, each designated intermediate care facility subject to Section 1324.2 shall report to the department, in a...
- California Health and Safety Code Section 1324.6
(a) The Director of Health Services, or his or her designee, shall administer this article. (b) The director may adopt regulations as are necessary to...
- California Health and Safety Code Section 1324.8
The quality assurance fee assessed and collected pursuant to this article shall be deposited in the General Fund.
- California Health and Safety Code Section 1324.10
In addition to the rate of payment that an eligible facility would otherwise receive for intermediate care facility services provided to Medi-Cal beneficiaries, an eligible...
- California Health and Safety Code Section 1324.12
(a) (1) The department shall seek approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. (2) If after...
- California Health and Safety Code Section 1324.14
In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary contract to...
- California Health and Safety Code Section 1324.20
For purposes of this article, the following definitions shall apply: (a) (1) "Continuing care retirement community" means a provider of a continuum of services, including...
- California Health and Safety Code Section 1324.21
(a) For facilities licensed under subdivision (c) of Section 1250, there shall be imposed each fiscal year a uniform quality assurance fee per resident day....
- California Health and Safety Code Section 1324.22
(a) The quality assurance fee, as calculated pursuant to Section 1324.21, shall be paid by the provider to the department for deposit in the State...
- California Health and Safety Code Section 1324.23
(a) The Director of Health Care Services, or his or her designee, shall administer this article. (b) The director may adopt regulations as are necessary...
- California Health and Safety Code Section 1324.24
The quality assurance fee assessed and collected pursuant to this article shall be deposited in the State Treasury.
- California Health and Safety Code Section 1324.25
The funds assessed pursuant to this article shall be available to enhance federal financial participation in the Medi-Cal program or to provide additional reimbursement to,...
- California Health and Safety Code Section 1324.26
In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary contract to...
- California Health and Safety Code Section 1324.27
(a) (1) The department shall request approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. In making this...
- California Health and Safety Code Section 1324.28
(a) This article shall be implemented as long as both of the following conditions are met: (1) The state receives federal approval of the quality...
- California Health and Safety Code Section 1324.29
(a) The quality assurance fee shall cease to be assessed after July 31, 2013. (b) Notwithstanding subdivision (a) and Section 1324.30, the department's authority and...
- California Health and Safety Code Section 1324.30
This article shall become inoperative after July 31, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative...
- California Health and Safety Code Section 1325
The Legislature finds and declares that the transfer trauma which accompanies the abrupt and involuntary transfer of patients from one nursing home to another should...
- California Health and Safety Code Section 1325.5
(a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the...
- California Health and Safety Code Section 1326
As used in this article, "long-term health care facility" means any skilled nursing facility, intermediate care facility, intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled...
- California Health and Safety Code Section 1327
(a) Whenever circumstances exist indicating that continued management of a long-term health care facility by the current licensee would present a substantial probability or imminent...
- California Health and Safety Code Section 1327.1
The state department shall investigate within 30 days of receipt of a complaint alleging that circumstances permitting a petition for receivership under Section 1327 exist...
- California Health and Safety Code Section 1327.2
In the event that the state department proceeds with a receivership petition, the state department shall hold an informational meeting in the affected community for...
- California Health and Safety Code Section 1327.3
Subdivision (b) of Section 1327 shall not be construed to prohibit the state department from including on its list of qualified receivers a consortium of...
- California Health and Safety Code Section 1327.5
No person shall impede the operation of a receivership created under Section 1327. There shall be an automatic stay for a 60-day period subsequent to...
- California Health and Safety Code Section 1328
(a) Notwithstanding any other provision of law, the receiver shall be liable only for damages resulting from gross negligence in the operation of the facility...
- California Health and Safety Code Section 1329
(a) When a receiver is appointed, the licensee may, at the discretion of the court, be divested of possession and control of the facility in...
- California Health and Safety Code Section 1329.5
(a) A receiver may not be required to honor any lease, mortgage, or secured transaction entered into by the licensee of the facility and another...
- California Health and Safety Code Section 1330
A monthly accounting shall be made by the receiver to the state department of all moneys received and expended by the receiver on or before...
- California Health and Safety Code Section 1331
(a) The receiver shall be appointed for an initial period of not more than six months. The initial six-month period may be extended for additional...
- California Health and Safety Code Section 1332
The salary of the receiver shall be set by the court commensurate with long-term health care facility industry standards, giving due consideration to the difficulty...
- California Health and Safety Code Section 1333
(a) To the extent state funds are advanced for the salary of the receiver or for other expenses in connection with the receivership, as limited...
- California Health and Safety Code Section 1334
(a) Nothing in this article shall impair the right of the owner of a long-term health care facility to dispose of his or her property...
- California Health and Safety Code Section 1335
The state department shall adopt regulations for the administration of this article. Nothing in this article shall impair the authority of the state department to...
- California Health and Safety Code Section 1336
Notwithstanding any other provisions of law, a long-term health care facility shall give written notice to the affected patients or to the guardians of the...
- California Health and Safety Code Section 1336.1
(a) After notifying its affected patients, the facility shall, in response to inquiries made by prospective patients or their representatives, include notification of the change...
- California Health and Safety Code Section 1336.2
(a) Before residents are transferred due to any change in the status of the license or operation of a facility, including a facility closure or...
- California Health and Safety Code Section 1336.3
(a) In the event of an emergency, such as earthquake, fire, or flood which threatens the safety or welfare of patients in a facility, the...
- California Health and Safety Code Section 1336.4
Failure to comply with the requirements in Sections 1336 to 1336.3, inclusive, shall be subject to issuance of citations and imposition of civil penalties pursuant...
- California Health and Safety Code Section 1337
(a) The Legislature finds that the quality of patient care in skilled nursing and intermediate care facilities is dependent upon the competence of the personnel...
- California Health and Safety Code Section 1337.1
A skilled nursing or intermediate care facility shall adopt an approved training program that meets standards established by the state department. The approved training program...
- California Health and Safety Code Section 1337.2
(a) An applicant for certification as a certified nurse assistant shall comply with each of the following: (1) Be at least 16 years of age....
- California Health and Safety Code Section 1337.3
(a) The state department shall prepare and maintain a list of approved training programs for nurse assistant certification. The list shall include training programs conducted...
- California Health and Safety Code Section 1337.4
Every skilled nursing or intermediate care facility shall designate a licensed nurse as a director of staff development who shall be responsible for the management...
- California Health and Safety Code Section 1337.5
(a) Approved training programs shall be conducted during the normal working hours of the nurse assistant unless the nurse assistant receives at least the normal...
- California Health and Safety Code Section 1337.6
(a) Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following:...
- California Health and Safety Code Section 1337.8
(a) The state department shall investigate complaints concerning misconduct by certified nurse assistants and may take disciplinary action pursuant to Section 1337.9. (b) The state...
- California Health and Safety Code Section 1337.9
(a) (1) The state department may deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and...
- California Health and Safety Code Section 1338
(a) The state department shall, through the Medi-Cal program, provide rate adjustments to skilled nursing or intermediate care facilities for the portion of additional costs...
- California Health and Safety Code Section 1338.1
The state department shall assign sufficient qualified employees to supervise and evaluate training programs required by this article.
- California Health and Safety Code Section 1338.2
(a) The state department shall convene a work group to develop recommendations to the department on ways to expand the availability of training programs and...
- California Health and Safety Code Section 1338.3
The State Director of Health Services may adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of...
- California Health and Safety Code Section 1338.5
(a) (1) (A) A criminal record clearance shall be conducted for all nurse assistants by the submission of fingerprint images and related information to the...
- California Health and Safety Code Section 1339
The Legislature hereby finds and declares that: (a) In many areas, small, rural general acute care hospitals are experiencing financial difficulties brought upon partially because...
- California Health and Safety Code Section 1339.3
It is, therefore, the intent of the Legislature to designate certain general acute care hospitals as primary health service hospitals, which will facilitate the diversification...
- California Health and Safety Code Section 1339.5
As used in this article, unless otherwise indicated: (a) "Health systems agency" means a health systems agency established pursuant to Public Law 93-641. (b) "Primary...
- California Health and Safety Code Section 1339.7
The state department shall administer the program authorized in this article. In administering the program, the state department shall do all of the following: (a)...
- California Health and Safety Code Section 1339.8
The Office of Statewide Health Planning and Development shall review and approve the number of swing beds that may be designated pursuant to paragraph (4)...
- California Health and Safety Code Section 1339.9
In order to be eligible for designation as a primary health service hospital, a hospital shall be licensed pursuant to subdivision (a) of Section 1250...
- California Health and Safety Code Section 1339.9
(a) The state department may request and maintain employment information for nurse assistants and direct care staff of intermediate care facilities/developmentally disabled, other than state-operated...
- California Health and Safety Code Section 1339.11
Health systems agencies shall do all of the following: (a) Verify information in the health service plan received from hospitals in their respective health service...
- California Health and Safety Code Section 1339.13
Any primary health service hospital, or any group thereof, may submit a health service plan to the state department when a public meeting, which satisfies...
- California Health and Safety Code Section 1339.15
A primary health service hospital may request waivers pursuant to subdivision (d) of Section 1339.7, and Section 1339.25, authorization for swing beds pursuant to Section...
- California Health and Safety Code Section 1339.17
A primary health service hospital may amend its health service plan. Such amendments shall be subject to the provisions of subdivision (c) of Section 1337.7...
- California Health and Safety Code Section 1339.19
The primary health service hospital shall operate under the following requirements: (a) The primary health service hospital shall be subject to the regulations contained in...
- California Health and Safety Code Section 1339.21
(a) In accordance with the procedures prescribed in subdivision (h) of Section 1339.7, the state department shall terminate a hospital's health service plan or its...
- California Health and Safety Code Section 1339.25
Implementation of this article shall be consistent with federal rules and regulations in effect on January 1, 1979, and as adopted on or after such...
- California Health and Safety Code Section 1339.30
A Special Hospital: Hospice Pilot Project is hereby created. This pilot project shall be established and administered by the department, and shall consist of up...
- California Health and Safety Code Section 1339.31
For the purposes of this article, the following definitions shall apply: (a) "Hospice" means a specialized form of multidisciplinary health care which is designed to...
- California Health and Safety Code Section 1339.32
A special hospital: hospice shall be deemed to provide acute palliative care. All patients receiving inpatient care in a Special Hospital: Hospice Project shall be...
- California Health and Safety Code Section 1339.33
Notwithstanding any other provisions of law, in order to be licensed as a special hospital: hospice, each project facility shall meet the requirements of Sections...
- California Health and Safety Code Section 1339.34
(a) Each facility that is part of the project shall report to the Legislature at the end of each year of operation on all of...
- California Health and Safety Code Section 1339.35
The project shall commence on January 1, 1990. However, the State Department of Health Services may establish an earlier commencement date for any one of...
- California Health and Safety Code Section 1339.36
The fee for each new or renewal application for a license for a Special Hospital: Hospice Pilot Project facility shall be the annual fee as...
- California Health and Safety Code Section 1339.50
This article shall be known and may be cited as the Payers' Bill of Rights.
- California Health and Safety Code Section 1339.51
(a) (1) Beginning July 1, 2004, a hospital, as defined in paragraph (2) of subdivision (b), shall make a written or electronic copy of its...
- California Health and Safety Code Section 1339.52
A hospital may not condition acceptance of a contract with a health care service plan or health insurer upon the health care service plan or...
- California Health and Safety Code Section 1339.54
Any person may file a claim with the department alleging a violation of this article. The department shall investigate and inform the complaining person of...
- California Health and Safety Code Section 1339.55
(a) Beginning July 1, 2004, each hospital shall file a copy of its charge description master annually with the office, in a format determined by...
- California Health and Safety Code Section 1339.56
(a) Each hospital shall compile a list of 25 common outpatient procedures and shall submit annually to the office a list of its average charges...
- California Health and Safety Code Section 1339.58
Any information provided by the office on its Internet Web site pursuant to Section 1339.56 or 1339.57 may inform persons where quality of care information...
- California Health and Safety Code Section 1339.585
Upon the request of a person without health coverage, a hospital shall provide the person with a written estimate of the amount the hospital will...
- California Health and Safety Code Section 1339.59
(a) A hospital shall be in violation of this article if it knowingly or negligently fails to comply with the requirements of this article. (b)...
- California Health and Safety Code Section 1339.63
(a) (1) As a condition of licensure under this division, every general acute care hospital, as defined in subdivision (a) of Section 1250, special hospital,...
- California Health and Safety Code Section 1339.70
Notwithstanding any other provision of law, a county may by ordinance establish a department of the county which may combine in the department any or...
- California Health and Safety Code Section 1339.80
Hospitals and other providers are not required to post, send, deliver, or otherwise provide the statement described in paragraph (1) of subdivision (b) of Section...
- California Health and Safety Code Section 1339.81
For purposes of this chapter, "provider" means any professional person, organization, health facility, or other person or institution licensed by the state to deliver or...
- California Health and Safety Code Section 1340
This chapter shall be known and may be cited as the Knox-Keene Health Care Service Plan Act of 1975.
- California Health and Safety Code Section 1341
(a) There is in state government, in the California Health and Human Services Agency, a Department of Managed Health Care that has charge of the...
- California Health and Safety Code Section 1341.1
The director shall have his or her principal office in the City of Sacramento, and may establish branch offices in the City and County of...
- California Health and Safety Code Section 1341.2
In accordance with the laws governing the state civil service, the director shall employ and, with the approval of the Department of Finance, fix the...
- California Health and Safety Code Section 1341.3
The director shall adopt a seal bearing the inscription: "Director, Department of Managed Health Care, State of California." The seal shall be affixed to or...
- California Health and Safety Code Section 1341.4
(a) In order to effectively support the Department of Managed Health Care in the administration of this law, there is hereby established in the State...
- California Health and Safety Code Section 1341.45
(a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund. (b) The fines and administrative penalties collected pursuant...
- California Health and Safety Code Section 1341.5
(a) The director, as a general rule, shall publish or make available for public inspection any information filed with or obtained by the department, unless...
- California Health and Safety Code Section 1341.6
(a) The Attorney General shall render to the director opinions upon all questions of law, relating to the construction or interpretation of any law under...
- California Health and Safety Code Section 1341.7
(a) Neither the director nor any of the director's assistants, clerks, or deputies shall be interested as a director, officer, shareholder, member other than a...
- California Health and Safety Code Section 1341.8
The director shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division...
- California Health and Safety Code Section 1341.9
The director and department succeed to, and are vested with, all duties, powers, purposes, responsibilities, and jurisdiction of the Commissioner of Corporations and the Department...
- California Health and Safety Code Section 1341.10
The department may use the unexpended balance of funds available for use in connection with the performance of the functions of the Department of Corporations...
- California Health and Safety Code Section 1341.11
All officers and employees of the Department of Corporations who, on the operative date of this section, are performing any duty, power, purpose, responsibility, or...
- California Health and Safety Code Section 1341.12
The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, agreements, contracts, claims, judgments, land, and...
- California Health and Safety Code Section 1341.13
All officers or employees of the department employed after the operative date of this section shall be appointed by the director.
- California Health and Safety Code Section 1341.14
(a) Any regulation, order, or other action, adopted, prescribed, taken, or performed by the Department of Corporations or by an officer of the Department of...
- California Health and Safety Code Section 1342
It is the intent and purpose of the Legislature to promote the delivery and the quality of health and medical care to the people of...
- California Health and Safety Code Section 1342.4
(a) The Department of Managed Health Care and the Department of Insurance shall maintain a joint senior level working group to ensure clarity for health...
- California Health and Safety Code Section 1342.5
The director shall consult with the Insurance Commissioner prior to adopting any regulations applicable to health care service plans subject to this chapter and other...
- California Health and Safety Code Section 1342.6
It is the intent of the Legislature to ensure that the citizens of this state receive high-quality health care coverage in the most efficient and...
- California Health and Safety Code Section 1342.7
(a) The Legislature finds that in enacting Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72, it did not intend to limit the department's authority to regulate...
- California Health and Safety Code Section 1342.8
The State Department of Health Services and the department shall coordinate, to the extent feasible, audits or surveys of physician offices required by this chapter...
- California Health and Safety Code Section 1343
(a) This chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (f) and (o) of...
- California Health and Safety Code Section 1343.1
This chapter shall not apply to any program developed under the authority of Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9...
- California Health and Safety Code Section 1343.5
In any proceeding under this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
- California Health and Safety Code Section 1344
(a) The director may from time to time adopt, amend, and rescind any rules, forms, and orders that are necessary to carry out the provisions...
- California Health and Safety Code Section 1345
As used in this chapter: (a) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or by radio,...
- California Health and Safety Code Section 1346
(a) The director shall administer and enforce this chapter and shall have the following powers: (1) Recommend and propose the enactment of any legislation necessary...
- California Health and Safety Code Section 1346.1
The department shall maintain a database indicating for each county, the names of the health care service plans that operate in that particular county.
- California Health and Safety Code Section 1346.2
The director shall, in coordination with the Insurance Commissioner, review the Internet portal developed by the United States Secretary of Health and Human Services under...
- California Health and Safety Code Section 1346.4
(a) The Legislature finds and declares all of the following: (1) That millions of Californians are insured under health care service plans regulated by the...
- California Health and Safety Code Section 1346.5
If the director determines that an entity purporting to be a health care service plan exempt from the provisions of Section 740 of the Insurance...
- California Health and Safety Code Section 1347.15
(a) There is hereby established in the Department of Managed Health Care the Financial Solvency Standards Board composed of eight members. The members shall consist...
- California Health and Safety Code Section 1348
(a) Every health care service plan licensed to do business in this state shall establish an antifraud plan. The purpose of the antifraud plan shall...
- California Health and Safety Code Section 1348.6
(a) No contract between a health care service plan and a physician, physician group, or other licensed health care practitioner shall contain any incentive plan...
- California Health and Safety Code Section 1348.8
(a) A health care service plan that provides, operates, or contracts for telephone medical advice services to its enrollees and subscribers shall do all of...
- California Health and Safety Code Section 1348.9
(a) On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Participation Program, which shall allow for the director to...
- California Health and Safety Code Section 1349
It is unlawful for any person to engage in business as a plan in this state or to receive advance or periodic consideration in connection...
- California Health and Safety Code Section 1349.1
A health care service plan which satisfies both of the following criteria is exempt from Section 1349: (a) Provides only emergency ambulance services or advanced...
- California Health and Safety Code Section 1349.2
(a) A health care service plan, including a self-insured reimbursement plan that pays for or reimburses any part of the cost of health care services,...
- California Health and Safety Code Section 1350
(a) Consistent with federal law, a sponsor of a prescription drug plan authorized by the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003...
- California Health and Safety Code Section 1351
Each application for licensure as a health care service plan or specialized health care service plan under this chapter shall be verified by an authorized...
- California Health and Safety Code Section 1351.1
In addition to the requirements of Section 1351 and upon request of the director, each application shall be accompanied by authorization for disclosure to the...
- California Health and Safety Code Section 1351.2
(a) If a prepaid health plan operating lawfully under the laws of Mexico elects to operate a health care service plan in this state, the...
- California Health and Safety Code Section 1351.3
On and after January 1, 2007, the department, in considering an application for an initial license for any entity under this chapter, shall consider any...
- California Health and Safety Code Section 1352
(a) A licensed plan shall, within 30 days after any change in the information contained in its application, other than financial or statistical information, file...
- California Health and Safety Code Section 1352.1
(a) Except as provided in subdivision (b), no plan shall enter into any new or modified plan contract or publish or distribute, or allow to...
- California Health and Safety Code Section 1353
The director shall issue a license to any person filing an application pursuant to this article, if the director, upon due consideration of the application...
- California Health and Safety Code Section 1354
Upon denial of application for licensure, or the issuance of an order pursuant to Section 1352 disapproving, suspending, or postponing a material modification, the director...
- California Health and Safety Code Section 1355
Every plan's license issued under this chapter shall remain in effect until revoked or suspended by the director, except that every transitional license shall expire...
- California Health and Safety Code Section 1356
(a) Each plan applying for licensure under this chapter shall reimburse the director for the actual cost of processing the application, including overhead, up to...
- California Health and Safety Code Section 1356.1
Notwithstanding subdivision (f) of Section 1356, as amended by Section 2.5 of Chapter 722 of the Statutes of 1991, and subdivision (d) of Section 1356,...
- California Health and Safety Code Section 1356.2
The director, by notice to all licensed health care service plans on or before October 15, 2010, may require health care service plans to pay...
- California Health and Safety Code Section 1357
As used in this article: (a) "Dependent" means the spouse or child of an eligible employee, subject to applicable terms of the health care plan...
- California Health and Safety Code Section 1357.01
Every health care service plan offering plan contracts to small employer groups shall in addition to complying with the provisions of this chapter and the...
- California Health and Safety Code Section 1357.02
(a) A health care service plan providing or arranging for the provision of basic health care services to small employers shall be subject to this...
- California Health and Safety Code Section 1357.025
Nothing in this article shall be construed to preclude the application of this chapter to either of the following: (a) An association, trust, or other...
- California Health and Safety Code Section 1357.03
(a) (1) Upon the effective date of this article, a plan shall fairly and affirmatively offer, market, and sell all of the plan's health care...
- California Health and Safety Code Section 1357.035
(a) Between July 26, 1993, and October 24, 1993, as well as 60 days prior to the expiration of an existing plan contract that expires...
- California Health and Safety Code Section 1357.04
(a) After a small employer submits a completed application form for a plan contract, the plan shall, within 30 days, notify the employer of the...
- California Health and Safety Code Section 1357.05
Except in the case of a late enrollee, or for satisfaction of a preexisting condition clause in the case of initial coverage of an eligible...
- California Health and Safety Code Section 1357.06
(a) (1) Preexisting condition provisions of a plan contract shall not exclude coverage for a period beyond six months following the individual's effective date of...
- California Health and Safety Code Section 1357.07
No plan contract may exclude late enrollees from coverage for more than 12 months from the date of the late enrollees application for coverage. No...
- California Health and Safety Code Section 1357.08
All health care service plan contracts offered to a small employer shall provide to subscribers and enrollees at least all of the basic health care...
- California Health and Safety Code Section 1357.09
No plan shall be required to offer a health care service plan contract or accept applications for the contract pursuant to this article in the...
- California Health and Safety Code Section 1357.10
The director may require a plan to discontinue the offering of contracts or acceptance of applications from any small employer or group with more than...
- California Health and Safety Code Section 1357.12
Premiums for contracts offered or delivered by plans on or after the effective date of this article shall be subject to the following requirements: (a)...
- California Health and Safety Code Section 1357.13
Plans shall apply standard employee risk rates consistently with respect to all small employers.
- California Health and Safety Code Section 1357.14
In connection with the offering for sale of any plan contract to a small employer, each plan shall make a reasonable disclosure, as part of...
- California Health and Safety Code Section 1357.15
(a) At least 20 business days prior to renewing or amending a plan contract subject to this article which will be in force on the...
- California Health and Safety Code Section 1357.16
(a) Health care service plans may enter into contractual agreements with qualified associations, as defined in subdivision (b), under which these qualified associations may assume...
- California Health and Safety Code Section 1357.17
The director may issue regulations that are necessary to carry out the purposes of this article. Prior to the public comment period required on the...
- California Health and Safety Code Section 1357.50
For purposes of this article: (a) "Health benefit plan" means any individual or group insurance policy or health care service plan contract that provides medical,...
- California Health and Safety Code Section 1357.51
(a) No plan contract that covers three or more enrollees shall exclude coverage for any individual on the basis of a preexisting condition provision for...
- California Health and Safety Code Section 1357.52
Except in the case of a late enrollee, or for satisfaction of a preexisting condition clause in the case of initial coverage of an eligible...
- California Health and Safety Code Section 1358.1
Every health care service plan that offers any contract that primarily or solely supplements Medicare or that is advertised or represented as a supplement to...
- California Health and Safety Code Section 1358.2
The purpose of this article is to provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement contracts, to...
- California Health and Safety Code Section 1358.3
(a) Except as otherwise provided in this section or in Sections 1358.7, 1358.12, 1358.13, 1358.16, and 1358.21, this article shall apply to all group and...
- California Health and Safety Code Section 1358.4
The following definitions apply for the purposes of this article: (a) "Applicant" means: (1) An individual enrollee who seeks to contract for health coverage, in...
- California Health and Safety Code Section 1358.5
(a) A contract shall not be advertised, solicited, or issued for delivery as a Medicare supplement contract unless the contract contains definitions or terms that...
- California Health and Safety Code Section 1358.6
(a) (1) Except for permitted preexisting condition clauses as described in Sections 1358.7, 1358.8, and 1358.81, a contract shall not be advertised, solicited, or issued...
- California Health and Safety Code Section 1358.7
A contract shall not be advertised, solicited, or issued for delivery as a Medicare supplement contract prior to January 1, 2001, unless it meets or...
- California Health and Safety Code Section 1358.8
The following standards are applicable to all Medicare supplement contracts advertised, solicited, or issued for delivery on or after January 1, 2001, and with an...
- California Health and Safety Code Section 1358.81
The following standards are applicable to all Medicare supplement contracts delivered or issued for delivery in this state with an effective date on or after...
- California Health and Safety Code Section 1358.9
The following standards are applicable to all Medicare supplement contracts delivered or issued for delivery in this state on or after July 21, 1992, and...
- California Health and Safety Code Section 1358.91
The following standards are applicable to all Medicare supplement contracts delivered or issued for delivery in this state with an effective date on or after...
- California Health and Safety Code Section 1358.10
(a) (1) This section shall apply to Medicare Select contracts, as defined in this section. (2) A contract shall not be advertised as a Medicare...
- California Health and Safety Code Section 1358.11
(a) (1) An issuer shall not deny or condition the offering or effectiveness of any Medicare supplement contract available for sale in this state, nor...
- California Health and Safety Code Section 1358.12
(a) (1) With respect to the guaranteed issue of a Medicare supplement contract, eligible persons are those individuals described in subdivision (b) who seek to...
- California Health and Safety Code Section 1358.13
(a) An issuer shall comply with Section 1882(c)(3) of the federal Social Security Act (as enacted by Section 4081(b)(2)(C) of the federal Omnibus Budget Reconciliation...
- California Health and Safety Code Section 1358.14
(a) (1) (A) With respect to loss ratio standards, a Medicare supplement contract shall not be advertised, solicited, or issued for delivery unless the contract...
- California Health and Safety Code Section 1358.145
(a) The calculation of actual or expected loss ratios shall be pursuant to the formula in subdivision (a) of Section 1358.14, and pursuant to definitions,...
- California Health and Safety Code Section 1358.146
The following format shall be used for reporting loss ratio experience: MEDICARE SUPPLEMENT HEALTH CARE SERVICE PLAN CONTRACT EXPERIENCE EXHIBIT For the year ended December...
- California Health and Safety Code Section 1358.15
(a) An issuer shall not advertise, solicit, or issue for delivery a Medicare supplement contract to a resident of this state unless the contract has...
- California Health and Safety Code Section 1358.16
(a) An issuer or other entity may provide a commission or other compensation to a solicitor or other representative for the sale of a Medicare...
- California Health and Safety Code Section 1358.17
(a) (1) Medicare supplement contracts shall include a renewal or continuation provision. The language or specifications of the provision shall be consistent with subdivision (a)...
- California Health and Safety Code Section 1358.18
In the interest of full and fair disclosure, and to assure the availability of necessary consumer information to potential subscribers or enrollees not possessing a...
- California Health and Safety Code Section 1358.19
An issuer shall provide a copy of any Medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to...
- California Health and Safety Code Section 1358.20
(a) An issuer, directly or through solicitors or other representatives, shall do each of the following: (1) Establish marketing procedures to ensure that any comparison...
- California Health and Safety Code Section 1358.21
(a) In recommending the purchase or replacement of any Medicare supplement coverage, an issuer or its representative shall make reasonable efforts to determine the appropriateness...
- California Health and Safety Code Section 1358.22
(a) On or before March 1 of each year, an issuer shall report the following information for every individual resident of this state for which...
- California Health and Safety Code Section 1358.225
(a) Every issuer shall, by June 30 of each year, file with the director a list of its Medicare supplement contracts offered or issued or...
- California Health and Safety Code Section 1358.23
(a) If a Medicare supplement contract replaces another Medicare supplement policy or certificate, or contract, the replacing issuer shall waive any time periods applicable to...
- California Health and Safety Code Section 1358.24
This section applies to all contracts that become effective on or after May 21, 2009. (a) In addition to the requirements set forth under Sections...
- California Health and Safety Code Section 1359
(a) The director may require that solicitors and solicitor firms, and principal persons engaged in the supervision of solicitation for plans of solicitor firms, meet...
- California Health and Safety Code Section 1360
(a) No plan, solicitor, solicitor firm, or representative shall use or permit the use of any advertising or solicitation which is untrue or misleading, or...
- California Health and Safety Code Section 1360.1
It is unlawful for any person, including a plan, subject to this chapter to represent or imply in any manner that the person or plan...
- California Health and Safety Code Section 1361
(a) Except as provided in subdivision (b), no plan shall publish or distribute, or allow to be published or distributed on its behalf, any advertisement...
- California Health and Safety Code Section 1361.1
(a) It is an unfair business practice for a solicitor, solicitor firm, or representative of a health care service plan to sell, solicit, or negotiate...
- California Health and Safety Code Section 1362
As used in Sections 1363 and 1364: (a) "Benefits and coverage" means the health care services available under a plan contract. (b) "Exception" means any...
- California Health and Safety Code Section 1363
(a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the...
- California Health and Safety Code Section 1363.01
(a) Every plan that covers prescription drug benefits shall provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan...
- California Health and Safety Code Section 1363.02
(a) The Legislature finds and declares that the right of every patient to receive basic information necessary to give full and informed consent is a...
- California Health and Safety Code Section 1363.03
(a) Every health care service plan that covers prescription drug benefits and that issues a card to enrollees for claims processing purposes shall issue to...
- California Health and Safety Code Section 1363.05
(a) For every plan contract that provides or supplements Medicare benefits, a plan shall include within its disclosure form the following statement in at least...
- California Health and Safety Code Section 1363.06
(a) The Department of Managed Health Care and the Department of Insurance shall compile information as required by this section and Section 10127.14 of the...
- California Health and Safety Code Section 1363.07
(a) Each health care service plan shall send copies of the comparative benefit matrix prepared pursuant to Section 1363.06 on an annual basis, or more...
- California Health and Safety Code Section 1363.1
Any health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the...
- California Health and Safety Code Section 1363.2
On or before July 1, 1999, the disclosure form required pursuant to Section 1363 shall also contain a statement that enrollees are encouraged to use...
- California Health and Safety Code Section 1363.5
(a) A plan shall disclose or provide for the disclosure to the director and to network providers the process the plan, its contracting provider groups,...
- California Health and Safety Code Section 1364
Where the director finds it necessary in the interest of full and fair disclosure, all advertising and other consumer information disseminated by a plan for...
- California Health and Safety Code Section 1364.1
Within 30 days of receiving the notice required by Section 1255.1, a health care service plan shall notify, or provide for the notification of, enrollees...
- California Health and Safety Code Section 1364.5
(a) On or before July 1, 2001, every health care service plan shall file with the director a copy of their policies and procedures to...
- California Health and Safety Code Section 1365
(a) An enrollment or a subscription shall not be canceled or not renewed except for the following reasons: (1) (A) For nonpayment of the required...
- California Health and Safety Code Section 1365.5
(a) No health care service plan or specialized health care service plan shall refuse to enter into any contract or shall cancel or decline to...
- California Health and Safety Code Section 1366
(a) No plan may use in its name, any of the words "insurance," "casualty," "surety," "mutual," or any other words descriptive of the insurance, casualty,...
- California Health and Safety Code Section 1366.1
(a) The department shall adopt regulations on or before July 1, 2003, that establish an extended geographic accessibility standard for access to health care providers...
- California Health and Safety Code Section 1366.1
(a) The department shall adopt regulations on or before July 1, 2003, that establish an extended geographic accessibility standard for access to health care providers...
- California Health and Safety Code Section 1366.2
(a) A full health care service plan shall make available to a group subscriber, upon request, the termination date of all major health care provider...
- California Health and Safety Code Section 1366.3
(a) On and after January 1, 2005, a health care service plan issuing individual plan contracts that ceases to offer individual coverage in this state...
- California Health and Safety Code Section 1366.4
(a) A medical group, physician, or independent practice association that contracts with a health care service plan may enter into contracts with licensed nonphysician providers...
- California Health and Safety Code Section 1366.20
(a) This article shall be known as the California Continuation Benefits Replacement Act, or "Cal-COBRA." (b) It is the intent of the Legislature that continued...
- California Health and Safety Code Section 1366.21
The definitions contained in this section govern the construction of this article. (a) "Continuation coverage" means extended coverage under the group benefit plan in which...
- California Health and Safety Code Section 1366.22
The continuation coverage requirements of this article do not apply to the following individuals: (a) Individuals who are entitled to Medicare benefits or become entitled...
- California Health and Safety Code Section 1366.23
(a) Every health care service plan, including a specialized health care service plan contract, that provides coverage under a group benefit plan to an employer,...
- California Health and Safety Code Section 1366.24
(a) Every health care service plan evidence of coverage, provided for group benefit plans subject to this article, that is issued, amended, or renewed on...
- California Health and Safety Code Section 1366.25
(a) Every group contract between a health care service plan and an employer subject to this article that is issued, amended, or renewed on or...
- California Health and Safety Code Section 1366.26
A qualified beneficiary electing continuation coverage shall pay to the health care service plan, on or before the due date of each payment but not...
- California Health and Safety Code Section 1366.27
(a) The continuation coverage provided pursuant to this article shall terminate at the first to occur of the following: (1) In the case of a...
- California Health and Safety Code Section 1366.28
A health care service plan subject to this article shall not be obligated to provide continuation coverage to a qualified beneficiary pursuant to this article...
- California Health and Safety Code Section 1366.29
(a) A health care service plan shall offer an enrollee who has exhausted continuation coverage under COBRA the opportunity to continue coverage for up to...
- California Health and Safety Code Section 1366.35
(a) A health care service plan providing coverage for hospital, medical, or surgical benefits under an individual health care service plan contract may not, with...
- California Health and Safety Code Section 1366.6
(a) For purposes of this section, the following definitions shall apply: (1) "Exchange" means the California Health Benefit Exchange established in Title 22 (commencing with...
- California Health and Safety Code Section 1367
A health care service plan and, if applicable, a specialized health care service plan shall meet the following requirements: (a) Facilities located in this state...
- California Health and Safety Code Section 1367.001
(a) To the extent required by federal law, every health care service plan that issues, sells, renews, or offers contracts for health care coverage in...
- California Health and Safety Code Section 1367.002
To the extent required by federal law, a group or individual health care service plan contract issued, amended, renewed, or delivered on or after September...
- California Health and Safety Code Section 1367.003
(a) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including...
- California Health and Safety Code Section 1367.01
(a) A health care service plan and any entity with which it contracts for services that include utilization review or utilization management functions, that prospectively,...
- California Health and Safety Code Section 1367.015
In addition to complying with subdivision (h) of Section 1367.01, in determining whether to approve, modify, or deny requests by providers prior to, retrospectively, or...
- California Health and Safety Code Section 1367.02
(a) On or before July 1, 1999, for purposes of public disclosure, every health care service plan shall file with the department a description of...
- California Health and Safety Code Section 1367.03
(a) Not later than January 1, 2004, the department shall develop and adopt regulations to ensure that enrollees have access to needed health care services...
- California Health and Safety Code Section 1367.04
(a) Not later than January 1, 2006, the department shall develop and adopt regulations establishing standards and requirements to provide health care service plan enrollees...
- California Health and Safety Code Section 1367.05
(a) Nothing in this chapter shall prohibit a health care service plan from entering into a contract with a dental college approved by the Board...
- California Health and Safety Code Section 1367.06
(a) A health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after...
- California Health and Safety Code Section 1367.07
Within one year after a health care service plan's assessment pursuant to subdivision (b) of Section 1367.04, the health care service plan shall report to...
- California Health and Safety Code Section 1367.08
A health care service plan shall annually disclose to the governing board of a public agency that is the subscriber of a group contract, the...
- California Health and Safety Code Section 1367.09
(a) An enrollee with coverage for Medicare benefits who is discharged from an acute care hospital shall be allowed to return to a skilled nursing...
- California Health and Safety Code Section 1367.1
Subdivision (i) of Section 1367 shall apply to transitionally licensed plans only insofar as it relates to contracts entered into, amended, delivered, or renewed in...
- California Health and Safety Code Section 1367.2
(a) On and after January 1, 1990, every health care service plan that covers hospital, medical, or surgical expenses on a group basis shall offer...
- California Health and Safety Code Section 1367.3
(a) On and after January 1, 1993, every health care service plan that covers hospital, medical, or surgical expenses on a group basis shall offer...
- California Health and Safety Code Section 1367.35
(a) On and after January 1, 1993, every health care service plan that covers hospital, medical, or surgical expenses on a group basis shall provide...
- California Health and Safety Code Section 1367.36
(a) A risk-based contract between a health care service plan and a physician or physician group that is issued, amended, delivered, or renewed in this...
- California Health and Safety Code Section 1367.4
No plan issuing, providing, or administering any contract of individual or group coverage providing medical, surgical, or dental expense benefits applied for and issued on...
- California Health and Safety Code Section 1367.45
(a) Every individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2002, that covers hospital,...
- California Health and Safety Code Section 1367.46
Every individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2009, that covers hospital, medical,...
- California Health and Safety Code Section 1367.49
(a) A contract issued, amended, renewed, or delivered on or after January 1, 2012, by or on behalf of a health care service plan and...
- California Health and Safety Code Section 1367.5
No health care service plan contract that is issued, amended, renewed, or delivered on and after January 1, 2002, shall contain a provision that prohibits...
- California Health and Safety Code Section 1367.51
(a) Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after...
- California Health and Safety Code Section 1367.54
Every group health care service plan contract that provides maternity benefits, except for a specialized health care service plan contract, that is issued, amended, renewed,...
- California Health and Safety Code Section 1367.6
(a) Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after...
- California Health and Safety Code Section 1367.61
Every health care service plan contract which provides for the surgical procedure known as a laryngectomy and which is issued, amended, delivered, or renewed in...
- California Health and Safety Code Section 1367.62
(a) No health care service plan contract that is issued, amended, renewed, or delivered on or after the effective date of the act adding this...
- California Health and Safety Code Section 1367.63
(a) Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, renewed, or delivered in this state...
- California Health and Safety Code Section 1367.635
(a) Every health care service plan contract that is issued, amended, renewed, or delivered on or after January 1, 1999, that provides coverage for surgical...
- California Health and Safety Code Section 1367.64
(a) Every individual or group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, or renewed...
- California Health and Safety Code Section 1367.65
(a) On or after January 1, 2000, every health care service plan contract, except a specialized health care service plan contract, that is issued, amended,...
- California Health and Safety Code Section 1367.66
Every individual or group health care service plan contract, except for a specialized health care service plan, that is issued, amended, or renewed on or...
- California Health and Safety Code Section 1367.665
Every individual or group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, delivered, or renewed...
- California Health and Safety Code Section 1367.67
Every health care service plan contract that provides hospital, medical, or surgical coverage, that is issued, amended, delivered, or renewed in this state on or...
- California Health and Safety Code Section 1367.68
(a) Any provision in a health care service plan contract entered into, amended, or renewed in this state on or after July 1, 1995, that...
- California Health and Safety Code Section 1367.69
(a) On or after January 1, 1995, every health care service plan contract that provides hospital, medical, or surgical coverage, that is issued, amended, delivered,...
- California Health and Safety Code Section 1367.695
(a) The Legislature finds and declares that the unique, private, and personal relationship between women patients and their obstetricians and gynecologists warrants direct access to...
- California Health and Safety Code Section 1367.7
On and after January 1, 1980, every health care service plan contract that covers hospital, medical, or surgical expenses on a group basis, and which...
- California Health and Safety Code Section 1367.71
(a) Every health care service plan contract, other than a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or...
- California Health and Safety Code Section 1367.8
No plan issuing, providing, or administering any individual or group health care service plan entered into, amended, or issued on or after January 1, 1981,...
- California Health and Safety Code Section 1367.9
No health care service plan contract which covers hospital, medical, or surgical expenses shall be issued, amended, delivered, or renewed in this state on or...
- California Health and Safety Code Section 1367.10
(a) Every health care service plan shall include within its disclosure form and within its evidence of coverage a statement clearly describing how participation in...
- California Health and Safety Code Section 1367.11
(a) Every health care service plan issued, amended, or renewed on or after January 1, 1987, that offers coverage for medical transportation services, shall contain...
- California Health and Safety Code Section 1367.12
No health care service plan that administers Medicare coverage and federal employee programs may require that more than one form be submitted per claim in...
- California Health and Safety Code Section 1367.15
(a) This section shall apply to individual health care service plan contracts and plan contracts sold to employer groups with fewer than two eligible employees...
- California Health and Safety Code Section 1367.18
(a) Every health care service plan, except a specialized health care service plan, that covers hospital, medical, or surgical expenses on a group basis shall...
- California Health and Safety Code Section 1367.19
On and after January 1, 1991, every health care service plan, except a specialized health care service plan, that covers hospital, medical, or surgical expenses...
- California Health and Safety Code Section 1367.20
Every health care service plan that provides prescription drug benefits and maintains one or more drug formularies shall provide to members of the public, upon...
- California Health and Safety Code Section 1367.20
Every health care service plan that provides prescription drug benefits and maintains one or more drug formularies shall provide to members of the public, upon...
- California Health and Safety Code Section 1367.21
(a) No health care service plan contract which covers prescription drug benefits shall be issued, amended, delivered, or renewed in this state if the plan...
- California Health and Safety Code Section 1367.215
(a) Every health care service plan contract that covers prescription drug benefits shall provide coverage for appropriately prescribed pain management medications for terminally ill patients...
- California Health and Safety Code Section 1367.22
(a) A health care service plan contract, issued, amended, or renewed on or after July 1, 1999, that covers prescription drug benefits shall not limit...
- California Health and Safety Code Section 1367.23
(a) On and after January 1, 1994, every group health care service plan contract, which is issued, amended, or renewed, shall include a provision requiring...
- California Health and Safety Code Section 1367.24
(a) Every health care service plan that provides prescription drug benefits shall maintain an expeditious process by which prescribing providers may obtain authorization for a...
- California Health and Safety Code Section 1367.241
(a) Notwithstanding any other provision of law, on and after January 1, 2013, a health care service plan that provides prescription drug benefits shall accept...
- California Health and Safety Code Section 1367.25
(a) Every group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on...
- California Health and Safety Code Section 1367.26
(a) A health care service plan shall provide, upon request, a list of the following contracting providers, within the enrollee's or prospective enrollee's general geographic...
- California Health and Safety Code Section 1367.29
(a) On and after July 1, 2011, in accordance with the requirements of subdivision (b), every health care service plan that provides coverage for professional...
- California Health and Safety Code Section 1367.30
Notwithstanding any other provision of law, every group health care service plan contract marketed, issued, or delivered to a resident of this state, regardless of...
- California Health and Safety Code Section 1368
(a) Every plan shall do all of the following: (1) Establish and maintain a grievance system approved by the department under which enrollees may submit...
- California Health and Safety Code Section 1368.01
(a) The grievance system shall require the plan to resolve grievances within 30 days. (b) The grievance system shall include a requirement for expedited plan...
- California Health and Safety Code Section 1368.015
(a) Effective July 1, 2003, every plan with an Internet Web site shall provide an online form through its Internet Web site that subscribers or...
- California Health and Safety Code Section 1368.016
(a) On or before January 1, 2012, every health care service plan that provides coverage for professional mental health services, including a specialized health care...
- California Health and Safety Code Section 1368.02
(a) The director shall establish and maintain a toll-free telephone number for the purpose of receiving complaints regarding health care service plans regulated by the...
- California Health and Safety Code Section 1368.03
(a) The department may require enrollees and subscribers to participate in a plan's grievance process for up to 30 days before pursuing a grievance through...
- California Health and Safety Code Section 1368.04
(a) The director shall investigate and take enforcement action against plans regarding grievances reviewed and found by the department to involve noncompliance with the requirements...
- California Health and Safety Code Section 1368.1
(a) A plan that denies coverage to an enrollee with a terminal illness, which for the purposes of this section refers to an incurable or...
- California Health and Safety Code Section 1368.2
(a) On and after January 1, 2002, every group health care service plan contract, except a specialized health care service plan contract, which is issued,...
- California Health and Safety Code Section 1368.5
(a) Every health care service plan that offers coverage for a service that is within the scope of practice of a duly licensed pharmacist may...
- California Health and Safety Code Section 1369
Every plan shall establish procedures to permit subscribers and enrollees to participate in establishing the public policy of the plan. For purposes of this section,...
- California Health and Safety Code Section 1370
Every plan shall establish procedures in accordance with department regulations for continuously reviewing the quality of care, performance of medical personnel, utilization of services and...
- California Health and Safety Code Section 1370.1
Nothing in this article shall be construed to prevent a plan from utilizing subcommittees to participate in peer review activities, nor to prevent a plan...
- California Health and Safety Code Section 1370.2
Upon an appeal to the plan of a contested claim, the plan shall refer the claim to the medical director or other appropriately licensed health...
- California Health and Safety Code Section 1370.4
(a) Every health care service plan shall provide an external, independent review process to examine the plan's coverage decisions regarding experimental or investigational therapies for...
- California Health and Safety Code Section 1370.6
(a) For an enrollee diagnosed with cancer and accepted into a phase I, phase II, phase III, or phase IV clinical trial for cancer, every...
- California Health and Safety Code Section 1371
A health care service plan, including a specialized health care service plan, shall reimburse claims or any portion of any claim, whether in state or...
- California Health and Safety Code Section 1371.1
(a) Whenever a health care service plan, including a specialized health care service plan, determines that in reimbursing a claim for provider services an institutional...
- California Health and Safety Code Section 1371.2
No health care service plan, including a specialized health care service plan, shall request reimbursement for overpayment or reduce the level of payment to a...
- California Health and Safety Code Section 1371.22
If a contract between a health care service plan and a provider requires that the provider accept, as payment from the plan, the lowest payment...
- California Health and Safety Code Section 1371.25
A plan, any entity contracting with a plan, and providers are each responsible for their own acts or omissions, and are not liable for the...
- California Health and Safety Code Section 1371.3
On and after January 1, 1994, every group health care service plan that provides hospital, medical, or surgical expense benefits for plan members and their...
- California Health and Safety Code Section 1371.35
(a) A health care service plan, including a specialized health care service plan, shall reimburse each complete claim, or portion thereof, whether in state or...
- California Health and Safety Code Section 1371.36
(a) A health care service plan shall not deny payment of a claim on the basis that the plan, medical group, independent practice association, or...
- California Health and Safety Code Section 1371.36
(a) A health care service plan shall not deny payment of a claim on the basis that the plan, medical group, independent practice association, or...
- California Health and Safety Code Section 1371.37
(a) A health care service plan is prohibited from engaging in an unfair payment pattern, as defined in this section. (b) Consistent with subdivision (a)...
- California Health and Safety Code Section 1371.37
(a) A health care service plan is prohibited from engaging in an unfair payment pattern, as defined in this section. (b) Consistent with subdivision (a)...
- California Health and Safety Code Section 1371.38
(a) The department shall, on or before July 1, 2001, adopt regulations that ensure that plans have adopted a dispute resolution mechanism pursuant to subdivision...
- California Health and Safety Code Section 1371.38
(a) The department shall, on or before July 1, 2001, adopt regulations that ensure that plans have adopted a dispute resolution mechanism pursuant to subdivision...
- California Health and Safety Code Section 1371.39
(a) Providers may report to the department's Office of Plan and Provider Relations, either through the toll-free provider line (877-525-1295) or e-mail address (plans-providers@dmhc.ca.gov), instances...
- California Health and Safety Code Section 1371.39
(a) Providers may report to the department's Office of Plan and Provider Relations, either through the toll-free provider line (877-525-1295) or e-mail address (plans-providers@dmhc.ca.gov), instances...
- California Health and Safety Code Section 1371.4
(a) A health care service plan that covers hospital, medical, or surgical expenses, or its contracting medical providers, shall provide 24-hour access for enrollees and...
- California Health and Safety Code Section 1371.5
(a) No health care service plan that provides basic health care services shall require prior authorization or refuse to pay for any ambulance or ambulance...
- California Health and Safety Code Section 1371.8
A health care service plan that authorizes a specific type of treatment by a provider shall not rescind or modify this authorization after the provider...
- California Health and Safety Code Section 1372
Subject to the applicable provisions of this chapter, a plan may offer one or more plan contracts or specialized health care service plan contracts, except...
- California Health and Safety Code Section 1373
(a) A plan contract may not provide an exception for other coverage if the other coverage is entitlement to Medi-Cal benefits under Chapter 7 (commencing...
- California Health and Safety Code Section 1373.1
Every group plan entered into, amended, or renewed on or after January 1, 1977, which provides hospital, medical, or surgical expense benefits for employees or...
- California Health and Safety Code Section 1373.2
Every group health care service plan entered into, amended, or renewed on or after January 1, 1976, which provides hospital, medical, or surgical expense benefits...
- California Health and Safety Code Section 1373.3
An enrollee shall not be prohibited from selecting as a primary care physician any available primary care physician who contracts with the plan in the...
- California Health and Safety Code Section 1373.4
(a) No health care service plan contract that is issued, amended, renewed, or delivered on or after July 1, 2003, that provides maternity coverage shall...
- California Health and Safety Code Section 1373.5
When a husband and wife are both employed as employees, and both have enrolled themselves and their eligible family members under a group health care...
- California Health and Safety Code Section 1373.6
This section does not apply to a specialized health care service plan contract or to a plan contract that primarily or solely supplements Medicare. The...
- California Health and Safety Code Section 1373.621
(a) Except for a specialized health care service plan, every health care service plan contract that is issued, amended, delivered, or renewed in this state...
- California Health and Safety Code Section 1373.622
(a) After the termination of the pilot program under Section 1373.62, a health care service plan shall continue to provide coverage under the same terms...
- California Health and Safety Code Section 1373.65
(a) At least 75 days prior to the termination date of its contract with a provider group or a general acute care hospital, the health...
- California Health and Safety Code Section 1373.7
A health care service plan contract, which is written or issued for delivery outside of California and which provides benefits for California residents that are...
- California Health and Safety Code Section 1373.8
A health care service plan contract where the plan is licensed to do business in this state and the plan provides coverage that includes California...
- California Health and Safety Code Section 1373.9
(a) Except in the case of a specialized health care service plan, a health care service plan which negotiates and enters into a contract with...
- California Health and Safety Code Section 1373.95
(a) (1) A health care service plan, other than a specialized health care service plan that offers professional mental health services on an employer-sponsored group...
- California Health and Safety Code Section 1373.96
(a) A health care service plan shall at the request of an enrollee, provide the completion of covered services as set forth in this section...
- California Health and Safety Code Section 1373.10
(a) On and after January 1, 1985, every health care service plan, that is not a health maintenance organization or is not a plan that...
- California Health and Safety Code Section 1373.11
A health care service plan that offers or provides one or more podiatry services, as defined in Section 2472 of the Business and Professions Code,...
- California Health and Safety Code Section 1373.12
A health care service plan which offers or provides one or more chiropractic services, as defined in Section 7 of the Chiropractic Initiative Act, as...
- California Health and Safety Code Section 1373.13
(a) It is the intent of the Legislature that all persons licensed in this state to engage in the practice of dentistry shall be accorded...
- California Health and Safety Code Section 1373.14
Except for a preexisting condition, any health care service plan, except a specialized health care service plan, which provides coverage on a group or individual...
- California Health and Safety Code Section 1373.18
Whenever any health care service plan, except a specialized health care service plan, negotiates and enters into a contract with providers to provide services at...
- California Health and Safety Code Section 1373.19
Any health care service plan that includes a term that requires the parties to submit to binding arbitration shall, for those cases or disputes for...
- California Health and Safety Code Section 1373.20
(a) If a plan uses arbitration to settle disputes with enrollees or subscribers, and does not use a professional dispute resolution organization independent of the...
- California Health and Safety Code Section 1373.21
(a) If a health care service plan uses arbitration to settle disputes with enrollees or subscribers, it shall require that an arbitration award be accompanied...
- California Health and Safety Code Section 1374
If a health care service plan entered into, amended, or renewed in this state on or after the effective date of this section provides in...
- California Health and Safety Code Section 1374.3
Notwithstanding any other provision of this chapter or of a health care service plan contract, every health care service plan shall comply with the requirements...
- California Health and Safety Code Section 1374.5
A health care service plan, which is issued, renewed, or amended on or after January 1, 1988, which includes mental health services coverage in nongroup...
- California Health and Safety Code Section 1374.51
No plan may utilize any information regarding whether an enrollee's psychiatric inpatient admission was made on a voluntary or involuntary basis for the purpose of...
- California Health and Safety Code Section 1374.55
(a) On and after January 1, 1990, every health care service plan contract which is issued, amended, or renewed that covers hospital, medical, or surgical...
- California Health and Safety Code Section 1374.56
(a) On and after July 1, 2000, every health care service plan contract, except a specialized health care service plan contract, issued, amended, delivered, or...
- California Health and Safety Code Section 1374.57
(a) No group health care service plan that provides hospital, medical, or surgical expense benefits for employees or subscribers and their dependents shall exclude a...
- California Health and Safety Code Section 1374.58
(a) A group health care service plan that provides hospital, medical, or surgical expense benefits shall provide equal coverage to employers or guaranteed associations, as...
- California Health and Safety Code Section 1374.7
(a) No plan shall refuse to enroll any person or accept any person as a subscriber or renew any person as a subscriber after appropriate...
- California Health and Safety Code Section 1374.75
(a) No health care service plan shall deny, refuse to enroll, refuse to renew, cancel, restrict, or otherwise terminate, exclude, or limit coverage, or charge...
- California Health and Safety Code Section 1374.8
A health care service plan shall not release any information to an employer that would directly or indirectly indicate to the employer that an employee...
- California Health and Safety Code Section 1374.9
For violations of Section 1374.7, the director may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties as follows: (a) Any health...
- California Health and Safety Code Section 1374.10
(a) Every health care service plan that covers hospital, medical or surgical expenses and which is not qualified as a health maintenance organization under Title...
- California Health and Safety Code Section 1374.11
No health care service plan shall deny a claim for hospital, medical, surgical, dental, or optometric services for the sole reason that the individual served...
- California Health and Safety Code Section 1374.12
No health care service plan contract issued, entered into, or renewed on or after July 1, 1984, shall be deemed to contain any provision restricting...
- California Health and Safety Code Section 1374.13
(a) For the purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code shall apply. (b) It...
- California Health and Safety Code Section 1374.15
Any health care service plan shall, upon request by any public entity or political subdivision of the state with whom it has entered into a...
- California Health and Safety Code Section 1374.16
(a) Every health care service plan, except a specialized health care service plan, shall establish and implement a procedure by which an enrollee may receive...
- California Health and Safety Code Section 1374.17
(a) A health care service plan shall not deny coverage that is otherwise available under the plan contract for the costs of solid organ or...
- California Health and Safety Code Section 1374.19
(a) This section shall only apply to a health care service plan covering dental services or a specialized health care service plan contract covering dental...
- California Health and Safety Code Section 1374.195
(a) With respect to a contract between a health care service plan or specialized health care service plan and a dentist to provide covered dental...
- California Health and Safety Code Section 1374.20
(a) No group health care service plan shall change the premium rates or applicable copayments or coinsurances or deductibles for the length of the contract,...
- California Health and Safety Code Section 1374.21
(a) No change in premium rates or changes in coverage stated in a group health care service plan contract shall become effective unless the plan...
- California Health and Safety Code Section 1374.22
(a) The written notice described in subdivision (a) of Section 1374.21 shall be delivered by mail at the last known address at least 60 days...
- California Health and Safety Code Section 1374.23
Notwithstanding subdivision (a) of Section 1374.22, if the plan does not guarantee either premium rates or plan design or benefits for any specified time period...
- California Health and Safety Code Section 1374.24
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any health care service plan...
- California Health and Safety Code Section 1374.25
Proof of mailing a notice and the reason therefor to the appropriate entity or individual at the most current policy or plan address shall be...
- California Health and Safety Code Section 1374.26
The director may, as required by this article, or from time to time as conditions warrant, pursuant to Chapter 3.5 (commencing with Section 11340) of...
- California Health and Safety Code Section 1374.27
The director may levy administrative penalties and may suspend or revoke the license or licenses issued to any health care service plan, after notice and...
- California Health and Safety Code Section 1374.28
In addition to any other penalty provided by law or the availability of any administrative procedure, if a health care service plan, after notice and...
- California Health and Safety Code Section 1374.29
The purpose of this article is to promote the public interest, to prevent unfair and unlawful health care business practices, and to promote adequate consumer...
- California Health and Safety Code Section 1374.30
(a) Commencing January 1, 2001, there is hereby established in the department the Independent Medical Review System. (b) For the purposes of this chapter, "disputed...
- California Health and Safety Code Section 1374.31
(a) If there is an imminent and serious threat to the health of the enrollee, as specified in subdivision (c) of Section 1374.33, all necessary...
- California Health and Safety Code Section 1374.32
(a) By January 1, 2001, the department shall contract with one or more independent medical review organizations in the state to conduct reviews for purposes...
- California Health and Safety Code Section 1374.33
(a) Upon receipt of information and documents related to a case, the medical professional reviewer or reviewers selected to conduct the review by the independent...
- California Health and Safety Code Section 1374.34
(a) Upon receiving the decision adopted by the director pursuant to Section 1374.33 that a disputed health care service is medically necessary, the plan shall...
- California Health and Safety Code Section 1374.35
(a) After considering the results of a competitive bidding process and any other relevant information on program costs, the director shall establish a reasonable, per-case...
- California Health and Safety Code Section 1374.36
(a) The director shall submit to the Legislature by March 1, 2002, a report on the initial implementation of this article. The report shall include...
- California Health and Safety Code Section 1374.27
The director may levy administrative penalties and may suspend or revoke the license or licenses issued to any health care service plan, after notice and...
- California Health and Safety Code Section 1374.28
In addition to any other penalty provided by law or the availability of any administrative procedure, if a health care service plan, after notice and...
- California Health and Safety Code Section 1374.29
The purpose of this article is to promote the public interest, to prevent unfair and unlawful health care business practices, and to promote adequate consumer...
- California Health and Safety Code Section 1374.60
For purpose of this article, the following definitions shall apply: (a) A "point-of-service plan contract" means any plan contract offered by a health care service...
- California Health and Safety Code Section 1374.62
A point-of-service plan contract, in which any risk for out-of-network coverage or services is transferred from a health care service plan through reinsurance, shall be...
- California Health and Safety Code Section 1374.64
(a) Only a plan that has been licensed under this chapter and in operation in this state for a period of five years or more,...
- California Health and Safety Code Section 1374.65
Point-of-service plan contracts shall: (a) Provide incentives, including financial incentives, for enrollees to use in-network coverage or services. (b) Only offer coverage or services obtained...
- California Health and Safety Code Section 1374.66
Any health care service plan that offers a point-of-service plan contract may do all of the following: (a) Limit or exclude coverage for specific types...
- California Health and Safety Code Section 1374.67
A health care service plan offering a point-of-service plan contract is subject to the following limitations: (a) A health care service plan shall limit its...
- California Health and Safety Code Section 1374.68
A health care service plan that offers a point-of-service plan contract shall do all of the following: (a) Deposit with the director or, at the...
- California Health and Safety Code Section 1374.69
At least 20 business days prior to offering a point-of-service plan contract, a health care service plan shall file a notice of material modification in...
- California Health and Safety Code Section 1374.71
No plan formerly registered under the Knox-Mills Health Plan Act (Article 2.5 (commencing with Section 12530) of Chapter 6 of Part 2 of Division 3...
- California Health and Safety Code Section 1374.72
(a) Every health care service plan contract issued, amended, or renewed on or after July 1, 2000, that provides hospital, medical, or surgical coverage shall...
- California Health and Safety Code Section 1374.73
(a) (1) Every health care service plan contract that provides hospital, medical, or surgical coverage shall also provide coverage for behavioral health treatment for pervasive...
- California Health and Safety Code Section 1374.74
(a) The department, in consultation with the Department of Insurance, shall convene an Autism Advisory Task Force by February 1, 2012, in collaboration with other...
- California Health and Safety Code Section 1375.1
(a) Every plan shall have and shall demonstrate to the director that it has all of the following: (1) A fiscally sound operation and adequate...
- California Health and Safety Code Section 1375.2
On and after October 1, 1977, every plan operating under a transitional license shall have a fiscally sound operation.
- California Health and Safety Code Section 1375.3
(a) A health care service plan shall meet and confer with the director and his or her designated representatives at least 10 business days prior...
- California Health and Safety Code Section 1375.4
(a) Every contract between a health care service plan and a risk-bearing organization that is issued, amended, renewed, or delivered in this state on or...
- California Health and Safety Code Section 1375.5
No contract between a risk-bearing organization and a health care service plan that is issued, amended, delivered, or renewed in this state on or after...
- California Health and Safety Code Section 1375.6
No contract between a risk-bearing organization and a health care service plan that is issued, amended, delivered, or renewed in this state on or after...
- California Health and Safety Code Section 1375.7
(a) This section shall be known and may be cited as the Health Care Providers' Bill of Rights. (b) No contract issued, amended, or renewed...
- California Health and Safety Code Section 1375.8
(a) The Legislature finds the following: (1) Because of the nature and cost of certain medical items, the financial risk of these items is better...
- California Health and Safety Code Section 1376
(a) No plan shall conduct any activity regulated by this chapter in contravention of such rules and regulations as the director may prescribe as necessary...
- California Health and Safety Code Section 1376.1
The deposit requirements of Section 1300.76.1 of Title 28 of the California Code of Regulations shall not apply to any plan operated by a county,...
- California Health and Safety Code Section 1377
(a) Every plan which reimburses providers of health care services that do not contract in writing with the plan to provide health care services, or...
- California Health and Safety Code Section 1378
No plan shall expend for administrative costs in any fiscal year an excessive amount of the aggregate dues, fees and other periodic payments received by...
- California Health and Safety Code Section 1379
(a) Every contract between a plan and a provider of health care services shall be in writing, and shall set forth that in the event...
- California Health and Safety Code Section 1379.5
(a) On and after July 1, 2008, every contract between a plan and a health care provider who provides health care services in Mexico to...
- California Health and Safety Code Section 1380
(a) The department shall conduct periodically an onsite medical survey of the health delivery system of each plan. The survey shall include a review of...
- California Health and Safety Code Section 1380.1
(a) The Legislature finds and declares as follows: (1) Multiple medical quality audits of health care providers, as many as 25 for some physician offices,...
- California Health and Safety Code Section 1380.3
Notwithstanding Section 1380, any plan that provides services solely to Medi-Cal beneficiaries pursuant to Chapter 8 (commencing with Section 14200) of Part 3 of Division...
- California Health and Safety Code Section 1381
(a) All records, books, and papers of a plan, management company, solicitor, solicitor firm, and any provider or subcontractor providing health care or other services...
- California Health and Safety Code Section 1382
(a) The director shall conduct an examination of the fiscal and administrative affairs of any health care service plan, and each person with whom the...
- California Health and Safety Code Section 1383
Every plan that is a health maintenance organization qualified under Section 1310(d) of Title XIII of the federal Public Health Service Act, shall provide the...
- California Health and Safety Code Section 1383.1
(a) On or before July 1, 1997, every health care service plan shall file with the department a written policy, which is not subject to...
- California Health and Safety Code Section 1383.15
(a) When requested by an enrollee or participating health professional who is treating an enrollee, a health care service plan shall provide or authorize a...
- California Health and Safety Code Section 1384
(a) Within 90 days after receipt of a request from the director, a plan or other person subject to this chapter shall submit to the...
- California Health and Safety Code Section 1385
Each plan, solicitor firm, and solicitor shall keep and maintain current such books of account and other records as the director may by rule require...
- California Health and Safety Code Section 1385.01
For purposes of this article, the following definitions shall apply: (a) "Large group health care service plan contract" means a group health care service plan...
- California Health and Safety Code Section 1385.02
This article shall apply to health care service plan contracts offered in the individual or group market in California. However, this article shall not apply...
- California Health and Safety Code Section 1385.03
(a) (1) All health care service plans shall file with the department all required rate information for individual and small group health care service plan...
- California Health and Safety Code Section 1385.04
(a) For large group health care service plan contracts, all health plans shall file with the department at least 60 days prior to implementing any...
- California Health and Safety Code Section 1385.05
Notwithstanding any provision in a contract between a health care service plan and a provider, the department may request from a health care service plan...
- California Health and Safety Code Section 1385.06
(a) A filing submitted under this article shall be actuarially sound. (b) (1) The plan shall contract with an independent actuary or actuaries consistent with...
- California Health and Safety Code Section 1385.07
(a) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, all information submitted under this article shall...
- California Health and Safety Code Section 1385.08
(a) On or before July 1, 2012, the director may issue guidance to health care service plans regarding compliance with this article. This guidance shall...
- California Health and Safety Code Section 1385.11
(a) Whenever it appears to the department that any person has engaged, or is about to engage, in any act or practice constituting a violation...
- California Health and Safety Code Section 1385.13
The department shall do all of the following in a manner consistent with applicable federal laws, rules, and regulations: (a) Provide data to the United...
- California Health and Safety Code Section 1386
(a) The director may, after appropriate notice and opportunity for a hearing, by order suspend or revoke any license issued under this chapter to a...
- California Health and Safety Code Section 1387
(a) Any person who violates any provision of this chapter, or who violates any rule or order adopted or issued pursuant to this chapter, shall...
- California Health and Safety Code Section 1388
(a) The director may, after appropriate notice and opportunity for hearing, by order, censure a person acting as a solicitor or solicitor firm, or suspend...
- California Health and Safety Code Section 1389
(a) A person whose license has been revoked, or suspended for more than one year, may petition the director to reinstate the license as provided...
- California Health and Safety Code Section 1389.1
(a) The director shall not approve any plan contract unless the director finds that the application conforms to both of the following requirements: (1) All...
- California Health and Safety Code Section 1389.2
At the request of the director, a health care service plan shall provide a written statement of the actuarial basis for any medical underwriting decision...
- California Health and Safety Code Section 1389.21
(a) A health care service plan shall not rescind a plan contract, or limit any provisions of a plan contract, once an enrollee is covered...
- California Health and Safety Code Section 1389.25
(a) (1) This section shall apply only to a full service health care service plan offering health coverage in the individual market in California and...
- California Health and Safety Code Section 1389.3
No health care service plan shall engage in the practice of postclaims underwriting. For purposes of this section, "postclaims underwriting" means the rescinding, canceling, or...
- California Health and Safety Code Section 1389.4
(a) A full service health care service plan that issues, renews, or amends individual health plan contracts shall be subject to this section. (b) A...
- California Health and Safety Code Section 1389.5
(a) This section shall apply to a health care service plan that provides coverage under an individual plan contract that is issued, amended, delivered, or...
- California Health and Safety Code Section 1389.6
Compensation of a person or entity employed by, or contracted with, a health care service plan shall not be based on, or related in any...
- California Health and Safety Code Section 1389.7
(a) Every health care service plan that offers, issues, or renews individual plan contracts shall offer to any individual, who was covered under an individual...
- California Health and Safety Code Section 1389.8
(a) Notwithstanding any other provision of law, an agent, broker, solicitor, solicitor firm, or representative who assists an applicant in submitting an application to a...
- California Health and Safety Code Section 1390
Any person who willfully violates any provision of this chapter or of any rule or order thereunder shall upon conviction be fined not more than...
- California Health and Safety Code Section 1391
(a) (1) The director may issue an order directing a plan, solicitor firm, or any representative thereof, a solicitor, or any other person to cease...
- California Health and Safety Code Section 1391.5
(a) If, after examination or investigation, the director has reasonable grounds to believe that irreparable loss and injury to the plan's enrollee or enrollees occurred...
- California Health and Safety Code Section 1392
(a) (1) Whenever it appears to the director that any person has engaged, or is about to engage, in any act or practice constituting a...
- California Health and Safety Code Section 1393
(a) The superior court of the county in which is located the principal office of the plan in this state shall, upon the filing by...
- California Health and Safety Code Section 1393.5
(a) A person who violates Section 1349, or any person who directly or indirectly participates in the direction of the management or policies of the...
- California Health and Safety Code Section 1393.6
For violations of Article 3.1 (commencing with Section 1357) and Article 3.15 (commencing with Section 1357.50), the director may, after appropriate notice and opportunity for...
- California Health and Safety Code Section 1394
The civil, criminal, and administrative remedies available to the director pursuant to this article are not exclusive, and may be sought and employed in any...
- California Health and Safety Code Section 1394.1
Notwithstanding any other provision of law, the director may file a verified complaint for involuntary dissolution of a health care service plan on any one...
- California Health and Safety Code Section 1394.2
Notwithstanding any other provision of law, in any involuntary dissolution of a health care service plan as provided for in Section 1394.1, or other insolvency...
- California Health and Safety Code Section 1394.3
Except as provided for in Section 1394.1, and 1394.2, the involuntary dissolution of a health care service plan shall be in accordance with either of...
- California Health and Safety Code Section 1394.5
When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule, regulation, or order...
- California Health and Safety Code Section 1394.7
(a) As used in this section the following definitions shall apply: (1) "Health care service plan" means any plan as defined in Section 1345, but...
- California Health and Safety Code Section 1394.8
(a) As used in this section: (1) "Carrier" means a specialized health care service plan, and any of the following entities which offer coverage comparable...
- California Health and Safety Code Section 1395
(a) Notwithstanding Article 6 (commencing with Section 650) of Chapter 1 of Division 2 of the Business and Professions Code, any health care service plan...
- California Health and Safety Code Section 1395.5
(a) Except as provided in subdivisions (b) and (c), no contract that is issued, amended, renewed, or delivered on or after January 1, 1999, between...
- California Health and Safety Code Section 1395.6
(a) In order to prevent the improper selling, leasing, or transferring of a health care provider's contract, it is the intent of the Legislature that...
- California Health and Safety Code Section 1395.7
(a) A staff-model dental health care service plan that arranges for or establishes credit extended by a third party shall establish and comply with policies...
- California Health and Safety Code Section 1396
It is unlawful for any person willfully to make any untrue statement of material fact in any application, notice, amendment, report, or other submission filed...
- California Health and Safety Code Section 1396.5
A nonprofit hospital corporation which substantially indemnified subscribers and enrollees and was operating in 1965 under Chapter 11A (commencing with Section 11490) of Part 2...
- California Health and Safety Code Section 1397
(a) Whenever reference is made in this chapter to a hearing before or by the director, the hearing shall be held in accordance with the...
- California Health and Safety Code Section 1397.5
(a) The director shall make and file annually with the Department of Managed Health Care as a public record, an aggregate summary of grievances against...
- California Health and Safety Code Section 1397.6
The director may contract with necessary medical consultants to assist with the health care program. These contracts shall be on a noncompetitive bid basis and...
- California Health and Safety Code Section 1398.5
All references to the Knox-Mills Health Plan Act (Article 2.5 (commencing with Section 12530) of Chapter 6 of Part 2 of Division 3 of the...
- California Health and Safety Code Section 1399
(a) Surrender of a license as a health plan becomes effective 30 days after receipt of an application to surrender the license or within a...
- California Health and Safety Code Section 1399.1
(a) All orders and other actions taken by the Commissioner of Corporations pursuant to the authority contained in subdivision (c) of Section 1350 on or...
- California Health and Safety Code Section 1399.5
It is the intent of the Legislature that the provisions of this chapter shall be applicable to any private or public entity or political subdivision...
- California Health and Safety Code Section 1399.55
Health care service plans shall, upon rejecting a claim from a health care provider or a patient, and upon their demand, disclose the specific rationale...
- California Health and Safety Code Section 1399.56
Compensation of a person retained by a health care service plan to review claims for health care services shall not be based on either of...
- California Health and Safety Code Section 1399.57
This article does not apply to services or benefits provided pursuant to Medi-Cal, including services or benefits provided under Chapters 7 (commencing with Section 14000)...
- California Health and Safety Code Section 1399.60
The provisions of this article shall apply to all group health care service contracts issued in this state pursuant to this chapter.
- California Health and Safety Code Section 1399.61
In this article, unless the context otherwise requires: (a) "Carrier" shall mean the health care service plan or other entity responsible for the payment of...
- California Health and Safety Code Section 1399.62
(a) Every contract containing hospital, medical, or surgical expense benefits or service benefits shall contain a reasonable extension of such benefits upon discontinuance of the...
- California Health and Safety Code Section 1399.63
(a) Any carrier providing replacement coverage with respect to hospital, medical or surgical expense or service benefits within a period of 60 days from the...
- California Health and Safety Code Section 1399.64
This article shall apply to all contracts issued, delivered, amended, or renewed in this state after January 1, 1977. A policy subject to the provisions...
- California Health and Safety Code Section 1399.70
(a) In addition to the information required by subdivision (a) of Section 1399.73, a nonprofit health care service plan submitting an application to the director...
- California Health and Safety Code Section 1399.71
(a) Any nonprofit health care service plan that intends to restructure its activities as defined in subdivision (d) shall, prior to restructuring, secure approval from...
- California Health and Safety Code Section 1399.72
(a) Any health care service plan that intends to convert from nonprofit to for-profit status, as defined in subdivision (b), shall, prior to the conversion,...
- California Health and Safety Code Section 1399.73
(a) An application for a conversion or restructuring shall contain the information the director may require, by rule or order. (b) The director shall charge...
- California Health and Safety Code Section 1399.74
(a) By July 1, 1996, the director shall adopt regulations, on an emergency basis, that specify the application procedures and requirements for the restructuring or...
- California Health and Safety Code Section 1399.75
(a) This article shall apply to the restructuring or conversion of nonprofit mutual benefit health care service plans to the extent these plans have held...
- California Health and Safety Code Section 1399.76
This article shall not apply to a nonprofit health care service plan restructure or conversion that has been submitted as a material modification to the...
- California Health and Safety Code Section 1399.801
As used in this article: (a) "Creditable coverage" means: (1) Any individual or group policy, contract, or program that is written or administered by a...
- California Health and Safety Code Section 1399.802
Every health care service plan offering plan contracts to individuals shall, in addition to complying with the provisions of this chapter and the rules adopted...
- California Health and Safety Code Section 1399.803
Nothing in this article shall be construed to preclude the application of this chapter to either of the following: (a) an association, trust, or other...
- California Health and Safety Code Section 1399.804
(a) Commencing January 1, 2001, a plan shall fairly and affirmatively offer, market, and sell the health care service plan contracts described in subdivision (d)...
- California Health and Safety Code Section 1399.805
(a) (1) After the federally eligible defined individual submits a completed application form for a plan contract, the plan shall, within 30 days, notify the...
- California Health and Safety Code Section 1399.806
A plan may not exclude any federally eligible defined individual, or his or her dependents, who would otherwise be entitled to health care services on...
- California Health and Safety Code Section 1399.809
The director may require a plan to discontinue the offering of contracts or the acceptance of applications from any individual upon a determination by the...
- California Health and Safety Code Section 1399.810
All health care service plan contracts offered to a federally eligible defined individual shall be renewable with respect to the individual and dependents at the...
- California Health and Safety Code Section 1399.811
Premiums for contracts offered, delivered, amended, or renewed by plans on or after January 1, 2001, shall be subject to the following requirements: (a) The...
- California Health and Safety Code Section 1399.812
Plans shall apply premiums consistently with respect to all federally eligible defined individuals who apply for coverage.
- California Health and Safety Code Section 1399.813
In connection with the offering for sale of any plan contract to an individual, each plan shall make a reasonable disclosure, as part of its...
- California Health and Safety Code Section 1399.814
Nothing in this article shall be construed to require a health benefit plan to offer a contract to an individual if the plan does not...
- California Health and Safety Code Section 1399.815
(a) At least 20 business days prior to renewing or amending a plan contract subject to this article, or at least 20 business days prior...
- California Health and Safety Code Section 1399.816
Carriers and health care service plans that offer contracts to individuals may elect to establish a mechanism or method to share in the financing of...
- California Health and Safety Code Section 1399.817
The director may issue regulations that are necessary to carry out the purposes of this article. Any rules and regulations adopted pursuant to this article...
- California Health and Safety Code Section 1399.818
This article shall apply to health care service plan contracts offered, delivered, amended, or renewed on or after January 1, 2001.
- California Health and Safety Code Section 1399.825
As used in this article: (a) "Child" means any individual under 19 years of age. (b) "Individual grandfathered plan coverage" means health care coverage in...
- California Health and Safety Code Section 1399.826
(a) (1) During each open enrollment period, every health care service plan offering plan contracts in the individual market, other than individual grandfathered plan coverage,...
- California Health and Safety Code Section 1399.827
This article shall not apply to health care service plan contracts for coverage of Medicare services pursuant to contracts with the United States government, Medicare...
- California Health and Safety Code Section 1399.828
(a) Upon the effective date of this article, a health care service plan shall fairly and affirmatively offer, market, and sell all of the plan's...
- California Health and Safety Code Section 1399.829
(a) A health care service plan may use the following characteristics of an eligible child for purposes of establishing the rate of the plan contract...
- California Health and Safety Code Section 1399.832
No health care service plan shall be required to offer a health care service plan contract or accept applications for the contract pursuant to this...
- California Health and Safety Code Section 1399.833
The director may require a health care service plan to discontinue the offering of contracts or acceptance of applications from any individual or child or...
- California Health and Safety Code Section 1399.834
(a) All health care service plan contracts offered to a child or on behalf of a child to a responsible party for a child shall...
- California Health and Safety Code Section 1399.835
On or before July 1, 2011, the director may issue guidance to health plans regarding compliance with this article and that guidance shall not be...
- California Health and Safety Code Section 1399.812
Plans shall apply premiums consistently with respect to all federally eligible defined individuals who apply for coverage.
- California Health and Safety Code Section 1399.813
In connection with the offering for sale of any plan contract to an individual, each plan shall make a reasonable disclosure, as part of its...
- California Health and Safety Code Section 1399.814
Nothing in this article shall be construed to require a health benefit plan to offer a contract to an individual if the plan does not...
- California Health and Safety Code Section 1399.815
(a) At least 20 business days prior to renewing or amending a plan contract subject to this article, or at least 20 business days prior...
- California Health and Safety Code Section 1399.816
Carriers and health care service plans that offer contracts to individuals may elect to establish a mechanism or method to share in the financing of...
- California Health and Safety Code Section 1399.817
The director may issue regulations that are necessary to carry out the purposes of this article. Any rules and regulations adopted pursuant to this article...
- California Health and Safety Code Section 1399.818
This article shall apply to health care service plan contracts offered, delivered, amended, or renewed on or after January 1, 2001.
- California Health and Safety Code Section 1399.900
(a) For the purposes of this chapter, "disease management organization" means an entity that provides disease management programs and services and that contracts with any...
- California Health and Safety Code Section 1399.901
For the purposes of this chapter, "disease management programs and services" means services administered to patients in order to improve their overall health and to...
- California Health and Safety Code Section 1399.902
(a) Every disease management organization shall obtain physician authorization prior to the time that the disease management organization, its employees, or independent contractors do either...
- California Health and Safety Code Section 1399.903
A disease management organization may receive medical information as provided in paragraph (17) of subdivision (c) of Section 56.10 of the Civil Code. However, a...
- California Health and Safety Code Section 1399.904
A disease management organization shall not use medical information obtained pursuant to Section 1399.903 to solicit or to offer for sale to a health care...
- California Health and Safety Code Section 1400
(a) It is unlawful for any person, association, or corporation to establish, conduct or maintain a referral agency or to refer any person for remuneration...
- California Health and Safety Code Section 1401
As used in this chapter "referral agency" means a private, profit or nonprofit agency which is engaged in the business of referring persons for remuneration...
- California Health and Safety Code Section 1403
Each application for a license or renewal of license under this chapter shall be accompanied by an annual Licensing and Certification Program fee set in...
- California Health and Safety Code Section 1404
No licensee under this chapter shall have a direct or indirect financial interest in any medical facility doing business with the licensee.
- California Health and Safety Code Section 1404.5
A license application shall be submitted to the department whenever any of the following circumstances occur: (a) Change of ownership of the referral agency. (b)...
- California Health and Safety Code Section 1405
Any person, partnership, firm, corporation or association desiring to obtain a license shall file with the department an application on forms furnished by the department....
- California Health and Safety Code Section 1406
This chapter shall not apply to any local public agency performing referral services without cost to recipients of public social services when otherwise authorized by
- California Health and Safety Code Section 1407
(a) Any licensee desiring to voluntarily surrender his or her license for cancellation or temporary suspension shall notify the department in writing as soon as...
- California Health and Safety Code Section 1408
(a) Upon verification of compliance with this chapter and with the approval of the department, the department shall issue the license to the applicant. (b)...
- California Health and Safety Code Section 1409
Separate licenses shall be required for referral agencies which are maintained on separate, noncontiguous premises.
- California Health and Safety Code Section 1409.1
The license or true copy thereof shall be conspicuously posted in a prominent location accessible to public view.
- California Health and Safety Code Section 1409.2
Licenses issued pursuant to this article are not transferable.
- California Health and Safety Code Section 1409.3
(a) The licensee shall notify the department within 10 days in writing when a change of stockholder owning 10 percent or more of the nonpublic...
- California Health and Safety Code Section 1410
The department may suspend or revoke licenses issued under this chapter for violation of any provisions of this chapter or rules and regulations promulgated hereunder....
- California Health and Safety Code Section 1411
A violation of the provisions of this chapter or rules and regulations promulgated hereunder by a person licensed pursuant to Division 2 (commencing with Section...
- California Health and Safety Code Section 1412
Any person, association or corporation referring persons without a license in violation of Section 1400 shall be liable for a civil penalty in the amount...
- California Health and Safety Code Section 1413
Civil penalties collected pursuant to this article shall be used to administer the provisions of this chapter.
- California Health and Safety Code Section 1416
This chapter shall be known and may be cited as the Nursing Home Administrators' Act.
- California Health and Safety Code Section 1416.1
There is hereby established in the State Department of Health Services a Nursing Home Administrator Program (NHAP), which shall license and regulate nursing home administrators.
- California Health and Safety Code Section 1416.2
(a) The following definitions shall apply to this chapter: (1) "Department" means the State Department of Health Services. (2) "NHAP" or "program" means the Nursing...
- California Health and Safety Code Section 1416.4
The program shall adopt rules and regulations that are reasonably necessary to carry out this chapter. The rules and regulations shall be adopted, amended, and...
- California Health and Safety Code Section 1416.6
(a) It shall be a misdemeanor for any person to act or serve in the capacity of a nursing home administrator, unless he or she...
- California Health and Safety Code Section 1416.10
In conformity with the requirements of Section 1908(c) of the Social Security Act (42 U.S.C. Sec. 1396g(c)), the program shall have all of the following...
- California Health and Safety Code Section 1416.12
The following enforcement actions taken by the department against a facility and the name of the licensed administrator of the facility shall be reported to...
- California Health and Safety Code Section 1416.20
(a) The nursing home administrator licensing examination shall cover the broad aspects of nursing home administration. (b) Unless otherwise provided in this article, every applicant...
- California Health and Safety Code Section 1416.22
(a) To qualify for the licensing examination, an applicant must be at least 18 years of age, be a citizen of the United States or...
- California Health and Safety Code Section 1416.23
(a) Upon request of an applicant who is a member of a church or religious denomination, recognized by the Internal Revenue Service under Section 501(c)(3)...
- California Health and Safety Code Section 1416.24
(a) An application for a nursing home administrator license shall be submitted to the program on a form provided by the program, with the appropriate...
- California Health and Safety Code Section 1416.26
(a) As part of the application process for a nursing home administrator license, an applicant shall electronically submit fingerprint images and related information, for a...
- California Health and Safety Code Section 1416.28
(a) Notwithstanding any other law, the program shall at the time of application, issuance, or renewal of a nursing home administrator license require that the...
- California Health and Safety Code Section 1416.30
(a) The program shall require compliance with any judgment or order for support prior to issuance or renewal of a license. (b) Each applicant for...
- California Health and Safety Code Section 1416.32
(a) Prior to admission to the licensing examination, the applicant shall read and sign an examination security agreement and comply with its terms. (b) The...
- California Health and Safety Code Section 1416.34
(a) (1) In order to have a passing score on either the national or state examination, an examinee shall earn a score of at least...
- California Health and Safety Code Section 1416.36
(a) The fees prescribed by this chapter are as follows: (1) The application fee for reviewing an applicant's eligibility to take the examination shall be...
- California Health and Safety Code Section 1416.38
(a) The Nursing Home Administrator's State License Examining Board Fund in the Professions and Vocations Fund in the State Treasury is hereby renamed the Nursing...
- California Health and Safety Code Section 1416.40
(a) For purposes of this chapter, "reciprocity applicant" means any applicant who holds a current license as a nursing home administrator in another state has...
- California Health and Safety Code Section 1416.42
(a) Except for provisional licenses issued pursuant to Section 1416.40, each license issued pursuant to this chapter shall expire 24 months from the date of...
- California Health and Safety Code Section 1416.44
(a) Notwithstanding any other provision of law, a licensee who permitted his or her license to expire while serving in any branch of the armed...
- California Health and Safety Code Section 1416.45
A licensee may not engage in licensed activity while his or her license is suspended or revoked, or after it has expired.
- California Health and Safety Code Section 1416.46
(a) A revoked license may not be renewed. (b) A licensee whose license has been revoked may petition the program for reinstatement after a period...
- California Health and Safety Code Section 1416.48
A licensee who does not intend to engage in activity requiring nursing home administrator licensure may file a request to place his or her license...
- California Health and Safety Code Section 1416.50
(a) For purposes of this chapter, "continuing education" means any course of study offered by an educational institution, association, professional society, or organization for the...
- California Health and Safety Code Section 1416.55
(a) An Administrator-in-Training Program (AIT Program) shall be developed by the NHAP, in consultation with representatives from the long-term care industry and advocacy groups. The...
- California Health and Safety Code Section 1416.57
(a) An individual may, upon compliance with the requirements of this section, be approved by the program to be a preceptor who is authorized to...
- California Health and Safety Code Section 1416.60
Each licensee shall, within 30 days, after each appointment as the designated administrator of a nursing home and after any termination of that appointment, notify...
- California Health and Safety Code Section 1416.62
The program shall maintain a current list of nursing home administrators who have been placed on probation or had their licenses suspended or revoked within...
- California Health and Safety Code Section 1416.64
(a) The program shall maintain a record of enforcement actions reported to the program, pursuant to Section 1416.12. The program shall routinely review the citation...
- California Health and Safety Code Section 1416.66
(a) The program shall develop and make available a form that may be utilized at the nursing home administrator's option to provide the program with...
- California Health and Safety Code Section 1416.68
(a) It is the responsibility of the nursing home administrator as the managing officer of the facility to plan, organize, direct, and control the day-to-day...
- California Health and Safety Code Section 1416.69
(a) Within 24 hours after the nursing home administrator acquires actual knowledge or credible information that any of the events specified in subdivision (b) has...
- California Health and Safety Code Section 1416.70
(a) The program shall establish a system for the issuance of citations to licensees, examinees, or participants of any program activity offered or approved by...
- California Health and Safety Code Section 1416.72
(a) The program may issue a citation to any person who holds a license from the program and who violates any statute or regulation governing...
- California Health and Safety Code Section 1416.74
(a) The time allowed for abatement of violation shall begin the first day after the order of abatement has been served or received. If a...
- California Health and Safety Code Section 1416.75
The program may deny, or may suspend or revoke, a license upon any of the following grounds: (a) Gross negligence. (b) Incompetence. (c) The conviction...
- California Health and Safety Code Section 1416.76
(a) The program may deny a nursing home administrator applicant or licensee, a license, based on one of the following grounds: (1) Conviction of a...
- California Health and Safety Code Section 1416.77
The program may deny, or may suspend or revoke, a nursing home administrator license or participation in specific training program areas under this chapter upon...
- California Health and Safety Code Section 1416.78
(a) The program may place a nursing home administrator license on probation in lieu of formal action to suspend or revoke the license if the...
- California Health and Safety Code Section 1416.80
Upon the determination to deny application for licensure for grounds specified in Section 1416.77, the program shall immediately notify the applicant in writing by certified...
- California Health and Safety Code Section 1416.82
(a) Proceedings to suspend or revoke licensure for grounds specified in Section 1416.77 shall be conducted in accordance with Section 100171. In the event of...
- California Health and Safety Code Section 1416.84
Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this chapter,...
- California Health and Safety Code Section 1416.86
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions...
- California Health and Safety Code Section 1417
This chapter shall be known and may be cited as the Long-Term Care, Health, Safety, and Security Act of 1973.
- California Health and Safety Code Section 1417.1
It is the intent of the Legislature in enacting this chapter to establish (1) a citation system for the imposition of prompt and effective civil...
- California Health and Safety Code Section 1417.15
(a) (1) If one or more of the following remedies is actually imposed for violation of state or federal requirements, the long-term health care facility...
- California Health and Safety Code Section 1417.2
(a) Notwithstanding Section 1428, moneys collected as a result of state and federal civil penalties imposed under this chapter or federal law shall be deposited...
- California Health and Safety Code Section 1417.3
The department shall promote quality of care and quality of life for residents, clients, and patients in long-term health care facility services through specific activities...
- California Health and Safety Code Section 1417.4
(a) There is hereby established in the state department the Quality Awards Program for nursing homes. (b) The department shall establish criteria under the program,...
- California Health and Safety Code Section 1418
As used in this chapter: (a) "Long-term health care facility" means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any...
- California Health and Safety Code Section 1418.1
(a) Any person receiving respite care services shall be permitted to bring medications to the skilled nursing facility or intermediate care facility if the contents...
- California Health and Safety Code Section 1418.2
(a) Every facility licensed pursuant to subdivisions (c), (d), (e), and (g) of Section 1250 and every skilled nursing facility licensed separately under subdivision (a)...
- California Health and Safety Code Section 1418.21
(a) A skilled nursing facility that has been certified for purposes of Medicare or Medicaid shall post the overall facility rating information determined by the...
- California Health and Safety Code Section 1418.3
(a) Each licensed skilled nursing facility shall, when requested by a member of a patient's family, allow the family to meet privately with a family...
- California Health and Safety Code Section 1418.4
(a) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of...
- California Health and Safety Code Section 1418.5
No regulation adopted with respect to skilled nursing facilities or intermediate care facilities shall prohibit patients in the facility from storing nonprescription or topical ophthalmic...
- California Health and Safety Code Section 1418.6
No long-term health care facility shall accept or retain any patient for whom it cannot provide adequate care.
- California Health and Safety Code Section 1418.7
(a) Long-term health care facilities, as defined in Section 1418, shall develop and implement policies and procedures designed to reduce theft and loss. (b) The...
- California Health and Safety Code Section 1418.8
(a) If the attending physician and surgeon of a resident in a skilled nursing facility or intermediate care facility prescribes or orders a medical intervention...
- California Health and Safety Code Section 1418.81
(a) In order to assure the provision of quality patient care and as part of the planning for that quality patient care, commencing at the...
- California Health and Safety Code Section 1418.9
(a) If the attending physician and surgeon of a resident in a skilled nursing facility prescribes, orders, or increases an order for an antipsychotic medication...
- California Health and Safety Code Section 1418.91
(a) A long-term health care facility shall report all incidents of alleged abuse or suspected abuse of a resident of the facility to the department...
- California Health and Safety Code Section 1419
(a) The department shall establish a centralized consumer response unit within the Licensing and Certification Division of the department to respond to consumer inquiries and...
- California Health and Safety Code Section 1420
(a) (1) Upon receipt of a written or oral complaint, the state department shall assign an inspector to make a preliminary review of the complaint...
- California Health and Safety Code Section 1421
(a) Any duly authorized officer, employee, or agent of the state department may enter and inspect any long-term health care facility, including, but not limited...
- California Health and Safety Code Section 1421.1
(a) Within 24 hours of the occurrence of any of the events specified in subdivision (b), the licensee of a skilled nursing facility shall notify...
- California Health and Safety Code Section 1421.5
(a) (1) Within 24 hours of the filing of a bankruptcy petition under Title 11 of the United States Code or any other laws of...
- California Health and Safety Code Section 1422
(a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest...
- California Health and Safety Code Section 1422.1
(a) Notwithstanding Section 1422, the State Department of Health Services shall conduct, when feasible, annual licensing inspections of licensed long-term health care facilities providing special...
- California Health and Safety Code Section 1422.5
(a) The department shall develop and establish a consumer information service system to provide updated and accurate information to the general public and consumers regarding...
- California Health and Safety Code Section 1422.6
Each skilled nursing facility and intermediate care facility shall post a copy of the notice required pursuant to Section 9718 of the Welfare and Institutions...
- California Health and Safety Code Section 1422.7
The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with copies of inspection...
- California Health and Safety Code Section 1423
(a) If upon inspection or investigation the director determines that any nursing facility is in violation of any state or federal law or regulation relating...
- California Health and Safety Code Section 1423.5
(a) The state department shall centrally review federal deficiencies and supporting documentation that may require the termination of certification for a nursing facility. The state...
- California Health and Safety Code Section 1424
Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face thereof....
- California Health and Safety Code Section 1424.1
(a) On and after the effective date of this section, no citation shall be issued or sustained under this chapter for a violation of any...
- California Health and Safety Code Section 1424.5
(a) In lieu of the fines specified in subdivisions (c), (d), (e), and (g) of Section 1424, fines imposed on skilled nursing facilities or intermediate...
- California Health and Safety Code Section 1425
Where a licensee has failed to correct a violation within the time specified in the citation, the state department shall assess the licensee a civil...
- California Health and Safety Code Section 1426
After consultation with industry, professional, and consumer groups affected thereby, but not later than three months after the effective date of this chapter, the director...
- California Health and Safety Code Section 1427
(a) When the administration of medications, treatments, or other care is not recorded, as required by law, in the health care record for a patient...
- California Health and Safety Code Section 1428
(a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty therefor, the licensee shall use the processes described...
- California Health and Safety Code Section 1428.1
Except as provided in subdivision (b) of Section 1424.5, a licensee may, in lieu of contesting a citation pursuant to Section 1428, transmit to the...
- California Health and Safety Code Section 1428.2
In the case of a class "A" or class "AA" citation issued to a long-term health care facility which is appealed, the citation shall expire...
- California Health and Safety Code Section 1429
(a) Each class "AA" and class "A" citation specified in subdivisions (c) and (d) of Section 1424 that is issued, or a copy or copies...
- California Health and Safety Code Section 1429.1
(a) If a long-term health care facility licensed as a skilled nursing facility or an intermediate care facility, as defined in paragraphs (1) and (2)...
- California Health and Safety Code Section 1430
(a) Except where the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class "A"...
- California Health and Safety Code Section 1431
It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way...
- California Health and Safety Code Section 1432
(a) No licensee shall discriminate or retaliate in any manner against any complainant, or any patient or employee in its long-term health care facility, on...
- California Health and Safety Code Section 1432.1
No licensee shall be cited for any violation caused by any person licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000)...
- California Health and Safety Code Section 1433
The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the...
- California Health and Safety Code Section 1434
Commencing in 1974, the state department shall, on or before February 1 of each year, notify all public agencies which refer patients to long-term health...
- California Health and Safety Code Section 1436
On or before July 1, 1974, the state department shall provide for additional and ongoing training for inspectors charged with implementation of this chapter in...
- California Health and Safety Code Section 1437
If a health facility, or an applicant for a license has not been previously licensed pursuant to Chapter 2 (commencing with Section 1250), the state...
- California Health and Safety Code Section 1437.5
(a) If a facility is certified to participate in the federal Medicare program as a skilled nursing facility under Title XVIII of the Social Security...
- California Health and Safety Code Section 1438
The state department shall review the effectiveness of the enforcement system in maintaining the quality of care provided by long-term health care facilities and shall...
- California Health and Safety Code Section 1439
Any writing received, owned, used, or retained by the state department in connection with the provisions of this chapter is a public record within the...
- California Health and Safety Code Section 1439.2
Every long-term health care facility shall provide an activity program to the residents of the facility to meet the needs and interests of the residents...
- California Health and Safety Code Section 1439.5
(a) The state department shall undertake the immediate development, implementation, and maintenance of an automated information system. The automated information system shall be developed to...
- California Health and Safety Code Section 1439.7
Notwithstanding Section 14124.7 of the Welfare and Institutions Code, a long-term health care facility participating as a provider under the Medi-Cal program may transfer or...
- California Health and Safety Code Section 1439.8
Every long-term health care facility shall reveal to applicants for admission, or their designated representatives, orally and in writing, and prior to admission, whether the...
- California Health and Safety Code Section 1440
As used in this chapter the term "board" means the board of supervisors of a county.
- California Health and Safety Code Section 1441
The board of supervisors in each county may establish and maintain a county hospital, prescribe rules for the government and management thereof, appoint a county...
- California Health and Safety Code Section 1441.5
(a) A member of a county hospital's medical or allied health professional staff who is an officer of the board of supervisors, or of a...
- California Health and Safety Code Section 1442.5
(a) Prior to (1) closing , (2) eliminating or reducing the level of medical services provided by, or (3) the leasing, selling, or transfer of...
- California Health and Safety Code Section 1443
The board may provide for transporting the needy sick to and from hospitals to which they may be sent by authority of the board, and...
- California Health and Safety Code Section 1444
The board of supervisors in each county or city and county, having a population of one million or more, may purchase ambulances, establish and maintain...
- California Health and Safety Code Section 1444.6
If a county hospital requests an ambulance to transfer a mental health patient who is unstable and has a history of being assaultive to another...
- California Health and Safety Code Section 1445
Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, the boards of supervisors in each...
- California Health and Safety Code Section 1446
Except as otherwise provided in this chapter, a person, in order to be eligible for care, shall be a resident of the state and county...
- California Health and Safety Code Section 1447
Notwithstanding any other provisions of the Welfare and Institutions Code, the county which is responsible for the payment of public assistance to any person or...
- California Health and Safety Code Section 1451
(a) Except as otherwise provided in this section, the board shall not let the care, maintenance, or attendance of the indigent sick or dependent poor...
- California Health and Safety Code Section 1451.5
The board may authorize payment for care provided, on or after January 1, 1962, to an indigent resident of the county in a hospital or...
- California Health and Safety Code Section 1452
The board of supervisors of counties of the 20th class and 40th to 58th class, inclusive, in connection with the administration of a county hospital...
- California Health and Safety Code Section 1453
The board of supervisors of any county in connection with the administration of any county hospital may establish in the county treasury a special fund...
- California Health and Safety Code Section 1454
In any county where a county hospital has been established, any expectant mother who is unable to pay for her necessary care shall be admitted...
- California Health and Safety Code Section 1455
The board shall appoint a suitable graduate, or graduates, in medicine to attend such indigent sick or dependent poor in the county hospitals and almshouses.
- California Health and Safety Code Section 1456
(a) In the interest of public health and safety the board of supervisors of any county which maintains a county hospital may by ordinance establish...
- California Health and Safety Code Section 1457
(a) The State Department of Health Services, with the advice of the State Department of Social Services, shall prescribe the records to be kept by...
- California Health and Safety Code Section 1458
The board may provide a farm in connection with the county hospital or almshouse and may make regulations for working the same.
- California Health and Safety Code Section 1459
No county hospital which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such hospital, shall require the individual...
- California Health and Safety Code Section 1460
(a) Upon a determination and establishment of the need to recruit and retain registered nurses, licensed vocational nurses, X-ray technicians, laboratory technologists, and other health...
- California Health and Safety Code Section 1461
Notwithstanding any other provisions of law, the board of directors of any hospital subject to this chapter may order that any hearings on the reports...
- California Health and Safety Code Section 1461
Notwithstanding any other provisions of law, the board of directors of any hospital subject to this chapter may order that any hearings on the reports...
- California Health and Safety Code Section 1462
(a) Except as provided in this section or Section 1461, all of the sessions of the board of directors of any hospital subject to this...
- California Health and Safety Code Section 1473
The board of supervisors in each county may fix the rates to be charged patients admitted to any county hospital and may direct any county...
- California Health and Safety Code Section 1474
In collecting charges for care rendered under this chapter, the board may exercise all powers provided in Chapter 5 (commencing with Section 17400) of Part...
- California Health and Safety Code Section 1475
Unless there exists a reciprocal agreement relating to the expense of medical care and treatment, it shall be the duty of every county to pay...
- California Health and Safety Code Section 1491
In addition to any examination performed without charge to a victim of rape or other sexual assault pursuant to Section 13823.95 of the Penal Code,...
- California Health and Safety Code Section 1492
A county hospital shall provide persons examined or treated in connection with rape or other sexual assaults with information regarding assistance which may be provided...
- California Health and Safety Code Section 1496
As used in this article: (a) "Continuing education program" means educational programs designed to increase the knowledge and skills of health workers. (b) "Licensed health...
- California Health and Safety Code Section 1496.5
Any county may conduct continuing education programs for non-county-employed licensed health workers or non-county-employed nonlicensed health workers as prescribed in this article.
- California Health and Safety Code Section 1497
(a) Any county health facility, including, but not limited to, hospitals, mental health facilities, and other public health facilities, may utilize its county staff personnel...
- California Health and Safety Code Section 1497.5
(a) Any county conducting continuing educational programs pursuant to this article shall charge and collect fees sufficient to defray the cost of such instruction and...
- California Health and Safety Code Section 1498
Any county conducting a continuing education program pursuant to this article shall maintain individual records of attendance and the number of continuing education units earned...
- California Health and Safety Code Section 1499
(a) Any person or entity licensed or certificated under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 2.3 (commencing with...
- California Health and Safety Code Section 1500
This chapter shall be known and may be cited as the California Community Care Facilities Act.
- California Health and Safety Code Section 1501
(a) The Legislature hereby finds and declares that there is an urgent need to establish a coordinated and comprehensive statewide service system of quality community...
- California Health and Safety Code Section 1501.1
(a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in...
- California Health and Safety Code Section 1502
As used in this chapter: (a) "Community care facility" means any facility, place, or building that is maintained and operated to provide nonmedical residential care,...
- California Health and Safety Code Section 1502.3
For purposes of this chapter, a "community care facility," pursuant to Section 1502, includes a transitional shelter care facility. A "transitional shelter care facility" means...
- California Health and Safety Code Section 1502.4
(a) (1) A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and...
- California Health and Safety Code Section 1502.5
Notwithstanding Section 1502, residential care facilities for the elderly, as defined in Section 1569.2, shall not be considered community care facilities and shall be subject...
- California Health and Safety Code Section 1502.6
The department shall deny a private adoption agency a license, or revoke an existing private adoption agency license, unless the applicant or licensee demonstrates that...
- California Health and Safety Code Section 1502.7
(a) On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers...
- California Health and Safety Code Section 1503
As used in this chapter, "license" means a basic permit to operate a community care facility. A license shall not be transferable.
- California Health and Safety Code Section 1503.5
(a) A facility shall be deemed to be an "unlicensed community care facility" and "maintained and operated to provide nonmedical care" if it is unlicensed...
- California Health and Safety Code Section 1504
As used in this chapter, "special permit" means a permit issued by the state department authorizing a community care facility to offer specialized services as...
- California Health and Safety Code Section 1504.5
(a) (1) This chapter does not apply to any independent living arrangement or supportive housing, described in paragraph (2) of subdivision (c), for individuals with...
- California Health and Safety Code Section 1505
This chapter does not apply to any of the following: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by...
- California Health and Safety Code Section 1505.2
A licensing agency may authorize a foster family home to provide 24-hour care for up to eight foster children, for the purpose of placing siblings...
- California Health and Safety Code Section 1505.5
The director shall adopt regulations authorizing residential facilities, as defined in Section 1502, to fill unused capacity on a short-term, time-limited basis to provide temporary...
- California Health and Safety Code Section 1506
(a) (1) Any holder of a valid license issued by the department that authorizes the licensee to engage in foster family agency functions may use...
- California Health and Safety Code Section 1506.3
(a) A foster family agency that provides treatment of children in foster families shall employ one full-time social work supervisor for every eight social workers...
- California Health and Safety Code Section 1506.5
(a) Foster family agencies shall not use foster family homes licensed by a county without the approval of the licensing county. When approval is granted,...
- California Health and Safety Code Section 1506.6
It is the intent of the Legislature that public and private efforts to recruit foster parents not be competitive and that the total number of...
- California Health and Safety Code Section 1506.7
(a) A foster family agency shall require the owner or operator of a family home applying for certification to sign an application that shall contain,...
- California Health and Safety Code Section 1506.8
Before certifying a family home, a foster family agency shall contact any foster family agencies by whom an applicant has been previously certified and any...
- California Health and Safety Code Section 1506.9
(a) No person shall incur civil liability as a result of providing the department with any of the following: (1) The foster family agency providing...
- California Health and Safety Code Section 1507
(a) Notwithstanding any other provision of law, incidental medical services may be provided in a community care facility. If the medical services constitute a substantial...
- California Health and Safety Code Section 1507.1
(a) An adult community care facility may permit incidental medical services to be provided through a home health agency licensed pursuant to Chapter 8 (commencing...
- California Health and Safety Code Section 1507.2
Notwithstanding any other provision of this chapter, a child with special health care needs, as defined in subdivision (a) of Section 17710 of the Welfare...
- California Health and Safety Code Section 1507.25
(a) (1) Notwithstanding any other provision of law, a person described in paragraph (2), who is not a licensed health care professional, but who is...
- California Health and Safety Code Section 1507.3
(a) Notwithstanding Section 1566.45 or any other provision of law, a residential facility that provides care to adults may obtain a waiver from the department...
- California Health and Safety Code Section 1507.5
(a) In-home medical care and home and community-based services, as described in subdivisions (t) and (u) of Section 14132 of the Welfare and Institutions Code,...
- California Health and Safety Code Section 1507.6
Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and...
- California Health and Safety Code Section 1508
No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a...
- California Health and Safety Code Section 1509
The state department shall inspect and license community care facilities, except as otherwise provided in Section 1508. The state department shall inspect and issue a...
- California Health and Safety Code Section 1509.5
(a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an...
- California Health and Safety Code Section 1510
The state department may provide consulting services upon request to any community care facility to assist in the identification or correction of deficiencies and in...
- California Health and Safety Code Section 1511
The state department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. In exercising the authority so...
- California Health and Safety Code Section 1512
Each residential community care facility shall state, on its client information form or admission agreement, and on its patient's rights form, the facility's policy concerning...
- California Health and Safety Code Section 1512.5
(a) No residential facility may prohibit the formation of a family council, and, when requested by a member of the resident's family or the resident's...
- California Health and Safety Code Section 1513
No license or special permit issued pursuant to the provisions of this chapter shall have any property value for sale or exchange purposes and no...
- California Health and Safety Code Section 1514
(a) Each residential care facility licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to...
- California Health and Safety Code Section 1515
The department shall authorize county welfare departments to undertake comprehensive recruitment programs, including but not limited to media advertising, public awareness campaigns and public speaking...
- California Health and Safety Code Section 1516
(a) For purposes of this chapter, "crisis nursery" means a facility licensed by the department pursuant to subdivision (j) to provide short-term, 24-hour nonmedical residential...
- California Health and Safety Code Section 1516
(a) For purposes of this chapter, "crisis nursery" means a facility licensed by the department to provide short-term, 24-hour nonmedical residential care and supervision for...
- California Health and Safety Code Section 1518
(a) Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed community care facilities. (b) Licensed community care facilities shall...
- California Health and Safety Code Section 1520
Any person desiring issuance of a license for a community care facility or a special permit for specialized services under this chapter shall file with...
- California Health and Safety Code Section 1520.1
In addition to Section 1520, applicants for a group home facility license shall meet the following requirements: (a) (1) During the first 12 months of...
- California Health and Safety Code Section 1520.11
(a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, an executive director,...
- California Health and Safety Code Section 1520.2
(a) Every licensed community care facility, at the request of a majority of its residents, shall assist its residents in establishing and maintaining a resident-oriented...
- California Health and Safety Code Section 1520.3
(a) (1) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously...
- California Health and Safety Code Section 1520.5
(a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential care facilities that impair the integrity of...
- California Health and Safety Code Section 1520.7
(a) Every community care facility that is licensed or has a special permit for specialized services pursuant to Section 1525 shall provide a copy of...
- California Health and Safety Code Section 1521
Any person desiring a license for a community care facility under the provisions of this chapter which is required by other code provisions or rules...
- California Health and Safety Code Section 1521.5
(a) The county welfare director shall, prior to the issuance of any foster family home license, ensure that the county licensing staff, or the placement...
- California Health and Safety Code Section 1521.6
(a) The Legislature recognizes the importance of ensuring that prospective foster family homes meet specified health and safety requirements. Moreover, the Legislature acknowledges that there...
- California Health and Safety Code Section 1522
The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of...
- California Health and Safety Code Section 1522.01
(a) Any person required to be registered as a sex offender under Section 290 of the Penal Code shall disclose this fact to the licensee...
- California Health and Safety Code Section 1522.02
(a) The department may adopt regulations to create substitute employee registries for persons working at more than one facility licensed pursuant to this chapter, Chapter...
- California Health and Safety Code Section 1522.03
The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1522 to comply with the...
- California Health and Safety Code Section 1522.04
(a) The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates...
- California Health and Safety Code Section 1522.05
(a) A foster family agency shall not place a child in a certified family home until the foster family agency has received both a criminal...
- California Health and Safety Code Section 1522.06
(a) Individuals who are volunteer candidates for mentoring children in foster care settings, as defined by the department, shall be subject to a criminal background...
- California Health and Safety Code Section 1522.07
(a) Notwithstanding subdivision (d) of Section 1522, foster family agencies shall submit fingerprints of their certified foster parent applicants to the Department of Justice using...
- California Health and Safety Code Section 1522.08
(a) In order to protect the health and safety of persons receiving care or services from individuals or facilities licensed or certified by the state,...
- California Health and Safety Code Section 1522.08
(a) In order to protect the health and safety of persons receiving care or services from individuals or facilities licensed or certified by the state,...
- California Health and Safety Code Section 1522.1
(a) Prior to granting a license to, or otherwise approving, any individual to care for or reside with children, the department shall check the Child...
- California Health and Safety Code Section 1522.2
If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of...
- California Health and Safety Code Section 1522.4
(a) In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster...
- California Health and Safety Code Section 1522.41
(a) The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Mental Health, and the Director of Developmental...
- California Health and Safety Code Section 1522.42
(a) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Mental Health, and the State Department of Developmental...
- California Health and Safety Code Section 1522.43
(a) (1) For the duties the department imposes on a group home facility administrator in this chapter and in regulations adopted by the department, every...
- California Health and Safety Code Section 1522.5
The State Department of Social Services, in processing fingerprint clearances, shall give expeditious treatment to employees of, and applicants for employment with, community care facilities,...
- California Health and Safety Code Section 1523.1
(a) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license. After initial licensure, a...
- California Health and Safety Code Section 1523.2
(a) Beginning with the 1996-97 fiscal year, there is hereby created in the State Treasury the Technical Assistance Fund, from which money, upon appropriation by...
- California Health and Safety Code Section 1523.5
Transitional shelter care facilities, as defined in Section 1502.3, shall be exempt from the fees imposed pursuant to subdivision (a) of Section 1523.
- California Health and Safety Code Section 1524
A license shall be forfeited by operation of law when one of the following occurs: (a) The licensee sells or otherwise transfers the facility or...
- California Health and Safety Code Section 1524.1
(a) Notwithstanding Section 1524, in the event of a sale of a licensed community care facility, except foster family homes and small family homes, where...
- California Health and Safety Code Section 1524.5
(a) In addition to any other requirements of this chapter, any community care facility providing residential care for six or fewer persons, except family homes...
- California Health and Safety Code Section 1524.6
(a) In addition to any other requirement of this chapter, any group home facility, as defined by regulations of the department, providing care for any...
- California Health and Safety Code Section 1524.7
The State Department of Social Services shall provide to residential care facilities a form, which the residential care facility shall attach to each resident admission...
- California Health and Safety Code Section 1525
Upon the filing of the application for issuance of a license or for a special permit and substantial compliance with the provisions of this chapter...
- California Health and Safety Code Section 1525.25
(a) It is the intent of the Legislature to provide for proper case management and orderly transition in placement when family home licensing or family...
- California Health and Safety Code Section 1525.3
Prior to the issuance of any new license or special permit pursuant to this chapter, the applicant shall attend an orientation given by the department....
- California Health and Safety Code Section 1525.5
(a) The director may issue provisional licenses to operate community care facilities for facilities which the director determines are in substantial compliance with the provisions...
- California Health and Safety Code Section 1526
Immediately upon the denial of any application for a license or for a special permit, the state department shall notify the applicant in writing. Within...
- California Health and Safety Code Section 1526.5
(a) Within 90 days after a facility accepts its first client for placement following the issuance of a license or special permit pursuant to Section...
- California Health and Safety Code Section 1526.75
(a) It is the intent of the Legislature to maintain quality resources for children needing placement away from their families. If, during a periodic inspection...
- California Health and Safety Code Section 1526.8
(a) It is the intent of the Legislature that the department develop modified staffing levels and requirements for crisis nurseries, provided that the health, safety,...
- California Health and Safety Code Section 1527
As used in this article: (a) "Aircraft" includes, but is not limited to, any airplane, glider, or hot air balloon. (b) "Bodily injury" means any...
- California Health and Safety Code Section 1527.1
There is hereby established the Foster Family Home and Small Family Home Insurance Fund within the State Department of Social Services. The fund shall consist...
- California Health and Safety Code Section 1527.2
The fund, subject to this article, shall pay, on behalf of foster family homes and small family homes, any claims of foster children, their parents,...
- California Health and Safety Code Section 1527.3
The fund shall not be liable for any of the following: (a) Any loss arising out of a dishonest, fraudulent, criminal, or intentional act. (b)...
- California Health and Safety Code Section 1527.4
Notwithstanding any other provision of this article, the fund shall not be liable for damages in excess of three hundred thousand dollars ($300,000) for any...
- California Health and Safety Code Section 1527.5
The fund shall be liable, if a claim is approved, to pay on behalf of each licensed foster family home or small family home, all...
- California Health and Safety Code Section 1527.6
(a) Any claim against the fund shall be filed with the fund in accordance with claims procedures and on forms prescribed by the State Department...
- California Health and Safety Code Section 1527.7
All processing of decisions and reports, payment of claims, and other administrative actions relating to the fund shall be conducted by the State Department of...
- California Health and Safety Code Section 1527.8
It is the intent of the Legislature to maintain the fund established pursuant to Section 1527.1 at an adequate level to meet anticipated liabilities.
- California Health and Safety Code Section 1521.6
(a) The Legislature recognizes the importance of ensuring that prospective foster family homes meet specified health and safety requirements. Moreover, the Legislature acknowledges that there...
- California Health and Safety Code Section 1522
The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of...
- California Health and Safety Code Section 1522.01
(a) Any person required to be registered as a sex offender under Section 290 of the Penal Code shall disclose this fact to the licensee...
- California Health and Safety Code Section 1522.02
(a) The department may adopt regulations to create substitute employee registries for persons working at more than one facility licensed pursuant to this chapter, Chapter...
- California Health and Safety Code Section 1522.03
The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1522 to comply with the...
- California Health and Safety Code Section 1522.04
(a) The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates...
- California Health and Safety Code Section 1522.05
(a) A foster family agency shall not place a child in a certified family home until the foster family agency has received both a criminal...
- California Health and Safety Code Section 1522.06
(a) Individuals who are volunteer candidates for mentoring children in foster care settings, as defined by the department, shall be subject to a criminal background...
- California Health and Safety Code Section 1522.07
(a) Notwithstanding subdivision (d) of Section 1522, foster family agencies shall submit fingerprints of their certified foster parent applicants to the Department of Justice using...
- California Health and Safety Code Section 1522.08
(a) In order to protect the health and safety of persons receiving care or services from individuals or facilities licensed or certified by the state,...
- California Health and Safety Code Section 1522.08
(a) In order to protect the health and safety of persons receiving care or services from individuals or facilities licensed or certified by the state,...
- California Health and Safety Code Section 1522.1
(a) Prior to granting a license to, or otherwise approving, any individual to care for or reside with children, the department shall check the Child...
- California Health and Safety Code Section 1522.2
If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of...
- California Health and Safety Code Section 1522.4
(a) In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster...
- California Health and Safety Code Section 1522.41
(a) The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Mental Health, and the Director of Developmental...
- California Health and Safety Code Section 1522.42
(a) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Mental Health, and the State Department of Developmental...
- California Health and Safety Code Section 1522.43
(a) (1) For the duties the department imposes on a group home facility administrator in this chapter and in regulations adopted by the department, every...
- California Health and Safety Code Section 1522.5
The State Department of Social Services, in processing fingerprint clearances, shall give expeditious treatment to employees of, and applicants for employment with, community care facilities,...
- California Health and Safety Code Section 1523.1
(a) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license. After initial licensure, a...
- California Health and Safety Code Section 1523.2
(a) Beginning with the 1996-97 fiscal year, there is hereby created in the State Treasury the Technical Assistance Fund, from which money, upon appropriation by...
- California Health and Safety Code Section 1523.5
Transitional shelter care facilities, as defined in Section 1502.3, shall be exempt from the fees imposed pursuant to subdivision (a) of Section 1523.
- California Health and Safety Code Section 1524
A license shall be forfeited by operation of law when one of the following occurs: (a) The licensee sells or otherwise transfers the facility or...
- California Health and Safety Code Section 1524.1
(a) Notwithstanding Section 1524, in the event of a sale of a licensed community care facility, except foster family homes and small family homes, where...
- California Health and Safety Code Section 1524.5
(a) In addition to any other requirements of this chapter, any community care facility providing residential care for six or fewer persons, except family homes...
- California Health and Safety Code Section 1524.6
(a) In addition to any other requirement of this chapter, any group home facility, as defined by regulations of the department, providing care for any...
- California Health and Safety Code Section 1524.7
The State Department of Social Services shall provide to residential care facilities a form, which the residential care facility shall attach to each resident admission...
- California Health and Safety Code Section 1525
Upon the filing of the application for issuance of a license or for a special permit and substantial compliance with the provisions of this chapter...
- California Health and Safety Code Section 1525.25
(a) It is the intent of the Legislature to provide for proper case management and orderly transition in placement when family home licensing or family...
- California Health and Safety Code Section 1525.3
Prior to the issuance of any new license or special permit pursuant to this chapter, the applicant shall attend an orientation given by the department....
- California Health and Safety Code Section 1525.5
(a) The director may issue provisional licenses to operate community care facilities for facilities which the director determines are in substantial compliance with the provisions...
- California Health and Safety Code Section 1526
Immediately upon the denial of any application for a license or for a special permit, the state department shall notify the applicant in writing. Within...
- California Health and Safety Code Section 1526.5
(a) Within 90 days after a facility accepts its first client for placement following the issuance of a license or special permit pursuant to Section...
- California Health and Safety Code Section 1526.75
(a) It is the intent of the Legislature to maintain quality resources for children needing placement away from their families. If, during a periodic inspection...
- California Health and Safety Code Section 1526.8
(a) It is the intent of the Legislature that the department develop modified staffing levels and requirements for crisis nurseries, provided that the health, safety,...
- California Health and Safety Code Section 1529.1
It is the intent of the Legislature that persons desiring to become, or to continue being, foster parents shall receive training in order to assist...
- California Health and Safety Code Section 1529.2
(a) In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster...
- California Health and Safety Code Section 1530
The state department shall adopt, amend, or repeal, in accordance with Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title...
- California Health and Safety Code Section 1530.1
(a) The department shall adopt regulations, in consultation with providers, consumers, and other interested parties, to combine adult day care and adult day support centers...
- California Health and Safety Code Section 1530.3
The director shall report to the Legislature during the 2007-08 budget hearings on the progress of the department's children' s residential regulation review workgroup. The...
- California Health and Safety Code Section 1530.5
(a) The department, in establishing regulations, including provisions for periodic inspections, under this chapter for foster family homes and certified family homes of foster family...
- California Health and Safety Code Section 1530.6
Notwithstanding any other provision of law, persons licensed pursuant to this chapter to provide residential foster care to a child either placed with them pursuant...
- California Health and Safety Code Section 1530.8
(a) (1) The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision...
- California Health and Safety Code Section 1530.9
(a) The department shall, with the advice and assistance of the State Department of Mental Health, counties, parent and children' s advocacy groups, and group...
- California Health and Safety Code Section 1530.91
(a) Except as provided in subdivision (b) any care provider that provides foster care for children pursuant to this chapter shall provide each schoolage child...
- California Health and Safety Code Section 1531
The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services...
- California Health and Safety Code Section 1531.1
(a) A residential facility licensed as an adult residential facility, group home, small family home, foster family home, or a family home certified by a...
- California Health and Safety Code Section 1531.2
A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining...
- California Health and Safety Code Section 1531.2
(a) Upon the filing by the department of emergency regulations with the Secretary of State, an adult day program, as defined in Division 6 of...
- California Health and Safety Code Section 1531.3
The State Fire Marshal shall establish separate fire and panic safety standards and criteria for the evaluation of each category of license described in subdivision...
- California Health and Safety Code Section 1531.4
On and after January 1, 1999, no security window bars may be installed or maintained on any community care facility unless the security window bars...
- California Health and Safety Code Section 1531.5
(a) The State Department of Social Services shall not deny a license for a foster family home solely on the basis that the applicant is...
- California Health and Safety Code Section 1532
The Committee on Community Care Facilities of the State Social Services Advisory Board shall advise the director regarding regulations, policy, and administrative practices pertaining to...
- California Health and Safety Code Section 1533
Except as otherwise provided in this section, any duly authorized officer, employee, or agent of the State Department of Social Services may, upon presentation of...
- California Health and Safety Code Section 1534
(a) (1) Every licensed community care facility shall be subject to unannounced visits by the department. The department shall visit these facilities as often as...
- California Health and Safety Code Section 1534.1
(a) The department shall ensure that the licensee's plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable...
- California Health and Safety Code Section 1534.5
The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with copies of inspection...
- California Health and Safety Code Section 1535
(a) On or before January 1, 1986, the state department shall publish a comprehensive consumer guideline brochure to assist persons in the evaluation and selection...
- California Health and Safety Code Section 1536
(a) At least annually, the director shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other...
- California Health and Safety Code Section 1536.1
(a) "Placement agency" means a county probation department, county welfare department, county social service department, county mental health department, county public guardian, general acute care...
- California Health and Safety Code Section 1536.2
(a) When a placement agency has placed a child with a foster family agency for subsequent placement in a certified family home, the foster family...
- California Health and Safety Code Section 1536.3
A public agency social worker shall, in determining whether to refer an individual to an adult residential care facility, take into account the compatibility of...
- California Health and Safety Code Section 1537
The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, community care facilities.
- California Health and Safety Code Section 1538
(a) Any person may request an inspection of any community care facility or certified family home in accordance with this chapter by transmitting to the...
- California Health and Safety Code Section 1538.2
The director shall establish an automated license information system on licensees and former licensees of licensed community care facilities. The system shall maintain a record...
- California Health and Safety Code Section 1538.3
A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described...
- California Health and Safety Code Section 1538.5
(a) (1) Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster...
- California Health and Safety Code Section 1538.55
(a) The licensee of an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN), licensed pursuant to Article 9 (commencing with Section 1567.50),...
- California Health and Safety Code Section 1538.6
(a) When the department periodically reviews the record of substantiated complaints against each group home facility, pursuant to its oversight role as prescribed by Section...
- California Health and Safety Code Section 1539
No licensee shall discriminate or retaliate in any manner against any person receiving the services of such licensee's community care facility, or against any employee...
- California Health and Safety Code Section 1540
(a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation promulgated under this chapter, is guilty of a...
- California Health and Safety Code Section 1540.1
Upon a finding by the licensing authority that a facility is in operation without a license, a peace officer, as defined in Chapter 4.5 (commencing...
- California Health and Safety Code Section 1540.2
Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident...
- California Health and Safety Code Section 1541
The director may bring an action to enjoin the violation or threatened violation of Section 1503.5 or 1508, or both, in the superior court in...
- California Health and Safety Code Section 1542
Any action brought by the director against a community care facility shall not abate by reason of a sale or other transfer of ownership of...
- California Health and Safety Code Section 1543
Notwithstanding any other provision of this chapter, the district attorney of every county, and city attorneys in those cities which have city attorneys who have...
- California Health and Safety Code Section 1546
The department may require not more than 50 percent of each penalty assessed pursuant to Section 1548 to be transmitted to the department for use...
- California Health and Safety Code Section 1547
(a) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an...
- California Health and Safety Code Section 1548
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b)...
- California Health and Safety Code Section 1549
The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any...
- California Health and Safety Code Section 1550
The department may deny an application for, or suspend or revoke, any license, or any administrator certificate, issued under this chapter upon any of the...
- California Health and Safety Code Section 1550.5
The director may temporarily suspend any license prior to any hearing when, in the opinion of the director, the action is urgent to protect residents...
- California Health and Safety Code Section 1550.7
(a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license...
- California Health and Safety Code Section 1551
(a) Proceedings for the suspension, revocation, or denial of a license, registration, special permit, or any administrator certificate under this chapter, or denial of transfer...
- California Health and Safety Code Section 1551.1
(a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including...
- California Health and Safety Code Section 1551.2
(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue...
- California Health and Safety Code Section 1551.5
In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses...
- California Health and Safety Code Section 1553
The withdrawal of an application for a license or a special permit after it has been filed with the state department shall not, unless the...
- California Health and Safety Code Section 1554
Any license, registration, or special permit suspended pursuant to this chapter, and any special permit revoked pursuant to this chapter, may be reinstated pursuant to...
- California Health and Safety Code Section 1555
Whenever a license, registration, or special permit issued under this chapter for a community care facility is suspended, revoked, temporarily suspended, forfeited, canceled, or expires,...
- California Health and Safety Code Section 1556
(a) If the director determines that it is necessary to temporarily suspend any license or special permit of a community care facility in order to...
- California Health and Safety Code Section 1557.5
Each facility required to be licensed pursuant to this chapter shall keep a current record of clients in the facility, including the client's name and...
- California Health and Safety Code Section 1557.5
Each facility required to be licensed shall keep a current record of all of the following: (a) Clients in the facility, including each client's name...
- California Health and Safety Code Section 1558
(a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee,...
- California Health and Safety Code Section 1558.1
(a) (1) If the department determines that a person was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter...
- California Health and Safety Code Section 1558.3
The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility...
- California Health and Safety Code Section 1559.110
(a) Except as specified in subdivision (e), the State Department of Social Services shall license community care facilities participating in transitional housing placement programs, as...
- California Health and Safety Code Section 1559.115
No applicant shall be issued a license pursuant to this article unless the county department of social services or the county probation department, in the...
- California Health and Safety Code Section 1560
(a) The director shall require as a condition precedent to the issuance of any license or special permit for a community care facility, if the...
- California Health and Safety Code Section 1561
The director may grant a partial or total variance from the bonding requirements of Section 1560 for any community care facility if he finds that...
- California Health and Safety Code Section 1562
The director shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license...
- California Health and Safety Code Section 1562.3
(a) The Director of Social Services, in consultation with the Director of Mental Health and the Director of Developmental Services, shall establish a training program...
- California Health and Safety Code Section 1562.35
Notwithstanding any provision of law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial...
- California Health and Safety Code Section 1562.4
Any person who becomes an administrator of an adult residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502, on or after...
- California Health and Safety Code Section 1562.5
(a) The director shall ensure that, within six months after obtaining licensure, an administrator of an adult residential facility and a program director of a...
- California Health and Safety Code Section 1562.6
(a) The administrator of an adult residential care facility that provides services for residents who have mental illness shall ensure that a written intake assessment...
- California Health and Safety Code Section 1563
(a) The director shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter. (b) The director shall institute...
- California Health and Safety Code Section 1564
(a) No individual who has ever been convicted of a sex offense against a minor shall reside in a community care facility that is within...
- California Health and Safety Code Section 1565
(a) The Health and Welfare Agency shall establish the Task Force on Accreditation of Services for Children and shall convene a meeting of that body...
- California Health and Safety Code Section 1566
The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient...
- California Health and Safety Code Section 1566.1
Any person licensed under the provisions of this chapter who operates, or proposes to operate a residential facility, the department or other public agency authorized...
- California Health and Safety Code Section 1566.2
A residential facility, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other...
- California Health and Safety Code Section 1566.25
If a county of residence agrees to pay a placement county the costs of providing services to a minor pursuant to subdivision (a) of Section...
- California Health and Safety Code Section 1566.3
(a) Whether or not unrelated persons are living together, a residential facility that serves six or fewer persons shall be considered a residential use of...
- California Health and Safety Code Section 1566.4
No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential facility because of a failure to comply...
- California Health and Safety Code Section 1566.45
(a) (1) For purposes of this section, "bedridden" means requiring assistance in turning and repositioning in bed or being unable to independently transfer to and...
- California Health and Safety Code Section 1566.5
For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility...
- California Health and Safety Code Section 1566.6
The department shall annually prepare, with a quarterly update commencing July 1, 1979, specifying newly licensed facilities, a list or lists of all licensed community...
- California Health and Safety Code Section 1566.7
The department shall notify affected placement agencies and the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of...
- California Health and Safety Code Section 1566.75
(a) By January 1, 2006, the department's Community Care Licensing Division shall enter into memoranda of understanding with up to 10 local mental health departments...
- California Health and Safety Code Section 1566.8
Notwithstanding any other provision of law, if according to the rules and regulations of a mobilehome park, the park is designated as a family park...
- California Health and Safety Code Section 1567
It is the intent of the Legislature that each county be encouraged to provide, in the county, a number and variety of licensed community care...
- California Health and Safety Code Section 1567.1
It is further the intent of the Legislature that, where city or county zoning restrictions unreasonably impair the ability of a county to serve the...
- California Health and Safety Code Section 1567.2
As used in this article, the term "wards of the juvenile court" shall include minors who have been found by the juvenile court to be...
- California Health and Safety Code Section 1567.3
(a) No licensed community care facility may receive a ward of the juvenile court as described in Section 602 of the Welfare and Institutions Code...
- California Health and Safety Code Section 1567.4
The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or...
- California Health and Safety Code Section 1567.7
This article shall not apply to existing community care facilities for wards of the juvenile court which have received city or county zoning approval prior...
- California Health and Safety Code Section 1567.8
A community care facility for wards of the juvenile court, which serves six or fewer persons shall not be subject to any business taxes, local...
- California Health and Safety Code Section 1567.50
(a) Notwithstanding that a community care facility means a place that provides nonmedical care under subdivision (a) of Section 1502, pursuant to Article 3.5 (commencing...
- California Health and Safety Code Section 1568.01
For purposes of this chapter, the following definitions shall apply: (a) "Activities of daily living" means housework, meals, laundry, taking medication, money management, appropriate transportation,...
- California Health and Safety Code Section 1568.02
(a) (1) The department shall license residential care facilities for persons with chronic, life-threatening illness under a separate category. (2) A residential care facility for...
- California Health and Safety Code Section 1568.021
(a) If the applicant for a license for a residential care facility handles or will handle any money of a resident of the facility, the...
- California Health and Safety Code Section 1568.03
(a) No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain...
- California Health and Safety Code Section 1568.04
Any person desiring issuance of a license for a residential care facility under this chapter shall file with the department, pursuant to regulations adopted by...
- California Health and Safety Code Section 1568.041
(a) The department shall designate at least one person in each region to be responsible for all activities pertaining to license application as well as...
- California Health and Safety Code Section 1568.042
(a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director,...
- California Health and Safety Code Section 1568.05
(a) An application fee adjusted by facility and capacity, shall be charged by the department for a license to operate a residential care facility for...
- California Health and Safety Code Section 1568.06
(a) Upon initial application for licensure, residential care facilities shall be provided a printed copy of all applicable regulations for the operation of these facilities...
- California Health and Safety Code Section 1568.061
A license shall be forfeited by operation of law prior to its expiration date when any of the following occurs: (a) The licensee sells or...
- California Health and Safety Code Section 1568.062
(a) Upon the filing of the application for issuance of a license and substantial compliance with this chapter and the rules and regulations of the...
- California Health and Safety Code Section 1568.063
Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails...
- California Health and Safety Code Section 1568.064
(a) When a licensee dies, an adult relative who has control of the property may continue operation of the facility if the following conditions are...
- California Health and Safety Code Section 1568.065
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section...
- California Health and Safety Code Section 1568.0651
(a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including...
- California Health and Safety Code Section 1568.0652
(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue...
- California Health and Safety Code Section 1568.067
(a) No license issued pursuant to this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent,...
- California Health and Safety Code Section 1568.068
(a) Notwithstanding Section 1568.061, in the event of a sale of a licensed residential care for persons with chronic, life-threatening illness facility where the sale...
- California Health and Safety Code Section 1568.07
(a) (1) Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall inspect the facility to...
- California Health and Safety Code Section 1568.071
(a) Any person may request an inspection of any residential care facility in accordance with this chapter by transmitting to the department notice of an...
- California Health and Safety Code Section 1568.0715
(a) The department shall ensure that the licensee's plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable...
- California Health and Safety Code Section 1568.072
(a) The department shall adopt, amend, and repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title...
- California Health and Safety Code Section 1568.073
(a) (1) The department may order the licensee to remove a resident who has a health condition which cannot be cared for within the limits...
- California Health and Safety Code Section 1568.075
On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility unless the security window bars...
- California Health and Safety Code Section 1568.08
Each facility required to be licensed under this chapter shall keep a current record of all of the following: (a) Residents in the facility, including...
- California Health and Safety Code Section 1568.081
(a) A placement agency shall place individuals only in licensed residential care facilities or facilities which are exempt from licensure under subdivision (c) of Section...
- California Health and Safety Code Section 1568.082
(a) The department may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in...
- California Health and Safety Code Section 1568.0821
(a) Notwithstanding any other provision of this chapter, any person who violates Section 1568.03 shall be assessed by the department an immediate civil penalty in...
- California Health and Safety Code Section 1568.0822
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. The...
- California Health and Safety Code Section 1568.0823
(a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation adopted under this chapter, is guilty of a...
- California Health and Safety Code Section 1568.0823
Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident...
- California Health and Safety Code Section 1568.0825
(a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license...
- California Health and Safety Code Section 1568.083
(a) The department, State Fire Marshal, or local fire officials shall not make a de facto determination of a resident's ambulatory or nonambulatory status based...
- California Health and Safety Code Section 1568.0831
(a) (1) Whether or not unrelated persons are living together, a residential care facility which serves six or fewer persons shall be considered a residential...
- California Health and Safety Code Section 1568.0832
(a) (1) For purposes of this section, "bedridden" means requiring assistance in turning and repositioning in bed or being unable to independently transfer to and...
- California Health and Safety Code Section 1568.09
It is the intent of the Legislature in enacting this section to require the electronic fingerprint images of those individuals whose contact with residents of...
- California Health and Safety Code Section 1568.092
(a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee...
- California Health and Safety Code Section 1568.093
(a) (1) If the department determines that a person was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter...
- California Health and Safety Code Section 1568.094
The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility...
- California Health and Safety Code Section 1568.15
The Secretary of California Health and Human Services shall be responsible for the oversight and coordination of programs serving people living with Alzheimer's disease and...
- California Health and Safety Code Section 1568.17
(a) The California Health and Human Services Agency shall establish an Alzheimer's Disease and Related Disorders Advisory Committee consisting of 14 members selected as follows:...
- California Health and Safety Code Section 1569
This chapter shall be known and may be cited as the California Residential Care Facilities for the Elderly Act.
- California Health and Safety Code Section 1569.1
The Legislature hereby finds and declares: (a) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support...
- California Health and Safety Code Section 1569.2
As used in this chapter: (a) "Administrator" means the individual designated by the licensee to act on behalf of the licensee in the overall management...
- California Health and Safety Code Section 1569.3
The license of any facility licensed as a residential facility for the elderly under the California Community Care Facilities Act provided for in Chapter 3...
- California Health and Safety Code Section 1569.5
The director shall adopt regulations authorizing residential care facilities for the elderly, as defined in Section 1569.2, to fill unused capacity on a short-term, time-limited...
- California Health and Safety Code Section 1569.10
No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a...
- California Health and Safety Code Section 1569.11
The department shall inspect and license residential care facilities for the elderly. A license is not transferable.
- California Health and Safety Code Section 1569.12
The department may provide consulting services upon request to any residential care facility for the elderly to assist in the identification or correction of deficiencies...
- California Health and Safety Code Section 1569.13
(a) The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. In exercising the authority so...
- California Health and Safety Code Section 1569.14
No license issued pursuant to this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or...
- California Health and Safety Code Section 1569.145
This chapter shall not apply to any of the following: (a) A health facility, as defined by Section 1250. (b) A clinic, as defined by...
- California Health and Safety Code Section 1569.147
(a) Nothing in this chapter authorizes the imposition of rent regulations or controls for licensed residential care facilities for the elderly. (b) Licensed residential care...
- California Health and Safety Code Section 1569.149
A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining...
- California Health and Safety Code Section 1569.15
Any person desiring issuance of a license for a residential care facility for the elderly under this chapter shall file with the department, pursuant to...
- California Health and Safety Code Section 1569.150
(a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an...
- California Health and Safety Code Section 1569.151
Upon receipt of an application to operate a residential care facility for the elderly from an applicant who is also applying or intends to apply...
- California Health and Safety Code Section 1569.1515
(a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director,...
- California Health and Safety Code Section 1569.152
(a) A residential care facility for the elderly, as defined in Section 1569.2, which fails to make reasonable efforts to safeguard resident property shall reimburse...
- California Health and Safety Code Section 1569.153
A theft and loss program shall be implemented by the residential care facilities for the elderly within 90 days after January 1, 1989. The program...
- California Health and Safety Code Section 1569.154
No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the...
- California Health and Safety Code Section 1569.155
Upon initial licensure, residential care facilities for the elderly shall be provided a printed copy of all applicable regulations by the department, without charge. All...
- California Health and Safety Code Section 1569.156
(a) A residential care facility for the elderly shall do all of the following: (1) Not condition the provision of care or otherwise discriminate based...
- California Health and Safety Code Section 1569.157
(a) Every licensed residential care facility for the elderly, at the request of a majority of its residents, shall assist the residents in establishing and...
- California Health and Safety Code Section 1569.158
(a) No residential care facility for the elderly may prohibit the formation of a family council, and, when requested by a member of the resident's...
- California Health and Safety Code Section 1569.159
The State Department of Social Services shall provide to residential care facilities for the elderly a form, which the residential care facility for the elderly...
- California Health and Safety Code Section 1569.16
(a) (1) If an application for a license indicates, or the department determines during the application review process, that the applicant previously was issued a...
- California Health and Safety Code Section 1569.17
The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of...
- California Health and Safety Code Section 1569.171
Prior to issuance to any person of a certificate of completion of the administrator certification program pursuant to Section 1569.616, the department shall secure from...
- California Health and Safety Code Section 1569.172
The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1569.17 to comply with the...
- California Health and Safety Code Section 1569.175
(a) In addition to any other requirements of this chapter, any residential care facility for the elderly providing residential care for six or fewer persons...
- California Health and Safety Code Section 1569.185
(a) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a residential...
- California Health and Safety Code Section 1569.19
A license shall be forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The licensee sells or...
- California Health and Safety Code Section 1569.191
(a) Notwithstanding Section 1569.19, in the event of a sale of a licensed facility where the sale will result in a new license being issued,...
- California Health and Safety Code Section 1569.193
(a) When a licensee dies, an adult relative, or other nonrelated adult, who has control of the property may be designated as the responsible party...
- California Health and Safety Code Section 1569.194
(a) Every residential care facility for the elderly that is licensed or has a valid special permit therefor pursuant to Section 1569.10 shall provide a...
- California Health and Safety Code Section 1569.20
Upon the filing of the application for issuance of an initial license, the department shall, within five working days of the filing, make a determination...
- California Health and Safety Code Section 1569.21
The director may issue provisional licenses to operate residential care facilities for the elderly for the facilities which the director determines are in substantial compliance...
- California Health and Safety Code Section 1569.22
Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails...
- California Health and Safety Code Section 1569.23
(a) As a requirement for licensure, the applicant shall demonstrate that he or she has successfully completed a certification program approved by the department. (b)...
- California Health and Safety Code Section 1569.235
As a requirement for licensure, the applicant shall attend an orientation given by the department which outlines the applicable rules and regulations, and the scope...
- California Health and Safety Code Section 1569.24
Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall inspect the facility to evaluate compliance...
- California Health and Safety Code Section 1569.30
(a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title...
- California Health and Safety Code Section 1569.31
The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care,...
- California Health and Safety Code Section 1569.312
Every facility required to be licensed under this chapter shall provide at least the following basic services: (a) Care and supervision as defined in Section...
- California Health and Safety Code Section 1569.313
Each residential care facility for the elderly shall state, on its client information form or admission agreement, and on its patient's rights form, the facility's...
- California Health and Safety Code Section 1569.314
A residential care facility for the elderly shall not require residents to purchase medications, or rent or purchase medical supplies or equipment, from any particular...
- California Health and Safety Code Section 1569.315
Each residential care facility for the elderly required to be licensed pursuant to this chapter shall keep a current record of clients in the facility,...
- California Health and Safety Code Section 1569.315
Each facility required to be licensed shall keep a current record of all of the following: (a) Clients in the facility, including each client's name...
- California Health and Safety Code Section 1569.316
(a) The referring agency or facility, or its designee, shall provide to the administrator all information in its possession concerning any history of dangerous propensity...
- California Health and Safety Code Section 1569.32
Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision,...
- California Health and Safety Code Section 1569.33
(a) Every licensed residential care facility for the elderly shall be subject to unannounced visits by the department. The department shall visit these facilities as...
- California Health and Safety Code Section 1569.335
The department shall notify affected placement agencies and the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of...
- California Health and Safety Code Section 1569.34
The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, residential care facilities...
- California Health and Safety Code Section 1569.345
Upon request, the department shall provide the Office of the State Long-Term Care Ombudsman and any approved organizations of the office with copies of inspection...
- California Health and Safety Code Section 1569.35
(a) Any person may request an inspection of any residential care facility for the elderly in accordance with this chapter by transmitting to the department...
- California Health and Safety Code Section 1569.351
(a) The department shall ensure that the licensee's plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable...
- California Health and Safety Code Section 1569.355
The director shall establish an automated license information system on licensees and former licensees of licensed residential care facilities for the elderly. The system shall...
- California Health and Safety Code Section 1569.36
(a) Not less than 30 days prior to the expiration date of any residential care facility for the elderly license, the department shall transmit a...
- California Health and Safety Code Section 1569.37
No licensee shall discriminate or retaliate in any manner against any person receiving the services of such licensee's residential care facility for the elderly, or...
- California Health and Safety Code Section 1569.38
(a) Each residential care facility for the elderly shall place in a conspicuous place copies of all licensing reports issued by the department within the...
- California Health and Safety Code Section 1569.40
(a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation adopted under this chapter, is guilty of a...
- California Health and Safety Code Section 1569.405
Upon a finding by the licensing authority that a facility is in operation without a license, a peace officer, as defined in Chapter 4.5 (commencing...
- California Health and Safety Code Section 1569.406
Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident...
- California Health and Safety Code Section 1569.41
The director may bring an action to enjoin the violation or threatened violation of Section 1569.10 or 1569.44, or both, in the superior court in...
- California Health and Safety Code Section 1569.42
Any action brought by the director against a residential care facility for the elderly shall not abate by reason of a sale or other transfer...
- California Health and Safety Code Section 1569.43
Notwithstanding any other provisions of this chapter, the district attorney of every county, and city attorneys in those cities which have city attorneys which prosecute...
- California Health and Safety Code Section 1569.44
(a) A facility shall be deemed to be an "unlicensed residential care facility for the elderly" and "maintained and operated to provide residential care" if...
- California Health and Safety Code Section 1569.45
A facility shall be licensed as a residential care facility for the elderly if it offers care and supervision, as defined, to its residents. Every...
- California Health and Safety Code Section 1569.46
Operation of an unlicensed facility shall be an act of unfair competition and an unfair business practice within the meaning of Chapter 5 (commencing with...
- California Health and Safety Code Section 1569.47
(a) "Placement agency" means any county welfare department, county social service department, county mental health department, county public guardian, general acute care hospital discharge planner...
- California Health and Safety Code Section 1569.48
A fund may be established to which not more than 50 percent of each penalty assessed pursuant to Section 1569.49 is transmitted to the department...
- California Health and Safety Code Section 1569.485
(a) Notwithstanding any other provision of this chapter, any person who violates Section 1569.10 or 1569.44, or both, shall be assessed by the department an...
- California Health and Safety Code Section 1569.49
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. The...
- California Health and Safety Code Section 1569.495
The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any...
- California Health and Safety Code Section 1569.50
The department may deny an application for a license or may suspend or revoke any license issued under this chapter upon any of the following...
- California Health and Safety Code Section 1569.51
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5...
- California Health and Safety Code Section 1569.510
(a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license...
- California Health and Safety Code Section 1569.511
(a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including...
- California Health and Safety Code Section 1569.512
(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue...
- California Health and Safety Code Section 1569.515
In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses...
- California Health and Safety Code Section 1569.52
The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to...
- California Health and Safety Code Section 1569.525
If the director determines that it is necessary to temporarily suspend any license of a residential care facility for the elderly in order to protect...
- California Health and Safety Code Section 1569.53
Any license suspended or revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. Whenever a license issued under...
- California Health and Safety Code Section 1569.54
(a) (1) When the department does not suspend the license of a residential care facility for the elderly pursuant to this article, the department may...
- California Health and Safety Code Section 1569.58
(a) The department may prohibit any person from being a member of the board of directors, an executive director, a board member, or an officer...
- California Health and Safety Code Section 1569.59
(a) (1) If the department determines that a person was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter...
- California Health and Safety Code Section 1569.595
The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility...
- California Health and Safety Code Section 1569.60
(a) The director shall require as a condition precedent to the issuance of any license for a residential care facility for the elderly, if the...
- California Health and Safety Code Section 1569.601
The director may grant a partial or total variance from the bonding requirements of Section 1569.60 for any residential care facility for the elderly if...
- California Health and Safety Code Section 1569.61
The department shall develop and maintain at each district office a file for each facility in that district, containing all documents regarding the facility that...
- California Health and Safety Code Section 1569.613
Any person who becomes an administrator of a residential care facility for the elderly on or after January 1, 1992, shall, at a minimum, comply...
- California Health and Safety Code Section 1569.616
(a) (1) An administrator of a residential care facility for the elderly shall be required to successfully complete a department-approved certification program prior to employment....
- California Health and Safety Code Section 1569.617
(a) (1) There is hereby created in the State Treasury, the Certification Fund from which moneys, upon appropriation of the Legislature, shall be expended by...
- California Health and Safety Code Section 1569.618
(a) The administrator designated by the licensee pursuant to subdivision (k) of Section 1569.15 shall be present at the facility during normal working hours. A...
- California Health and Safety Code Section 1569.62
(a) The director shall ensure that licensees, administrators, and staffs of residential care facilities for the elderly have appropriate training to provide the care and...
- California Health and Safety Code Section 1569.625
(a) The Legislature finds that the quality of services provided to residents of residential care facilities for the elderly is dependent upon the training and...
- California Health and Safety Code Section 1569.626
All residential care facilities for the elderly that advertise or promote special care, special programming, or a special environment for persons with dementia, in addition...
- California Health and Safety Code Section 1569.627
Any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia shall disclose...
- California Health and Safety Code Section 1569.628
A licensee of a residential care facility for the elderly that advertises or promotes special care, programming, or environments for persons with a health related...
- California Health and Safety Code Section 1569.63
The director shall insure that licensing personnel at the department have appropriate training to properly carry out this chapter.
- California Health and Safety Code Section 1569.64
The department shall institute a staff development and training program within the organization structure to develop among staff the knowledge and understanding necessary to successfully...
- California Health and Safety Code Section 1569.65
(a) On or before January 1, 1987, the department shall publish a comprehensive consumer guideline brochure to assist persons in the evaluation and selection of...
- California Health and Safety Code Section 1569.651
(a) A licensee of a residential care facility for the elderly shall not require any form of preadmission fee or deposit from a recipient under...
- California Health and Safety Code Section 1569.655
(a) If a licensee of a residential care facility for the elderly increases the rates of fees for residents or makes increases in any of...
- California Health and Safety Code Section 1569.657
(a) For any rate increase due to a change in the level of care of the resident, the licensee shall provide the resident and the...
- California Health and Safety Code Section 1569.658
(a) On or before January 31 of each year, the licensee of a licensed residential care facility for the elderly shall prepare a document disclosing...
- California Health and Safety Code Section 1569.66
At least annually, the director shall publish and make available to interested persons a list or lists covering all licensed residential care facilities for the...
- California Health and Safety Code Section 1569.67
(a) The department shall develop a written notice for the purpose of informing any individual who requests information regarding admission to a residential care facility...
- California Health and Safety Code Section 1569.68
All residential care facilities shall be required to include their current license number in any public advertisement or correspondence.
- California Health and Safety Code Section 1569.681
(a) Each residential care facility for the elderly licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with...
- California Health and Safety Code Section 1569.682
(a) A licensee of a licensed residential care facility for the elderly shall, prior to transferring a resident of the facility to another facility or...
- California Health and Safety Code Section 1569.683
(a) In addition to complying with other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction...
- California Health and Safety Code Section 1569.686
(a) A licensee shall notify the department, the State Long-Term Care Ombudsman, all residents, and, if applicable, their legal representatives, in writing, within two business...
- California Health and Safety Code Section 1569.69
(a) Each residential care facility for the elderly licensed under this chapter shall ensure that each employee of the facility who assists residents with the...
- California Health and Safety Code Section 1569.695
(a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency plan that shall include,...
- California Health and Safety Code Section 1569.698
(a) The State Fire Marshal has proposed that the State Building Standards Commission adopt building standards to provide for locked and secured perimeters in residential...
- California Health and Safety Code Section 1569.699
(a) When approved by the person responsible for enforcement as described in Section 13146, exit doors in facilities classified as Group R, Division 2 facilities...
- California Health and Safety Code Section 1569.6991
On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility for the elderly unless the...
- California Health and Safety Code Section 1569.7
Residential care facilities for the elderly that serve residents with Alzheimer's disease and other forms of dementia should include information on sundowning as part of...
- California Health and Safety Code Section 1569.70
It is the intent of the Legislature to develop and implement a plan to establish three levels of care under the residential care facility for...
- California Health and Safety Code Section 1569.71
In consultation with the State Fire Marshal the department shall develop and expedite implementation of regulations related to nonambulatory persons that ensure resident safety but...
- California Health and Safety Code Section 1569.72
(a) Except as otherwise provided in subdivision (d), no resident shall be admitted or retained in a residential care facility for the elderly if any...
- California Health and Safety Code Section 1569.725
(a) A residential care facility for the elderly may permit incidental medical services to be provided through a home health agency, licensed pursuant to Chapter...
- California Health and Safety Code Section 1569.73
(a) Notwithstanding Section 1569.72 or any other provision of law, a residential care facility for the elderly may obtain a waiver from the department for...
- California Health and Safety Code Section 1569.74
(a) Licensed residential care facilities for the elderly that employ health care providers may establish policies to honor a request to forego resuscitative measures as...
- California Health and Safety Code Section 1569.80
(a) A resident of a residential care facility for the elderly, or the resident's representative, or both, shall have the right to participate in decisionmaking...
- California Health and Safety Code Section 1569.82
The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient...
- California Health and Safety Code Section 1569.83
Any person licensed under this chapter who operates, or proposes to operate a residential care facility for the elderly, the department or other public agency...
- California Health and Safety Code Section 1569.84
A residential care facility for the elderly, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use...
- California Health and Safety Code Section 1569.85
Whether or not unrelated persons are living together, a residential care facility for the elderly which serves six or fewer persons shall be considered a...
- California Health and Safety Code Section 1569.86
No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential care facility for the elderly because of...
- California Health and Safety Code Section 1569.87
For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility...
- California Health and Safety Code Section 1569.880
(a) For purposes of this section, an "admission agreement" includes all documents that a resident or his or her representative must sign at the time...
- California Health and Safety Code Section 1569.881
(a) Every residential care facility for the elderly shall make blank complete copies of its admission agreement available to the public immediately, subject to time...
- California Health and Safety Code Section 1569.882
(a) The admission agreement shall be printed in black type of not less than 12-point type size, on plain white paper. The print shall appear...
- California Health and Safety Code Section 1569.883
(a) The admission agreement shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. (b) The admission...
- California Health and Safety Code Section 1569.884
The admission agreement shall include all of the following: (a) A comprehensive description of any items and services provided under a single fee, such as...
- California Health and Safety Code Section 1569.885
(a) When referring to a resident's obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there...
- California Health and Safety Code Section 1569.886
(a) The admission agreement shall not include any ground for involuntary transfer or eviction of the resident unless those grounds are specifically enumerated under state...
- California Health and Safety Code Section 1569.887
(a) The admission agreement shall be signed and dated, acknowledging the contents of the document, by the resident or the resident's representative. (b) The licensee...
- California Health and Safety Code Section 1569.888
(a) The requirements of this article relating to admission agreements for residential care facilities for the elderly are intended to be in addition to, and...
- California Health and Safety Code Section 1569.889
(a) The personal rights form made available by the department's Community Care Licensing Division to residential care facilities for the elderly shall include a statement...
- California Health and Safety Code Section 1570
This chapter shall be known and may be cited as the California Adult Day Health Care Act.
- California Health and Safety Code Section 1570.2
The Legislature hereby finds and declares that there exists a pattern of overutilization of long-term institutional care for elderly persons or adults with disabilities, and...
- California Health and Safety Code Section 1570.7
As used in this chapter and in any regulations promulgated thereunder: (a) "Adult day health care" means an organized day program of therapeutic, social, and...
- California Health and Safety Code Section 1570.9
In the event of conflict between the provisions of this chapter and the provisions of Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with...
- California Health and Safety Code Section 1571
Nothing in this chapter shall require any county to include adult day health care as a part of the services offered by the county hospital...
- California Health and Safety Code Section 1572
(a) The functions and duties of the State Department of Public Health provided for under this chapter shall be performed by the California Department of...
- California Health and Safety Code Section 1574
The state department may delegate to local health departments the authority to verify compliance with the licensing and approval provisions of this chapter, and regulations...
- California Health and Safety Code Section 1574.5
(a) All adult day health care centers shall maintain compliance with licensing requirements. These requirements shall not prohibit program flexibility for the use of alternate...
- California Health and Safety Code Section 1574.7
(a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an...
- California Health and Safety Code Section 1575
No person or public agency within this state shall provide adult day health care in this state, without first obtaining a license therefor as provided...
- California Health and Safety Code Section 1575.1
(a) (1) Each applicant for a license to operate an adult day health care center shall disclose to the department the name and business address...
- California Health and Safety Code Section 1575.2
An applicant for initial licensure as an adult day health care center shall file with the department, pursuant to its regulations, an application on forms...
- California Health and Safety Code Section 1575.3
(a) If an adult day health care center or an applicant for a license has not been previously licensed, the department may only issue a...
- California Health and Safety Code Section 1575.4
(a) The department may issue a provisional license to an adult day health care center if all of the following conditions are met: (1) The...
- California Health and Safety Code Section 1575.45
(a) If the department determines that the adult day health care center operating under a provisional license has serious deficiencies that pose a risk to...
- California Health and Safety Code Section 1575.6
(a) As a prudent business practice, a licensee shall maintain sufficient financial resources for adult day health care operations to enable each licensed facility to...
- California Health and Safety Code Section 1575.7
(a) (1) The State Department of Public Health, prior to issuing a new license, shall obtain a criminal record clearance for the administrator, program director,...
- California Health and Safety Code Section 1575.9
Each application for a new license or renewal submitted to the state department shall be accompanied by an annual Licensing and Certification Program fee set...
- California Health and Safety Code Section 1576
The director shall approve an application for a new license if no substantial basis for denial of the license exists under Section 1575.7, and the...
- California Health and Safety Code Section 1576.2
Each license issued or renewed pursuant to this chapter shall not be transferable and the initial license shall expire 12 months from the date of...
- California Health and Safety Code Section 1576.5
Immediately upon the denial of any application for issuance or renewal of a license, the state department shall notify the applicant in writing. Not later...
- California Health and Safety Code Section 1578
A provider may share space with another licensed health facility, community care facility, senior center, or other appropriate structure, upon the approval of the department,...
- California Health and Safety Code Section 1578.1
(a) Notwithstanding subdivisions (b) and (c) of Section 1570.7 or any other provision of law, if an adult day health care center licensee also provides...
- California Health and Safety Code Section 1579
(a) A rural alternative adult day health care center shall operate its programs a minimum of three days weekly, unless the program can justify, to...
- California Health and Safety Code Section 1580
The state department shall adopt and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part...
- California Health and Safety Code Section 1580.1
The State Department of Health Care Services, and as applicable, the State Department of Public Health and the California Department of Aging, may grant to...
- California Health and Safety Code Section 1580.2
On or before December 1, 1978, the director shall by regulation adopt an equitable and uniform method of evaluating the quality of care and services...
- California Health and Safety Code Section 1580.5
(a) Every adult day health care center shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the...
- California Health and Safety Code Section 1580.9
Any person may request an inspection of any adult day health center in accordance with the provisions of this article by transmitting to the state...
- California Health and Safety Code Section 1581
Upon receipt of a complaint pursuant to Section 1580.9, the state department shall make a preliminary review. Unless the state department determines that the complaint...
- California Health and Safety Code Section 1581.5
Any duly authorized officer, employee, or agent of the department or the California Department of Aging may, upon presentation of proper identification, enter and inspect...
- California Health and Safety Code Section 1582
The state department may provide consulting services upon request to any adult day health center to assist in the identification or correction of deficiencies and...
- California Health and Safety Code Section 1582.5
Reports on the results of each inspection, evaluation, or consultation performed pursuant to this article shall be kept on file in the state department, and...
- California Health and Safety Code Section 1583
The director shall publish and make available to interested persons a list of all licensed adult day health centers, the services which each such facility...
- California Health and Safety Code Section 1584
(a) An adult day health care center that provides care for adults with Alzheimer's disease and other dementias may install for the safety and security...
- California Health and Safety Code Section 1585
No member of the governing board of an adult day health center, nor any member of the immediate family of that board member, may have...
- California Health and Safety Code Section 1585.2
(a) Any operator of a health facility licensed to provide adult day health care under this chapter shall provide that adult day health care as...
- California Health and Safety Code Section 1585.5
Adult day health care centers shall provide services to each participant pursuant to an individual plan of care designed to maintain or restore each participant's...
- California Health and Safety Code Section 1586
No adult day health center shall refuse to provide adult day care health services to any person on the basis that service to such person...
- California Health and Safety Code Section 1586.6
Adult day health care centers may not require family members to attend the center or assist the participant with activities of daily living while at...
- California Health and Safety Code Section 1586.7
(a) Adult day health care centers may not discriminate because of race, color, creed, national origin, sex, sexual orientation, or physical or mental disabilities. Centers...
- California Health and Safety Code Section 1588
(a) The state department shall, subject to the availability of funds appropriated therefor, conduct a grants-in-aid program for the following purposes: (1) To assist in...
- California Health and Safety Code Section 1588.2
Eligibility for grants pursuant to this article shall be limited to any public or private nonprofit agency. As a condition of making a grant, the...
- California Health and Safety Code Section 1588.3
The grant amount available from funds appropriated through the Budget Act for the Adult Day Health Care Program shall not exceed one hundred twenty-five thousand...
- California Health and Safety Code Section 1588.5
In developing policies and priorities pertaining to the allocation of grant funds, the department shall give primary consideration to the following factors: (a) The applicant's...
- California Health and Safety Code Section 1588.7
(a) The department, unless otherwise specified in the interagency agreement entered into pursuant to Section 1572 or pursuant to annual Budget Act requirements, shall adopt...
- California Health and Safety Code Section 1589
Subject to the appropriation of funds pursuant to the annual Budget Act, the department may establish planning and development grants for public or private nonprofit...
- California Health and Safety Code Section 1589.5
State administrative costs on grants issued pursuant to this article shall not exceed 10 percent of the amount of the grants.
- California Health and Safety Code Section 1590
The state department may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds and in the...
- California Health and Safety Code Section 1590.5
Proceedings for the suspension, revocation, or denial of a license under this article shall be conducted in accordance with Section 100171. Except as provided in...
- California Health and Safety Code Section 1591
(a) When the director intends to seek the suspension or revocation of a license, the director shall notify the licensee of the proposed suspension or...
- California Health and Safety Code Section 1591.5
The withdrawal of an application for a license after it has been filed with the state department shall not, unless the state department consents in...
- California Health and Safety Code Section 1595
Any license revoked pursuant to this article may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
- California Health and Safety Code Section 1595.2
Any person who negligently, repeatedly, or willfully violates any of the provisions of this chapter, or regulations adopted pursuant to this chapter, is guilty of...
- California Health and Safety Code Section 1595.5
The director may bring an action to enjoin the violation or threatened violation of Section 1575 in the superior court in and for the county...
- California Health and Safety Code Section 1596
Any action brought by the director against an adult day health center shall not abate by reason of a sale or other transfer of ownership...
- California Health and Safety Code Section 1596.5
The district attorney of every county shall, upon application by the state department or its authorized representative institute and conduct the prosecution of any action...
- California Health and Safety Code Section 1596.60
(a) For the purposes of this chapter, the following definitions shall apply: (1) "Department" means the State Department of Social Services. (2) "Director" means the...
- California Health and Safety Code Section 1596.601
Any child care provider who possesses any one of the following identification cards may initiate a background examination to be a trustline provider: (a) A...
- California Health and Safety Code Section 1596.603
(a) Each person initiating a background examination to be a trustline provider shall either obtain two sets of fingerprints from a law enforcement agency or...
- California Health and Safety Code Section 1596.605
(a) (1) The department shall establish a trustline registry pursuant to this chapter and shall continuously update the registry information. Upon submission of the trustline...
- California Health and Safety Code Section 1596.607
(a) (1) If the department finds that the trustline applicant has been convicted of a crime, other than a minor traffic violation, the department shall...
- California Health and Safety Code Section 1596.608
(a) (1) The department may revoke a provider's trustline registration for any of the following: (A) Procuring trustline registration by fraud or misrepresentation. (B) Knowingly...
- California Health and Safety Code Section 1596.61
(a) The department may charge a fee to a trustline applicant. The department may enter into an interagency agreement for the purpose of transferring funds...
- California Health and Safety Code Section 1596.615
All moneys collected by the department to implement this chapter shall, notwithstanding Section 13340 of the Government Code, be continuously appropriated to the department without...
- California Health and Safety Code Section 1596.616
Notwithstanding Section 1596.61, the department shall charge a fee to each trustline applicant who provides care in an ancillary day care center, that is equal...
- California Health and Safety Code Section 1596.62
(a) (1) The Department of Justice shall maintain and continually update an index of reports of child abuse by, and pertinent criminal convictions of, providers...
- California Health and Safety Code Section 1596.63
It is a misdemeanor for a person to falsely represent or present himself or herself as a trustline applicant or a registered trustline child care
- California Health and Safety Code Section 1596.64
(a) The department shall enter into a contract with the California Child Care Resource and Referral Network to administer the trustline duties as described in...
- California Health and Safety Code Section 1596.643
(a) The California Child Care Resource and Referral Network shall have the following responsibilities: (1) Establish and maintain a toll-free line to allow parents, employment...
- California Health and Safety Code Section 1596.645
The California Child Care Resource and Referral Network, in consultation with representatives of private industry, parents, child care resource and referral agencies, the department, the...
- California Health and Safety Code Section 1596.65
(a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are...
- California Health and Safety Code Section 1596.653
(a) It is the intent of the Legislature to protect the well-being of California children by regulating private individuals and companies that transport or accompany...
- California Health and Safety Code Section 1596.655
A child care resource and referral agency established pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of Part 6 of the Education...
- California Health and Safety Code Section 1596.656
(a) A person 18 years of age or older, who provides child care or child care supervision in an ancillary day care center, as defined...
- California Health and Safety Code Section 1596.66
(a) Each license-exempt child care provider, as defined pursuant to Section 1596.60, who is compensated, in whole or in part, with funds provided pursuant to...
- California Health and Safety Code Section 1596.67
(a) To the extent permitted by federal law, each child care provider, as defined by Section 1596.60, who receives compensation, in whole or in part,...
- California Health and Safety Code Section 1596.68
(a) This chapter shall be operative on July 1, 1998. (b) (1) Before, on, or after July 1, 1998, the department may adopt regulations to...
- California Health and Safety Code Section 1596.70
This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with 1597.30) may be cited as the California Child Day Care Facilities Act.
- California Health and Safety Code Section 1596.71
This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30). This chapter also applies to Chapter 3.65 (commencing with...
- California Health and Safety Code Section 1596.72
The Legislature finds all of the following: (a) That child day care facilities can contribute positively to a child's emotional, cognitive, and educational development. (b)...
- California Health and Safety Code Section 1596.73
The purposes of this act are to: (a) Streamline the administration of child care licensing and thereby increase the efficiency and effectiveness of this system....
- California Health and Safety Code Section 1596.74
Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this chapter and Chapters 3.5 (commencing with Section 1596.90) and...
- California Health and Safety Code Section 1596.75
"Child" means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except...
- California Health and Safety Code Section 1596.750
"Child day care facility" means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or...
- California Health and Safety Code Section 1596.76
"Day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities,...
- California Health and Safety Code Section 1596.77
"Department" means the State Department of Social Services.
- California Health and Safety Code Section 1596.770
"Director" means the Director of Social Services.
- California Health and Safety Code Section 1596.771
"Employer-sponsored child care center" means any child day care facility at the employer's site of business operated directly or through a provider contract by any...
- California Health and Safety Code Section 1596.773
(a) "Probation" means the period of time that a licensed child day care facility is required to comply with specific terms and conditions set forth...
- California Health and Safety Code Section 1596.775
The Legislature finds and declares all of the following: (a) There is a severe shortage of child care for schoolage children throughout California, with many...
- California Health and Safety Code Section 1596.78
(a) "Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home,...
- California Health and Safety Code Section 1596.785
"Nonminor student" means a person 18 years of age or older who qualifies as an individual with exceptional needs, as defined in Section 56026 of...
- California Health and Safety Code Section 1596.79
"Person" means an individual, partnership, association, corporation, limited liability company, or governmental entity, such as the state, a county, city, special district, school district, community...
- California Health and Safety Code Section 1596.790
"Planning agency" means the agency designated pursuant to Section 65100 of the Government Code.
- California Health and Safety Code Section 1596.791
"Provider" means a person who operates a child day care facility and is licensed pursuant to Chapter 3.5 (commencing with Section 1596.90) or 3.6 (commencing...
- California Health and Safety Code Section 1596.7915
"Schoolage child care center" means a day care center or part of a day care center that provides nonmedical care and supervision, personal services, or...
- California Health and Safety Code Section 1596.792
This chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not apply to any of the following: (a) Any...
- California Health and Safety Code Section 1596.792
This chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not apply to any of the following: (a) Any...
- California Health and Safety Code Section 1596.793
This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) do not apply to recreation programs conducted for children by...
- California Health and Safety Code Section 1596.794
The department shall serve as the liaison to child day care facilities for the purposes of Sections 17608 to 17613, inclusive, of the Education Code.
- California Health and Safety Code Section 1596.795
(a) The smoking of tobacco in a private residence that is licensed as a family day care home shall be prohibited during the hours of...
- California Health and Safety Code Section 1596.796
Notwithstanding any other provision of law, payments are not required to be made to any person who provides child care services and is exempt from...
- California Health and Safety Code Section 1596.797
(a) Blood glucose testing for the purposes of monitoring a minor child diagnosed with diabetes may be performed in a child day care facility in...
- California Health and Safety Code Section 1596.798
(a) Notwithstanding any other provision of law, licensees and staff of a child day care facility may administer inhaled medication to a child if all...
- California Health and Safety Code Section 1596.799
(a) Notwithstanding Section 1597.05 or any other provision of law, any day care center that exclusively offers a program of services for which there is...
- California Health and Safety Code Section 1596.80
No person, firm, partnership, association, or corporation shall operate, establish, manage, conduct, or maintain a child day care facility in this state without a current...
- California Health and Safety Code Section 1596.803
(a) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a child...
- California Health and Safety Code Section 1596.805
No person, firm, partnership, association, or corporation shall provide specialized services within a child day care facility in this state without first obtaining a special...
- California Health and Safety Code Section 1596.806
(a) A room used as a classroom by a schoolage child care program shall not be required to meet the square footage or toilet requirements...
- California Health and Safety Code Section 1596.807
The State Department of Social Services, shall allow an extended day care program, whether or not exempt from licensure pursuant to subdivision (h) of Section...
- California Health and Safety Code Section 1596.808
(a) Commencing January 1, 2012, except as provided in subdivisions (b) and (c), a licensed child day care facility shall comply with all of the...
- California Health and Safety Code Section 1596.809
A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining...
- California Health and Safety Code Section 1596.81
(a) The department shall adopt, amend, or repeal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title...
- California Health and Safety Code Section 1596.813
The department shall adopt regulations regarding immunization requirements for children enrolled in family day care homes in accordance with Chapter 1 (commencing with Section 120325)...
- California Health and Safety Code Section 1596.815
The department shall, on or before December 31, 1991, review all child care regulations of the department with respect to clarifying or eliminating vagueness and...
- California Health and Safety Code Section 1596.816
(a) The Community Care Licensing Division of the department shall regulate child care licensees through an organizational unit that is separate from that used to...
- California Health and Safety Code Section 1596.817
(a) When the department conducts a site visit of a licensed child day care facility, the department shall post on, or immediately adjacent to, the...
- California Health and Safety Code Section 1596.818
(a) The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health,...
- California Health and Safety Code Section 1596.82
The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. If an agency also provides licensing,...
- California Health and Safety Code Section 1596.83
An applicant or licensee shall file his or her mailing address, in writing, with the department and, shall notify the department, in writing, of any...
- California Health and Safety Code Section 1596.84
The department may issue provisional licenses to operate day care facilities which the director determines are in substantial compliance with the provisions of the licensure...
- California Health and Safety Code Section 1596.841
Each child day care facility shall maintain a current roster of children who are provided care in the facility. The roster shall include the name,...
- California Health and Safety Code Section 1596.842
Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or...
- California Health and Safety Code Section 1596.843
(a) Whenever a facility visit and a complaint investigation are conducted at the same time by the department, a separate licensing report shall be used...
- California Health and Safety Code Section 1596.844
The department shall acknowledge in writing within 10 days of receipt, the request of a licensee to review notices of deficiency or penalty, or both.
- California Health and Safety Code Section 1596.845
Prior to the issuance of a new license or special permit pursuant to this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing...
- California Health and Safety Code Section 1596.846
(a) The Legislature finds and declares all of the following: (1) The American Academy of Pediatrics, after reviewing the data from all the studies, concluded...
- California Health and Safety Code Section 1596.847
(a) A child day care facility shall not use or have on the premises, on or after July 1, 1998, a full-size or non-full-size crib...
- California Health and Safety Code Section 1596.85
No license or special permit issued pursuant to Chapters 3.5 (commencing with Section 15967.90) and 3.6 (commencing with Section 1597.30) shall have any property value...
- California Health and Safety Code Section 1596.851
(a) (1) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously...
- California Health and Safety Code Section 1596.852
Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision,...
- California Health and Safety Code Section 1596.853
(a) Any person may request an inspection of any child day care facility in accordance with the California Child Day Care Facilities Act by transmitting...
- California Health and Safety Code Section 1596.8535
(a) Notwithstanding any other provision of law, the department shall conduct any authorized inspection, announced site visit, or unannounced site visit of any child daycare...
- California Health and Safety Code Section 1596.854
The withdrawal of an application for a license or a special permit after it has been filed with the department shall not, unless the department...
- California Health and Safety Code Section 1596.855
(a) Upon attendance at an orientation meeting, as described in Section 1596.845, an applicant shall be provided, without charge, a printed copy of all applicable...
- California Health and Safety Code Section 1596.8555
A licensed child day care facility shall post its license in a prominent, publicly accessible location in the facility. A family day care home shall...
- California Health and Safety Code Section 1596.856
If the department finds that the applicant is not in compliance with this act or the regulations promulgated under this act, the department shall deny...
- California Health and Safety Code Section 1596.857
(a) Upon presentation of identification, the responsible parent or guardian of a child receiving services in a child day care facility has the right to...
- California Health and Safety Code Section 1596.858
A license shall be forfeited by operation of law prior to its expiration date when any one of the following occurs: (a) The licensee sells...
- California Health and Safety Code Section 1596.859
(a) (1) Each licensed child day care facility shall make accessible to the public a copy of any licensing report or other public licensing document...
- California Health and Safety Code Section 1596.8595
(a) (1) Each licensed child day care facility shall post a copy of any licensing report pertaining to the facility that documents either a facility...
- California Health and Safety Code Section 1596.86
(a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than...
- California Health and Safety Code Section 1596.861
(a) Each child day care facility licensed under this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) shall reveal...
- California Health and Safety Code Section 1596.862
(a) The department may approve or deny a written request for enrollment or retention of a nonminor student at a schoolage child care center. The...
- California Health and Safety Code Section 1596.865
It is the intent of the Legislature to encourage any person who provides child care in a child day care facility licensed pursuant to this...
- California Health and Safety Code Section 1596.866
(a) (1) In addition to other required training, at least one director or teacher at each day care center, and each family day care home...
- California Health and Safety Code Section 1596.8661
(a) For purposes of the training required pursuant to paragraph (4) of subdivision (a) of Section 1596.798, pediatric first aid training pursuant to Section 1596.866...
- California Health and Safety Code Section 1596.867
(a) All child day care facilities, as defined in Section 1596.750, shall include an Earthquake Preparedness Checklist as an attachment to the disaster plan prescribed...
- California Health and Safety Code Section 1596.869
Directors of combination child day care facilities shall be included in the teacher-child ratio during periods when they are actively supervising children and on the...
- California Health and Safety Code Section 1596.87
The department shall institute a staff development and training program within the organizational structure to develop among staff the knowledge, understanding of children and child...
- California Health and Safety Code Section 1596.871
The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of...
- California Health and Safety Code Section 1596.8712
(a) (1) Whenever an individual is excluded by the department from a licensed family day care home, the department shall prepare and provide to the...
- California Health and Safety Code Section 1596.8713
(a) The Department of Justice may charge a fee sufficient to cover its costs in providing services in accordance with Section 1596.871 to comply with...
- California Health and Safety Code Section 1596.8714
On or before March 1, 2000, the State Department of Social Services shall convene a workgroup to review current criminal background check requirements and processes...
- California Health and Safety Code Section 1596.8715
If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the...
- California Health and Safety Code Section 1596.8716
(a) For licensing purposes, employees of a child care and development program operated by a school district, county office of education, or community college under...
- California Health and Safety Code Section 1596.872a
(a) The department may establish a child care advocate program. Each regional office, as well as the central office of the department, may have an...
- California Health and Safety Code Section 1596.872b
(a) The department may establish a child care advocate program. This program may have one child care advocate for each licensing district regional office providing...
- California Health and Safety Code Section 1596.873
The advisory committee established pursuant to Section 8286 of the Education Code shall perform all of the following functions with regard to this act: (a)...
- California Health and Safety Code Section 1596.874
(a) The State Department of Social Services shall furnish each licensed child day care facility with a notice that shall be posted at the facility...
- California Health and Safety Code Section 1596.875
To assure compliance with this act, the department shall: (a) Conduct ongoing in-service programs for licensing staff in cooperation with other public entities and local...
- California Health and Safety Code Section 1596.876
In any case in which a child day care facility releases a minor to a peace officer pursuant to Section 305 of the Welfare and...
- California Health and Safety Code Section 1596.877
(a) Prior to granting a license to, or otherwise approving, any family day care home, the department shall check the child abuse and neglect complaint...
- California Health and Safety Code Section 1596.878
The department shall establish, administer, and monitor programs which license child day care facilities consistent with the provisions of this act.
- California Health and Safety Code Section 1596.879
Immediately upon the denial of any application for a license or for a special permit, the department shall notify the applicant in writing. Within 15...
- California Health and Safety Code Section 1596.880
For the purposes of this article: (a) "Employee" means employee of a licensee or employee of the agent of a licensee subject to this act....
- California Health and Safety Code Section 1596.881
No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in any manner discriminate against any employee who takes any...
- California Health and Safety Code Section 1596.882
(a) A claim by the employee alleging the violation by the employer of Section 1596.881 shall be presented to the employer within 45 days after...
- California Health and Safety Code Section 1596.883
Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for the...
- California Health and Safety Code Section 1596.885
The department may deny an application for or suspend or revoke any license, registration, or special permit issued under this act upon any of the...
- California Health and Safety Code Section 1596.886
The director may temporarily suspend any license, registration, or special permit prior to any hearing when, in the opinion of the director, the action is...
- California Health and Safety Code Section 1596.8865
(a) When a local child protective agency, as defined in Section 11165 of the Penal Code, has a reasonable suspicion, as defined in subdivision (a)...
- California Health and Safety Code Section 1596.8866
The State Department of Social Services shall reopen an investigation into a licensed child day care facility when any person provides the department with a...
- California Health and Safety Code Section 1596.8867
(a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license,...
- California Health and Safety Code Section 1596.887
(a) Proceedings for the suspension, revocation, or denial of a license, registration, or special permit under this chapter shall be conducted in accordance with Chapter...
- California Health and Safety Code Section 1596.8871
(a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including...
- California Health and Safety Code Section 1596.8872
(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue...
- California Health and Safety Code Section 1596.8875
In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses...
- California Health and Safety Code Section 1596.888
Any license, registration, or special permit suspended pursuant to this chapter, and any special permit revoked pursuant to this chapter, may be reinstated pursuant to...
- California Health and Safety Code Section 1596.889
In all proceedings conducted in accordance with Section 1596.887, the preponderance of the evidence standard shall apply.
- California Health and Safety Code Section 1596.8895
(a) Whenever the director temporarily suspends the license, registration, or special permit of a child day care facility pursuant to Section 1596.886, the director or...
- California Health and Safety Code Section 1596.8897
(a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee...
- California Health and Safety Code Section 1596.8898
(a) (1) If the department determines that a person was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter...
- California Health and Safety Code Section 1596.8899
The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility...
- California Health and Safety Code Section 1596.89
The director may bring an action to enjoin the violation or threatened violation of Section 1596.80 or 1596.805 in the superior court in and for...
- California Health and Safety Code Section 1596.890
(a) Any person who willfully or repeatedly violates any provision of this chapter, or any rule or regulation promulgated under this chapter is guilty of...
- California Health and Safety Code Section 1596.891
(a) A person who violates Section 1596.80 may be liable for an immediate assessment of civil penalties in the amount of two hundred dollars ($200)...
- California Health and Safety Code Section 1596.8915
Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, or agent of...
- California Health and Safety Code Section 1596.892
The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any...
- California Health and Safety Code Section 1596.893a
(a) When the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in...
- California Health and Safety Code Section 1596.893b
(a) When the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in...
- California Health and Safety Code Section 1596.894
Any action brought by the department against an unlicensed child day care facility shall not abate by reason of sale or other transfer of ownership...
- California Health and Safety Code Section 1596.895
(a) The department shall notify resource and referral agencies funded pursuant to Section 8210 of the Education Code of any priority one violation or any...
- California Health and Safety Code Section 1596.90
No day care center for children shall be licensed under Chapter 3 (commencing with Section 1500), but shall be subject to licensure exclusively in accordance...
- California Health and Safety Code Section 1596.95
Any person desiring issuance of a license for a day care center or a special permit for specialized services in a day care center under...
- California Health and Safety Code Section 1596.952
(a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director,...
- California Health and Safety Code Section 1596.955
(a) The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component...
- California Health and Safety Code Section 1596.956
(a) The department shall develop guidelines and procedures to authorize licensed child day care centers serving infants to create a special program component for children...
- California Health and Safety Code Section 1596.96
(a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an...
- California Health and Safety Code Section 1596.97
A license or special permit for a day care center for children may be issued providing the licensee has been found not to be in...
- California Health and Safety Code Section 1596.98
(a) The department shall notify the day care center in writing of all deficiencies in its compliance with this chapter and the rules and regulations...
- California Health and Safety Code Section 1596.99
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the...
- California Health and Safety Code Section 1597.05
(a) Licensing reviews of a child day care center shall be limited to health and safety considerations and shall not include any reviews of the...
- California Health and Safety Code Section 1597.055
(a) Notwithstanding any other educational requirements, a person may be hired as a teacher in a day care center if he or she satisfies all...
- California Health and Safety Code Section 1597.056
Notwithstanding any other educational requirements, a person may be hired to provide extended day care for children of a given grade level in a day...
- California Health and Safety Code Section 1597.057
Any requirement established by the department, pursuant to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that coursework in early childhood education or child...
- California Health and Safety Code Section 1597.059
(a) The State Department of Social Services shall adopt guidelines and procedures to permit an aide to assist a fully qualified child care teacher in...
- California Health and Safety Code Section 1597.07
The department shall require of every licensee a written policy statement which shall include names and qualifications of all current employees, admission policies, program philosophy,...
- California Health and Safety Code Section 1597.08
All site visits shall be unannounced.
- California Health and Safety Code Section 1597.09
(a) Each licensed child day care center shall be subject to unannounced visits by the department. The department shall visit these facilities as often as...
- California Health and Safety Code Section 1597.091
(a) In addition to the visits required by Section 1597.09, the department shall annually make unannounced spot visits to 20 percent of all child day...
- California Health and Safety Code Section 1597.11
The department shall notify the State Department of Education when a child care or development facility licensed pursuant to this chapter is found to have...
- California Health and Safety Code Section 1597.13
The department and any local agency with which it contracts for the licensing of day care centers shall grant or deny an application for license...
- California Health and Safety Code Section 1597.14
(a) Notwithstanding Section 1596.858, in the event of a sale of a licensed child day care center where the sale will result in a new...
- California Health and Safety Code Section 1597.15
(a) The director shall authorize the University of California to conduct a pilot project pursuant to this section for a period not to extend 24...
- California Health and Safety Code Section 1597.20
The Legislature finds and declares all of the following: (a) There is a critical need to increase opportunities for children to engage in positive activities...
- California Health and Safety Code Section 1597.21
The following requirements shall apply to schoolage day care centers: (a) The State Department of Social Services shall permit the substitution of 20 training hours...
- California Health and Safety Code Section 1597.30
The Legislature finds and declares: (a) It has a responsibility to ensure the health and safety of children in family homes that provide day care....
- California Health and Safety Code Section 1597.36
The department shall provide written documentation to providers of the need for repairs, renovations, or additions when requested for an application for a loan guarantee...
- California Health and Safety Code Section 1597.40
(a) It is the intent of the Legislature that family day care homes for children should be situated in normal residential surroundings so as to...
- California Health and Safety Code Section 1597.43
The Legislature finds and declares all of the following: (a) Family day care homes operated under the standards of state law constitute accessory uses of...
- California Health and Safety Code Section 1597.44
A small family day care home may provide care for more than six and up to eight children, without an additional adult attendant, if all...
- California Health and Safety Code Section 1597.45
All of the following shall apply to small family day care homes: (a) The use of single-family residence as a small family day care home...
- California Health and Safety Code Section 1597.46
All of the following shall apply to large family day care homes: (a) A city, county, or city and county shall not prohibit large family...
- California Health and Safety Code Section 1597.465
A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the...
- California Health and Safety Code Section 1597.467
(a) Whenever any licensee under this chapter has reasonable cause to believe that a child in his or her care has suffered any injury or...
- California Health and Safety Code Section 1597.47
The provisions of this chapter shall not be construed to preclude any city, county, or other local public entity from placing restrictions on building heights,...
- California Health and Safety Code Section 1597.52
(a) Licensing reviews of a family day care home for children shall be limited to health and safety considerations and shall not include any reviews...
- California Health and Safety Code Section 1597.53
No family day care home for children shall be licensed under Chapter 3 (commencing with Section 1500), but shall be subject to licensure exclusively in...
- California Health and Safety Code Section 1597.531
(a) All family day care homes for children shall maintain in force either liability insurance covering injury to clients and guests in the amount of...
- California Health and Safety Code Section 1597.54
All family day care homes for children, shall apply for a license under this chapter, except that any home which on June 28, 1981, had...
- California Health and Safety Code Section 1597.541
(a) The department shall adopt regulations regarding age-appropriate immunization requirements for enrolled children for family day care homes. (b) All family day care homes for...
- California Health and Safety Code Section 1597.542
(a) The Division of Child Care Licensing in the department shall clearly differentiate degrees of violations of the regulations adopted for purposes of this chapter...
- California Health and Safety Code Section 1597.55a
Every family day care home shall be subject to unannounced visits by the department as provided in this section. The department shall visit these facilities...
- California Health and Safety Code Section 1597.55b
No site visits, unannounced visits, or spot checks, shall be made under this chapter except as provided in this section. (a) An announced site visit...
- California Health and Safety Code Section 1597.56
(a) The department shall notify a family day care home in writing of all deficiencies in its compliance with this act and the rules and...
- California Health and Safety Code Section 1597.57
The department shall do all of the following: (a) Develop and utilize one application form for all family day care homes for children requesting a...
- California Health and Safety Code Section 1597.58
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b)...
- California Health and Safety Code Section 1597.59
The department and the local agencies with which it contracts for the licensing of family day care homes for children shall grant or deny a...
- California Health and Safety Code Section 1597.61
(a) When the department determines that a family day care home for children is operating without a license and notifies the unlicensed provider of the...
- California Health and Safety Code Section 1597.62
(a) The department may impose civil penalties of not less than twenty-five dollars ($25) and not more than fifty dollars ($50) per day per violation...
- California Health and Safety Code Section 1597.621
Family day care homes that, on December 31, 1983, have a valid unexpired registration to operate as a family day care home for children pursuant...
- California Health and Safety Code Section 1597.70
The Legislature finds and declares the following: (a) It is significant that the Santa Clara County Intergovernmental Council has found that due to changes in...
- California Health and Safety Code Section 1597.71
To encourage and facilitate the establishment of employer-sponsored child day care centers, the department shall allow for reasonable waivers of those regulations presenting difficulties to...
- California Health and Safety Code Section 1598
It is the intent of the Legislature in the enactment of this chapter to establish a grant program administered by the State Department of Social...
- California Health and Safety Code Section 1598.1
The State Department of Social Services shall provide grants to proposed and existing local rape victim counseling centers. Such centers shall maintain a 24-hour telephone...
- California Health and Safety Code Section 1598.5
The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the State Department of Social Services for expenditure during...
- California Health and Safety Code Section 1599
It is the intent of the Legislature in enacting this chapter to expressly set forth fundamental human rights which all patients shall be entitled to...
- California Health and Safety Code Section 1599.1
Written policies regarding the rights of patients shall be established and shall be made available to the patient, to any guardian, next of kin, sponsoring...
- California Health and Safety Code Section 1599.2
Written information informing patients of their rights shall include a preamble or preliminary statement in substantial form as follows: (a) Further facility requirements are set...
- California Health and Safety Code Section 1599.3
Any rights under this chapter of a patient judicially determined to be incompetent, or who is found by his physician to be medically incapable of...
- California Health and Safety Code Section 1599.4
In no event shall this chapter be construed or applied in a manner which imposes new or additional obligations or standards on skilled nursing or...
- California Health and Safety Code Section 1599.60
As used in this chapter: (a) "Abbreviated contract of admission" means a contract which meets the provisions of this chapter, except as otherwise provided, for...
- California Health and Safety Code Section 1599.61
(a) By January 1, 2000, all skilled nursing facilities, as defined in subdivision (c) of Section 1250, intermediate care facilities, as defined in subdivision (d)...
- California Health and Safety Code Section 1599.62
(a) Contracts of admission shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. No contract of...
- California Health and Safety Code Section 1599.63
(a) Every long-term health care facility shall make complete blank copies of its admission contract immediately available to the public at cost, upon request. (b)...
- California Health and Safety Code Section 1599.64
(a) All abbreviated contracts of admission and contracts of admission shall be printed in black type of not less than 10-point type size, on plain...
- California Health and Safety Code Section 1599.645
(a) Within 30 days of approval of a change of ownership by the State Department of Public Health, the skilled nursing facility shall send written...
- California Health and Safety Code Section 1599.65
(a) Prior to or at the time of admission, the facility shall make reasonable efforts to communicate the content of the contract to, and obtain...
- California Health and Safety Code Section 1599.651
A person who seeks to be admitted to the same long-term health care facility for which there exists a prior executed contract of admission which...
- California Health and Safety Code Section 1599.652
A person who seeks to be admitted to the same skilled nursing facility or intermediate care facility to receive respite care services for which there...
- California Health and Safety Code Section 1599.66
Every contract of admission shall clearly and explicitly state whether the facility participates in the Medi-Cal program.
- California Health and Safety Code Section 1599.67
(a) Every contract of admission shall state clearly what services and supplies are covered by the facility's basic daily rate. In addition, the agreement shall...
- California Health and Safety Code Section 1599.68
Any long-term health care facility that imposes interest charges on delinquent accounts shall clearly state in the contract of admission the rate of interest so...
- California Health and Safety Code Section 1599.69
(a) The contract of admission for any long-term health care facility that is a Medi-Cal certified facility shall state in bold capital letters of not...
- California Health and Safety Code Section 1599.70
(a) No contract of admission may require a security deposit from a Medi-Cal beneficiary who applies for admission to the facility as a Medi-Cal patient....
- California Health and Safety Code Section 1599.71
(a) No contract of admission shall require the resident to pay for days beyond the date of his or her death or involuntary discharge from...
- California Health and Safety Code Section 1599.72
No contract of admission shall include a clause requiring residents to sign a consent to all treatment ordered by any physician. Contracts of admission may...
- California Health and Safety Code Section 1599.73
(a) Every contract of admission shall state that residents have a right to confidential treatment of medical information. (b) The contract shall provide a means...
- California Health and Safety Code Section 1599.74
(a) The department shall translate both the statutory Patients' Bill of Rights, as provided in Chapter 3.9 (commencing with Section 1599), the regulatory Patients' Bill...
- California Health and Safety Code Section 1599.75
(a) When referring to a resident's obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that...
- California Health and Safety Code Section 1599.76
(a) No contract of admission shall list any ground for involuntary transfer or discharge of the resident except those grounds which are specifically enumerated in...
- California Health and Safety Code Section 1599.77
With respect to transfer or eviction of a resident pursuant to Section 1439.7: (a) Contracts of admission shall speak only of "material" or "fraudulent" misrepresentation...
- California Health and Safety Code Section 1599.78
All contracts of admission shall state that except in an emergency, no resident may be involuntarily transferred within or discharged from a long-term health care...
- California Health and Safety Code Section 1599.79
Every contract of admission shall meet the requirements of Section 72520 of Title 22 of the California Administrative Code, which requires that the facility offer...
- California Health and Safety Code Section 1599.80
Facilities that wish to photograph a resident for other than staff identification or health care purposes shall obtain permission from the resident whether for one...
- California Health and Safety Code Section 1599.81
(a) All contracts of admission that contain an arbitration clause shall clearly indicate that agreement to arbitration is not a precondition for medical treatment or...
- California Health and Safety Code Section 1599.82
No contract of admission shall include a clause that purports to alter the statutory period for filing an action against a facility.
- California Health and Safety Code Section 1599.83
If a provision for the payment of attorney's fees is included in the admission contract, it shall state that in disputes arising from the admission...
- California Health and Safety Code Section 1599.84
This chapter applies to new admissions to skilled nursing and intermediate care facilities on and after January 1, 1988. This chapter shall not be construed...
- California Health and Safety Code Section 1599.85
Long-term health care facilities must prominently and clearly display the following notice on all contracts of admission, and all advertisements used to solicit consumers to...
- California Health and Safety Code Section 1599.86
"Contract of admission," as used in this chapter, includes all documents which a resident or his or her representative must sign at the time of,...
- California Health and Safety Code Section 1599.87
The Department of Health Services (the Department) shall compile a list of approximately twenty five % (25%) of the long-term health care facilities with the...
- California Health and Safety Code Section 1599.88
The Department shall issue regulations to implement this Chapter, including permitting one disclosure to satisfy the requirements of Section 1599.85 for all advertisements on the...
- California Health and Safety Code Section 1599.89
The remedies for violations of this Chapter are as provided in Government Code Section 12269.
- California Health and Safety Code Section 1600
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Health and Safety Code Section 1600.1
"Biologics" includes the following products which are offered for sale or distribution for the prevention or treatment of disease, except biologics which are registered pursuant...
- California Health and Safety Code Section 1600.2
"Blood bank" means any place where human whole blood, and human whole blood derivatives specified by regulation, are collected, prepared, tested, processed, or stored, or...
- California Health and Safety Code Section 1600.21
"Blood collection center" means a stationary auxiliary to a blood bank which is designed, equipped, and staffed to procure human whole blood or blood components...
- California Health and Safety Code Section 1600.22
"Stationary" means a nonmobile room or building maintained at a fixed address.
- California Health and Safety Code Section 1600.25
"Mobile unit" means a transportable auxiliary to a blood bank designed, equipped, and staffed to procure human whole blood and to transport this blood to...
- California Health and Safety Code Section 1600.3
"Blood bank depository" means any place other than a blood bank where human whole blood and human whole blood derivatives specified by regulation are stored...
- California Health and Safety Code Section 1600.35
"Blood component" or "blood derivative" means any product produced from whole blood.
- California Health and Safety Code Section 1600.4
"Distribution" includes sale and exchange.
- California Health and Safety Code Section 1600.5
"Production" includes collection, preparation, testing, processing, storage, and distribution of biologics under a license issued by the department.
- California Health and Safety Code Section 1600.6
"Department" means the State Department of Health Services.
- California Health and Safety Code Section 1600.7
"Carrier donor" means any donor of human whole blood whose blood donation has been found, either by laboratory tests or by the tracing of a...
- California Health and Safety Code Section 1600.8
"Possible carrier donor" means any donor of human whole blood whose blood donation was administered where multiple transfusions from multiple donors were administered to a...
- California Health and Safety Code Section 1600.9
"Carrier of viral hepatitis" means a person under treatment by a physician who has contracted viral hepatitis which has been confirmed by voluntary laboratory tests...
- California Health and Safety Code Section 1602.5
(a) No person shall engage in the production of human whole blood or human whole blood derivatives unless the person is licensed under this chapter...
- California Health and Safety Code Section 1602.6
(a) No person shall import any human whole blood or human whole blood derivative produced outside the state unless that blood or blood product meets...
- California Health and Safety Code Section 1603.1
(a) Except as provided in this subdivision, no blood or blood components shall be used in vivo for humans in this state, unless the blood...
- California Health and Safety Code Section 1603.2
(a) Each blood bank or plasma center shall require as identification either a photographic driver's license or other photographic identification that is issued by the...
- California Health and Safety Code Section 1603.3
(a) Prior to a donation of blood or blood components, each donor shall be notified in writing of, and shall have signed a written statement...
- California Health and Safety Code Section 1603.4
(a) Notwithstanding Chapter 7 (commencing with Section 120975) of Part 4 of Division 105, or any other provision of law, no public entity or any...
- California Health and Safety Code Section 1603.5
(a) Notwithstanding any other provision of law, every person engaged in the production of blood shall, if the product is intended for transfusion, label each...
- California Health and Safety Code Section 1604
The distribution or release for distribution by blood banks of human whole blood, or those human whole blood derivatives specified by regulation, shall be made...
- California Health and Safety Code Section 1604.6
(a) Notwithstanding any other provision of law, in order to provide umbilical cord blood banking storage services, a blood bank shall be licensed pursuant to...
- California Health and Safety Code Section 1605
Establishments which receive human whole blood and human whole blood derivatives specified by regulation and are not subject to license in accordance with this chapter...
- California Health and Safety Code Section 1606
The procurement, processing, distribution, or use of whole blood, plasma, blood products, and blood derivatives for the purpose of injecting or transfusing the same, or...
- California Health and Safety Code Section 1607
(a) Notwithstanding any other provision of law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses,...
- California Health and Safety Code Section 1607.5
(a) Notwithstanding any other provision of law, a person who has attained the age of 17 may consent to the donation of his or her...
- California Health and Safety Code Section 1608
This chapter does not repeal or in any manner affect any provision of the Business and Professions Code relating to the practice of medicine.
- California Health and Safety Code Section 1609
No person shall engage in the production of biologics other than human whole blood and human whole blood derivatives unless: (a) In a laboratory licensed...
- California Health and Safety Code Section 1610
The department shall make rules and regulations governing the production of all biologics produced in establishments under subdivision (c) of Section 1609.
- California Health and Safety Code Section 1611
The department may make rules and regulations governing the transportation or distribution of cultures of micro-organisms which may produce disease in man or animals.
- California Health and Safety Code Section 1613
Applications for licenses issued under this chapter shall be made upon forms issued by the department. The applications shall contain at least the following: (a)...
- California Health and Safety Code Section 1614
If the department does not within 60 days after the filing of the application issue a license, it shall state the grounds and reasons for...
- California Health and Safety Code Section 1615
(a) A license shall be automatically revoked when there is a change of address, ownership, or person in charge of biologics production. However, a new...
- California Health and Safety Code Section 1616
(a) Each application for a license or license renewal under this chapter shall be accompanied by a fee determined by the director by regulations and...
- California Health and Safety Code Section 1616.5
(a) The fee required pursuant to Section 1616 for the calendar year commencing January 1, 1992, and for each fiscal year thereafter unless adjusted pursuant...
- California Health and Safety Code Section 1617
(a) The department shall administer this chapter. (b) In order to carry out this chapter, any duly authorized representative of the department may do any...
- California Health and Safety Code Section 1618
(a) Licenses shall be suspended or revoked by the department for the violation of any provision of this chapter, or of any rule or regulation...
- California Health and Safety Code Section 1619
Nothing in this chapter shall be considered to be in conflict with Part 5 (commencing with Section 109875) of Division 104 of this code and...
- California Health and Safety Code Section 1620
The violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more...
- California Health and Safety Code Section 1621.5
(a) It is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years,...
- California Health and Safety Code Section 1625
As used in this article: (a) "Blood" means human whole blood or components of human blood, including plasma, which are prepared from human whole blood...
- California Health and Safety Code Section 1625.1
In addition to the requirements of Section 1602.1, subdivisions (a) to (c), inclusive, of Section 1002 of Title 17 of the California Administrative Code, and...
- California Health and Safety Code Section 1626
(a) Except as provided in subdivisions (b) and (c), it shall be unlawful, in any transfusion of blood, to use any blood that was obtained...
- California Health and Safety Code Section 1627
(a) (1) On or before July 1, 2011, the University of California is requested to develop a plan to establish and administer the Umbilical Cord...
- California Health and Safety Code Section 1628
(a) The University of California may accept public and private funds for the purpose of implementing this article. (b) The Umbilical Cord Blood Collection Program...
- California Health and Safety Code Section 1629
In implementing the program, the department shall make every effort to avoid duplication or conflicts with existing and ongoing programs and to leverage existing resources.
- California Health and Safety Code Section 1630
This article shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is...
- California Health and Safety Code Section 1635
(a) "Donor" means an individual, living or deceased, from whom tissue is removed. (b) "Person" means an individual, corporation, business trust, estate trust, partnership, association,...
- California Health and Safety Code Section 1635.1
(a) Except as provided in subdivision (b), every tissue bank operating in California on or after July 1, 1992, shall have a current and valid...
- California Health and Safety Code Section 1635.2
The Legislature hereby declares its intent that the collection, processing, storage, or distribution of tissue for the purpose of transplantation, as regulated by this chapter,...
- California Health and Safety Code Section 1639
(a) The department may adopt rules and regulations governing the administration and enforcement of this chapter. (b) Regulations adopted by the department may include minimum...
- California Health and Safety Code Section 1639.01
(a) Notwithstanding Section 1639, the state department shall adopt, on or before July 1, 2004, rules and regulations governing licensed tissue banks engaged in the...
- California Health and Safety Code Section 1639.1
Any person desiring a license issued pursuant to Section 1639.3 shall file with the state department a verified application on forms prescribed by the state...
- California Health and Safety Code Section 1639.2
(a) Each license issued pursuant to subdivision (a) of Section 1639.3 before July 1, 1992, shall expire July 1, 1993. Every other license issued pursuant...
- California Health and Safety Code Section 1639.3
(a) Upon the filing of the verified application for licensure required by Section 1639.1, payment of the application fee in the amount required in Section...
- California Health and Safety Code Section 1639.35
Any person, when submitting an application for a license, including the renewal thereof, pursuant to this chapter, shall also submit, with the application, a copy...
- California Health and Safety Code Section 1639.4
Immediately upon the denial of any application for a license, the state department shall notify the applicant in writing. Within 20 days after the state...
- California Health and Safety Code Section 1639.5
(a) The application and annual renewal fee for a tissue bank license shall be nine hundred fifty dollars ($950). Upon application for renewal of a...
- California Health and Safety Code Section 1639.55
(a) There is hereby established in the State Treasury the Tissue Bank License Fund. Notwithstanding any other provision of law, if, at the end of...
- California Health and Safety Code Section 1639.56
The department shall submit a report to the Legislature no later than January 1, 2003, including, but not limited to, examining and evaluating all of...
- California Health and Safety Code Section 1639.6
(a) In order to carry out the purpose of this chapter, any duly authorized representative of the department may do any of the following: (1)...
- California Health and Safety Code Section 1641
Any person who violates this chapter or who willfully and repeatedly violates any rule or regulation adopted under this chapter, is guilty of a misdemeanor...
- California Health and Safety Code Section 1641.1
The state department may bring an action to enjoin the violation or threatened violation of Section 1635.1 in the superior court in and for the...
- California Health and Safety Code Section 1643
The state department may suspend or revoke any license issued under this chapter for any of the following reasons: (a) Violation by the licensee of...
- California Health and Safety Code Section 1643.1
Proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with Section 100171.
- California Health and Safety Code Section 1643.2
The state department may temporarily suspend any license issued under this chapter prior to any hearing, when it has determined that the action is necessary...
- California Health and Safety Code Section 1644
(a) For purposes of this chapter, "donor," "person," "tissue," "transplantation," and "department" shall have the meaning as defined for those terms in Section 1635. (b)...
- California Health and Safety Code Section 1644.5
(a) Except as provided in subdivision (c) or (d), no tissues shall be transferred into the body of another person by means of transplantation, unless...
- California Health and Safety Code Section 1644.7
Any entity that receives genetic material of a human being that may be used for conception shall provide to the person depositing his or her...
- California Health and Safety Code Section 1644.8
Any entity that receives genetic material of a human being that may be used for conception shall make available to the person depositing his or...
- California Health and Safety Code Section 1644.9
This chapter does not apply to the application of somatic nuclear transfer technology to the creation of a human being that shares all of its...
- California Health and Safety Code Section 1645
(a) Whenever there is a reasonable possibility, as determined by a physician and surgeon or doctor of podiatric medicine, that a blood transfusion may be...
- California Health and Safety Code Section 1647
The procurement, processing, distribution, or use of human milk for the purpose of human consumption shall be construed to be, and is declared to be...
- California Health and Safety Code Section 1648
(a) A hospital that collects, processes, stores, or distributes human milk collected from a mother exclusively for her own child shall comply with the most...
- California Health and Safety Code Section 1650
The public health and welfare depend on the humane use of animals for scientific advancement in the diagnosis and treatment of human and animal diseases,...
- California Health and Safety Code Section 1651
The State Department of Health Services shall administer the provisions of this chapter. Every provision of this chapter shall be liberally construed to protect the...
- California Health and Safety Code Section 1660
The department shall make and promulgate, and may thereafter modify, amend or rescind, reasonable rules and regulations to carry out the purposes of this chapter,...
- California Health and Safety Code Section 1661
The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, shall be applicable...
- California Health and Safety Code Section 1662
The department is hereby authorized to inspect any premises or property on or in which animals are kept for experimental or diagnostic purposes, for the...
- California Health and Safety Code Section 1666
No person shall keep or use animals for diagnostic purposes, education or research unless approved by the board.
- California Health and Safety Code Section 1667
The board shall prescribe the rules under which approval shall be granted including the standards regarding the care and treatment of such animals employed. Any...
- California Health and Safety Code Section 1668
The board may, upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any person keeping...
- California Health and Safety Code Section 1669
This chapter does not apply to any veterinary licensed to practice veterinary medicine in this State or to any place of business operated by such...
- California Health and Safety Code Section 1670
Nothing contained in this chapter shall be construed to limit or restrict the right of counties, cities, cities and counties, towns or townships, to adopt...
- California Health and Safety Code Section 1672
It is unlawful for any person to use animals for the purposes provided for in this chapter without the approval of the board.
- California Health and Safety Code Section 1673
Any person who violates this chapter is guilty of a misdemeanor.
- California Health and Safety Code Section 1676
An annual fee, to be employed for the enforcement of this act, shall accompany each application for approval. The fee shall be determined by the...
- California Health and Safety Code Section 1677
Annual fees payable under this chapter shall become due and payable by each person approved by the board 12 months from the date of its...
- California Health and Safety Code Section 1685
The governing body of a city, county, city and county or school district may employ one or more school audiometrists, each of whom shall be...
- California Health and Safety Code Section 1686
The State Department of Health Services shall, subject to the provisions of Section 1685, issue certificates of registration to school audiometrists and to qualified supervisors...
- California Health and Safety Code Section 1690
(a) Prior to the performance of a hysterectomy, physicians and surgeons shall obtain verbal and written informed consent. The informed consent procedure shall ensure that...
- California Health and Safety Code Section 1691
The failure of a physician and surgeon to inform a patient by means of written consent, in layman's language and in a language understood by...
- California Health and Safety Code Section 1695
To the extent that funds are available in the State Department of Health Services' budget for the 1994-95 fiscal year for this purpose, the department...
- California Health and Safety Code Section 1725
(a) The purpose of this chapter is to require licensure of home health agencies in order to protect the health and safety of the people...
- California Health and Safety Code Section 1726
(a) No private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other governmental agency within the...
- California Health and Safety Code Section 1727
(a) "Home health agency" means a private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other...
- California Health and Safety Code Section 1727.1
A licensed home health agency may also provide, or arrange for the provision of, other therapeutic services to persons in their temporary or permanent place...
- California Health and Safety Code Section 1727.5
Each home health agency providing home health agency services shall do all of the following: (a) Provide for a plan of treatment for patients receiving...
- California Health and Safety Code Section 1727.7
(a) The Legislature finds and declares the following: (1) Thousands of patients receive home health care each year, thus preventing, postponing, and limiting the need...
- California Health and Safety Code Section 1728
Any person, organization, political subdivision of the state or governmental agency desiring a license under the provisions of this chapter or a hospital as defined...
- California Health and Safety Code Section 1728.1
(a) To qualify for a home health agency license, the following requirements shall be met: (1) Every applicant shall satisfy the following conditions: (A) Be...
- California Health and Safety Code Section 1728.2
(a) If a home health agency or an applicant for a license has not been previously licensed, the state department may only issue a provisional...
- California Health and Safety Code Section 1728.3
Notwithstanding Sections 1728.1 and 1732, the state department may issue a provisional license to a home health agency if: (a) The agency and the applicant...
- California Health and Safety Code Section 1728.7
(a) Notwithstanding any other provision of this chapter, the state department shall issue a license to a home health agency that applies to the state...
- California Health and Safety Code Section 1728.8
(a) It is the intent of the Legislature to ensure that the department licenses and certifies home health agencies in a reasonable and timely manner...
- California Health and Safety Code Section 1729
Each application for a license under this chapter, except applications by the State of California or any state department, authority, bureau, commission, or officer, shall...
- California Health and Safety Code Section 1730
(a) Each license issued under this chapter shall expire 12 months from the date of its issuance. Application for renewal of license accompanied by the...
- California Health and Safety Code Section 1731
No person, public or private organization, political subdivision of the state, or other governmental agency within the state, shall continue to operate, conduct, or maintain...
- California Health and Safety Code Section 1732
Upon filing of the application for a license provided for in, and upon full compliance with, the provisions of this chapter and the rules and...
- California Health and Safety Code Section 1733
Every home health agency for which a license has been issued, except a facility that is certified to participate either in the Medicare program under...
- California Health and Safety Code Section 1734
(a) The state department shall adopt, and may thereafter modify, amend, or rescind, reasonable rules and regulations to carry out the purposes of this chapter,...
- California Health and Safety Code Section 1734.5
The department may grant to entities contracting with the department under the PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part...
- California Health and Safety Code Section 1735
The state department may deny any application for, or suspend or revoke any license issued under the provisions of this chapter upon any of the...
- California Health and Safety Code Section 1736
Proceedings for the denial, suspension or revocation of licenses or denial or withdrawal of approval under this chapter shall be conducted in accordance with Section...
- California Health and Safety Code Section 1736.1
(a) An applicant for certification as a certified home health aide shall comply with each of the following requirements: (1) Have successfully completed a training...
- California Health and Safety Code Section 1736.2
(a) Certificates issued for certified home health aides shall be renewed every two years and renewal shall be conditioned on the certificate holder obtaining a...
- California Health and Safety Code Section 1736.4
(a) The state department shall investigate complaints concerning misconduct by certified home health aides and may take disciplinary action pursuant to Section 1736.5. (b) The...
- California Health and Safety Code Section 1736.5
(a) The department shall deny a training application and deny, suspend, or revoke a certificate issued under this article if the applicant or certificate holder...
- California Health and Safety Code Section 1736.6
(a) (1) A criminal record clearance shall be conducted by the department for all home health aides by electronically submitting fingerprint images and related information...
- California Health and Safety Code Section 1736.7
(a) The state department may request and maintain employment information for home health aides. (b) Within five working days of receipt of a criminal record...
- California Health and Safety Code Section 1737
Any license revoked pursuant to this chapter may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
- California Health and Safety Code Section 1737.5
Any licensee may, with the approval of the state department, surrender his license for suspension or cancellation by the state department. Any license suspended or...
- California Health and Safety Code Section 1738
The provisions of this chapter do not apply to any home health agency conducted by and for the adherents of any well recognized church or...
- California Health and Safety Code Section 1739
Any person who violates any of the provisions of this chapter or of the rules and regulations promulgated under this chapter is guilty of a...
- California Health and Safety Code Section 1740
The director may bring an action to enjoin the violation or threatened violation of Section 1726 in the superior court in and for the county...
- California Health and Safety Code Section 1741
Any officer, employee, or agent of the state department may enter and inspect any building, premises, record or file of a licensee at any reasonable...
- California Health and Safety Code Section 1742
The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution of any action...
- California Health and Safety Code Section 1743
(a) The Legislature finds and declares all of the following: (1) There is currently a crisis in accessing home health care. (2) Approximately 300 home...
- California Health and Safety Code Section 1743.2
(a) "Private duty nursing agency" means a private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or...
- California Health and Safety Code Section 1743.3
Each private duty nursing agency providing services shall do all of the following: (a) Provide for a plan of treatment for patients receiving private duty...
- California Health and Safety Code Section 1743.7
Any person, organization, political subdivision of the state or governmental agency desiring a license under this chapter, or any health facility as defined in Section...
- California Health and Safety Code Section 1743.9
(a) To qualify for a private duty nursing agency license, the following requirements shall be met: (1) Every applicant shall satisfy the following conditions: (A)...
- California Health and Safety Code Section 1743.11
(a) If a private duty nursing agency or an applicant for a license has not been previously licensed, the department may only issue a provisional...
- California Health and Safety Code Section 1743.13
(a) Notwithstanding Sections 1743.9 and 1743.15, if a private duty nursing agency or an applicant for a license has been previously licensed as a home...
- California Health and Safety Code Section 1743.15
(a) Upon filing an application for a private duty nursing agency license as provided for in, and upon the full compliance with, the provisions of...
- California Health and Safety Code Section 1743.17
Each application for a private duty nursing agency license under this chapter, except applications by this state or any state department, authority, bureau, commission, or...
- California Health and Safety Code Section 1743.19
Each private duty nursing agency license issued under this chapter shall expire 12 months from the date of its issuance. Application for renewal of license...
- California Health and Safety Code Section 1743.21
(a) Every private duty nursing agency for which a license has been issued, except a facility that is certified to participate either in the Medicare...
- California Health and Safety Code Section 1743.23
(a) The department shall apply its current regulations governing home health agencies to home health agencies and to private duty nursing agencies and may thereafter...
- California Health and Safety Code Section 1743.25
(a) The department may deny any application for, or suspend or revoke, any private duty nursing license issued under this chapter upon any of the...
- California Health and Safety Code Section 1743.27
(a) Any license revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. (b) Any licensee may, with the...
- California Health and Safety Code Section 1743.29
The provisions of this chapter do not apply to the adherents of any well recognized church or religious denomination that provides for the care or...
- California Health and Safety Code Section 1743.31
Any person who violates any of the provisions of this chapter, or of the rules and regulations promulgated under this chapter, is guilty of a...
- California Health and Safety Code Section 1743.33
The director may bring an action to enjoin the violation or threatened violation of Section 1743 in the superior court in and for the county...
- California Health and Safety Code Section 1743.35
Any officer, employee, or agent of the department may enter and inspect any building, premises, record, or file of a private duty nursing agency licensee...
- California Health and Safety Code Section 1743.37
The district attorney of every county shall, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for...
- California Health and Safety Code Section 1745
(a) The purposes of this chapter are to provide for the licensure of hospices by the state department in order to ensure the health and...
- California Health and Safety Code Section 1746
For the purposes of this chapter, the following definitions apply: (a) "Bereavement services" means those services available to the surviving family members for a period...
- California Health and Safety Code Section 1747
(a) No person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, shall establish...
- California Health and Safety Code Section 1747.1
A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be...
- California Health and Safety Code Section 1747.5
Each hospice licensed pursuant to this chapter shall maintain, and revise as needed, and implement policies regarding the purchase, storage, furnishing, and transportation of legend...
- California Health and Safety Code Section 1748
(a) Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political subdivision of the state, or other governmental agency shall...
- California Health and Safety Code Section 1749
(a) To qualify for a license under this chapter, an applicant shall satisfy all of the following: (1) Be of good moral character. If the...
- California Health and Safety Code Section 1749.5
The Legislature recognizes that hospices can apply for certification for their hospice programs from the federal Medicare program. If the department has determined during any...
- California Health and Safety Code Section 1750
(a) Each new and renewal application for a license under this chapter shall be accompanied by an annual Licensing and Certification Program fee set in...
- California Health and Safety Code Section 1751
(a) Upon an applicant's filing an application for licensure under this chapter and compliance with this chapter and the rules and regulations adopted by the...
- California Health and Safety Code Section 1752
(a) A licensed hospice, at the state department's option, may periodically be inspected by a duly authorized representative of the state department. Reports of each...
- California Health and Safety Code Section 1753
(a) The state department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of...
- California Health and Safety Code Section 1754
(a) Any licensee may, with the approval of the state department, surrender his or her license for suspension or cancellation by the state department. (b)...
- California Health and Safety Code Section 1755
(a) The state department may deny any application for licensure, or suspend or revoke any license issued, under this chapter upon any of the following...
- California Health and Safety Code Section 1756
(a) The suspension, expiration, or forfeiture by operation of law of a license issued by the state department under this chapter, the suspension or cancellation...
- California Health and Safety Code Section 1757
Any person who violates any provision of this chapter or any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon...
- California Health and Safety Code Section 1758
The director may bring an action to enjoin the violation or threatened violation of Section 1748 in the superior court in and for the county...
- California Health and Safety Code Section 1759
The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution within his or...
- California Health and Safety Code Section 1760
In enacting this chapter, it is the intent of the Legislature to create, within the state department, a program for licensing pediatric day health and...
- California Health and Safety Code Section 1760.2
As used in this chapter, the following definitions shall apply: (a) "Pediatric day health and respite care facility" means a facility which provides an organized...
- California Health and Safety Code Section 1760.4
(a) The state department shall develop and adopt regulations for the licensure of, and shall license, pediatric day health and respite care facilities. The regulations...
- California Health and Safety Code Section 1760.5
The annual Licensing and Certification Program fee for a pediatric day health and respite care facility, as defined in Section 1760.2, shall be set in...
- California Health and Safety Code Section 1760.6
(a) A pediatric day health and respite care facility shall provide all of the following services: (1) Medical. (2) Nursing. (3) Pharmacy. (4) Nutrition. (5)...
- California Health and Safety Code Section 1760.8
(a) A pediatric day health and respite care facility may establish admission criteria based upon the compatibility of the developmental needs of the persons served...
- California Health and Safety Code Section 1761
Pediatric day health and respite care facilities shall be separately licensed.
- California Health and Safety Code Section 1761.2
(a) Pediatric day health and respite care facilities shall meet the same fire safety standards adopted by the State Fire Marshal that apply to community...
- California Health and Safety Code Section 1761.4
A pediatric day health and respite care facility of six beds or less shall be considered a residential use of property for purposes of any...
- California Health and Safety Code Section 1761.6
A pediatric day health and respite care facility shall conspicuously post the license, or a true copy thereof, in a location accessible to public view.
- California Health and Safety Code Section 1761.8
A pediatric day health and respite care facility shall not be subject to architectural plan review or field inspection by the Office of Statewide Health...
- California Health and Safety Code Section 1765.101
This chapter shall be known, and may be cited as, the Mobile Health Care Services Act.
- California Health and Safety Code Section 1765.105
As used in this chapter, the following definitions shall apply: (a) "Parent facility" means a health facility licensed pursuant to Chapter 2 (commencing with Section...
- California Health and Safety Code Section 1765.110
The purpose of this chapter is to provide for the use of mobile units to provide medical, diagnostic, and treatment services, in order to help...
- California Health and Safety Code Section 1765.115
A mobile unit may operate as one of the following: (a) As an adjunct to a licensed health facility or to a licensed clinic. (b)...
- California Health and Safety Code Section 1765.117
The state department shall charge applicants a licensure fee as follows: (a) Pursuant to Chapter 1 (commencing with Section 1200), or Chapter 2 (commencing with...
- California Health and Safety Code Section 1765.120
Compliance with all of the following criteria shall be required prior to licensure: (a) The mobile unit shall comply with the applicable requirements of the...
- California Health and Safety Code Section 1765.125
(a) Except as provided in subdivision (b), no person, political subdivision of the state, or governmental agency shall operate a mobile service unit without first...
- California Health and Safety Code Section 1765.130
(a) Any applicant under this chapter shall file with the state department an application. The application shall be on forms prescribed and furnished by the...
- California Health and Safety Code Section 1765.135
(a) To qualify for a license under this chapter, an applicant shall satisfy all the requirements of this chapter, the applicable requirements of Chapter 1...
- California Health and Safety Code Section 1765.140
(a) Mobile units that provide services as an addition to the existing license of a parent facility shall be subject to the same requirements and...
- California Health and Safety Code Section 1765.145
(a) A licensee using mobile services pursuant to this chapter shall, at the department's option, be periodically inspected, in addition to any inspections required pursuant...
- California Health and Safety Code Section 1765.150
(a) The mobile unit shall be of sufficient size and shall be arranged in a manner that is appropriate for the provision of those health...
- California Health and Safety Code Section 1765.155
(a) The licensed parent facility or clinic shall be responsible for obtaining approvals for the site or sites of the mobile unit as required by...
- California Health and Safety Code Section 1765.160
Any licensee using mobile services pursuant to this chapter shall do all of the following: (a) Have written policies established by the governing body of...
- California Health and Safety Code Section 1765.165
(a) For general acute care hospitals, mobile unit services shall not be utilized as a primary source for a basic hospital service, as defined in...
- California Health and Safety Code Section 1765.170
The mobile unit shall comply with all of the following: (a) It shall have supplies and equipment to meet the needs of the patients served....
- California Health and Safety Code Section 1765.175
The state department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title...
- California Health and Safety Code Section 1770
The Legislature finds, declares, and intends all of the following: (a) Continuing care retirement communities are an alternative for the long-term residential, social, and health...
- California Health and Safety Code Section 1771
Unless the context otherwise requires, the definitions in this section govern the interpretation of this chapter. (a) (1) "Affiliate" means any person, corporation, limited liability...
- California Health and Safety Code Section 1771.2
(a) An entity shall apply for and hold a currently valid permit to accept deposits before it may enter into a deposit agreement or accept...
- California Health and Safety Code Section 1771.3
(a) This chapter shall not apply to either of the following: (1) An arrangement for the care of a person by a relative. (2) An...
- California Health and Safety Code Section 1771.4
An entity may conduct a market test for a proposed continuing care retirement community and collect reservation fees from persons interested in residing at the...
- California Health and Safety Code Section 1771.5
The department shall not issue a provisional certificate of authority or a certificate of authority to an applicant until the applicant has obtained licenses for...
- California Health and Safety Code Section 1771.6
(a) Any entity may apply to the department for a Letter of Nonapplicability for reasons other than those specified in Section 1771.3, which states that...
- California Health and Safety Code Section 1771.7
(a) No resident of a continuing care retirement community shall be deprived of any civil or legal right, benefit, or privilege guaranteed by law, by...
- California Health and Safety Code Section 1771.8
(a) The Legislature finds and declares all of the following: (1) The residents of continuing care retirement communities have a unique and valuable perspective on...
- California Health and Safety Code Section 1771.10
Each provider shall adopt a comprehensive disaster preparedness plan specifying policies for evacuation, relocation, continued services, reconstruction, organizational structure, insurance coverage, resident education, and plant
- California Health and Safety Code Section 1772
(a) No report, circular, public announcement, certificate, financial statement, or any other printed matter or advertising material, or oral representation, that states or implies that...
- California Health and Safety Code Section 1772.2
(a) All printed advertising materials, including brochures, circulars, public announcements, and similar publications pertaining to continuing care or a continuing care retirement community shall specify...
- California Health and Safety Code Section 1773
(a) A provisional certificate of authority or certificate of authority may not be sold, transferred, or exchanged in any manner. A provider may not sell...
- California Health and Safety Code Section 1774
No arrangement allowed by a permit to accept deposits, a provisional certificate or authority, or a certificate of authority issued by the department under this...
- California Health and Safety Code Section 1775
(a) To the extent that this chapter, as interpreted by the department, conflicts with the statutes, regulations, or interpretations governing the sale or hire of...
- California Health and Safety Code Section 1776
The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2...
- California Health and Safety Code Section 1776.2
The department may, by any duly authorized representative, inspect and examine any continuing care retirement community, including the books and records thereof, or the performance...
- California Health and Safety Code Section 1776.3
(a) The Continuing Care Contracts Branch of the department shall enter and review each continuing care retirement community in the state at least once every...
- California Health and Safety Code Section 1776.4
The department may contract with any entity to provide consultation services. In providing the services, the entity shall conform to the requirements of this chapter...
- California Health and Safety Code Section 1776.6
(a) Pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and...
- California Health and Safety Code Section 1778
(a) There is hereby created in the State Treasury a fund which shall be known as the Continuing Care Provider Fee Fund. The fund shall...
- California Health and Safety Code Section 1779
(a) An entity shall file an application for a permit to accept deposits and for a certificate of authority with the department, as set forth...
- California Health and Safety Code Section 1779.2
(a) Any entity filing an application for a permit to accept deposits and a certificate of authority shall pay an application fee. (b) The applicant...
- California Health and Safety Code Section 1779.4
An application shall contain all of the following: (a) A statement signed by the applicant under penalty of perjury certifying that to the best of...
- California Health and Safety Code Section 1779.6
(a) Within seven calendar days of receipt of an initial application for a permit to accept deposits and a certificate of authority, the department shall...
- California Health and Safety Code Section 1779.7
(a) Where any portion of the consideration transferred to an applicant as a deposit or to a provider as consideration for a continuing care contract...
- California Health and Safety Code Section 1779.8
(a) The applicant shall notify the department of material changes in the application information submitted to the department, including the applicant's financial and marketing projections....
- California Health and Safety Code Section 1779.10
(a) The department shall deny an application for a permit to accept deposits and a certificate of authority if the applicant fails to do any...
- California Health and Safety Code Section 1780
The department shall issue a permit to accept deposits when it has done all of the following: (a) Determined that the application is adequate. (b)...
- California Health and Safety Code Section 1780.2
(a) A deposit may be paid in one or several payments, at or after the time the parties enter into the deposit agreement. A deposit...
- California Health and Safety Code Section 1780.4
(a) All deposit agreements between the applicant and the depositor shall be in writing and shall contain all information required by this section. (b) All...
- California Health and Safety Code Section 1781
(a) All deposits, excluding processing fees, shall be placed in an escrow account. All terms governing the deposit escrow account shall be approved in advance...
- California Health and Safety Code Section 1781.2
(a) All deposits shall be delivered to the escrow agent and deposited into the deposit escrow account within five business days after receipt by the...
- California Health and Safety Code Section 1781.4
The deposit escrow account agreement between the applicant and the escrow agent shall include all of the following: (a) The amount of the processing fee....
- California Health and Safety Code Section 1781.6
All changes to a deposit agreement or deposit escrow account agreement form shall be submitted to, and approved by, the department before use by the
- California Health and Safety Code Section 1781.8
(a) Deposits held in escrow shall be placed in an interest bearing account or invested as provided under subdivision (e) of Section 1781. (b) Interest,...
- California Health and Safety Code Section 1781.10
No deposit or any other asset held in a deposit escrow account, shall be encumbered or used as collateral for any obligation of the applicant...
- California Health and Safety Code Section 1782
(a) An applicant shall not begin construction on any phase of a continuing care retirement community without first obtaining a written acknowledgment from the department...
- California Health and Safety Code Section 1783
(a) (1) An applicant proposing to convert an existing building to continuing care use shall comply with all the application requirements in Section 1779.4 identified...
- California Health and Safety Code Section 1783.2
(a) An escrow agent shall refund to the depositor all amounts required by the depositor's deposit agreement upon receiving written notice from the applicant that...
- California Health and Safety Code Section 1783.3
(a) In order to seek a release of escrowed funds, the applicant shall petition in writing to the department and certify to each of the...
- California Health and Safety Code Section 1784
(a) If construction of the proposed continuing care retirement community, or applicable phase, has not commenced within 36 months from the date the permit to...
- California Health and Safety Code Section 1785
(a) If, at any time prior to issuance of a certificate of authority, the applicant's average performance over any six-month period does not substantially equal...
- California Health and Safety Code Section 1786
(a) The department shall issue a provisional certificate of authority when an applicant has done all of the following: (1) Complied with the approved marketing...
- California Health and Safety Code Section 1786.2
(a) The department shall not issue a certificate of authority to an applicant or a provider, until the department determines that each of the following...
- California Health and Safety Code Section 1787
(a) All continuing care contracts shall be in writing and shall contain all the information required by Section 1788. (b) All continuing care contract forms,...
- California Health and Safety Code Section 1788
(a) A continuing care contract shall contain all of the following: (1) The legal name and address of each provider. (2) The name and address...
- California Health and Safety Code Section 1788.2
(a) A continuing care contract may be canceled without cause by written notice from either party within 90 days from the date of the resident's...
- California Health and Safety Code Section 1788.4
(a) During the cancellation period, the provider shall pay all refunds owed to a resident within 14 calendar days after a resident makes possession of...
- California Health and Safety Code Section 1789
(a) A provider shall notify the department and obtain its approval before making any changes to any of the following: its name; its business structure...
- California Health and Safety Code Section 1789.1
(a) Before executing a deposit agreement or continuing care agreement, or receiving any payment from a depositor or prospective resident, a provider shall deliver to...
- California Health and Safety Code Section 1789.2
(a) A provider shall provide the department with written notice at least 90 calendar days prior to closing any transaction that results in an encumbrance...
- California Health and Safety Code Section 1789.4
(a) A provider for a continuing care retirement community shall obtain approval from the department before consummating any sale or transfer of the continuing care...
- California Health and Safety Code Section 1789.6
A provider shall record with the county recorder a "Notice of Statutory Limitation on Transfer" for each community as required by subdivision (aa) of Section...
- California Health and Safety Code Section 1789.8
Each provider shall obtain and maintain in effect insurance or a fidelity bond for each agent or employee, who, in the course of his or...
- California Health and Safety Code Section 1790
(a) Each provider that has obtained a provisional or final certificate of authority and each provider that possesses an inactive certificate of authority shall submit...
- California Health and Safety Code Section 1791
(a) An annual fee shall be required of each provider which has obtained a provisional or final certificate of authority. (b) Each annual report submitted...
- California Health and Safety Code Section 1792
(a) A provider shall maintain at all times qualifying assets as a liquid reserve in an amount that equals or exceeds the sum of the...
- California Health and Safety Code Section 1792.2
(a) A provider shall satisfy its liquid reserve obligation with qualifying assets. Qualifying assets are: (1) Cash. (2) Cash equivalents as defined in paragraph (4)...
- California Health and Safety Code Section 1792.3
(a) Each provider shall include in its liquid reserve a reserve for its long-term debt obligations in an amount equal to the sum of all...
- California Health and Safety Code Section 1792.4
(a) Each provider shall include in its liquid reserve a reserve for its operating expenses in an amount that equals or exceeds 75 days' net...
- California Health and Safety Code Section 1792.5
(a) The provider shall compute its liquid reserve requirement as of the end of the provider's most recent fiscal yearend based on its audited financial...
- California Health and Safety Code Section 1792.6
(a) Any provider offering a refundable contract, or other entity assuming responsibility for refundable contracts, shall maintain a refund reserve in trust for the residents....
- California Health and Safety Code Section 1792.7
(a) The Legislature finds and declares all of the following: (1) In continuing care contracts, providers offer a wide variety of living accommodations and care...
- California Health and Safety Code Section 1792.8
(a) For purposes of this article, "actuarial study" means an analysis that addresses the current actuarial financial condition of a provider that is performed by...
- California Health and Safety Code Section 1792.9
(a) All providers shall file annually with the department a financial report disclosing key financial ratios and other key indicators in a form determined by...
- California Health and Safety Code Section 1792.10
(a) Each provider that has entered into Type A contracts shall submit to the department, at least once every five years, an actuary's opinion as...
- California Health and Safety Code Section 1793
(a) Any provider offering a refundable contract, or other entity assuming responsibility for refundable contracts, shall maintain a refund reserve fund in trust for the...
- California Health and Safety Code Section 1793.5
(a) An entity that accepts deposits and proposes to promise to provide care without having a current and valid permit to accept deposits is guilty...
- California Health and Safety Code Section 1793.6
(a) The department may issue citations pursuant to this section containing orders of abatement and assessing civil penalties against any entity that violates Section 1771.2...
- California Health and Safety Code Section 1793.7
A permit to accept deposits, a provisional certificate of authority, or a certificate of authority shall be forfeited by operation of law when any one...
- California Health and Safety Code Section 1793.8
A Certificate of Authority shall be automatically inactivated when a provider voluntarily ceases to enter into continuing care contracts with new residents. The provider shall...
- California Health and Safety Code Section 1793.9
(a) In the event of receivership or liquidation, all claims made against a provider based on the provider's continuing care contracts shall be preferred claims...
- California Health and Safety Code Section 1793.11
(a) Any transfer of money or property, pursuant to a continuing care contract found by the department to be executed in violation of this chapter,...
- California Health and Safety Code Section 1793.13
(a) The department may require a provider to submit a financial plan, if either of the following applies: (1) A provider fails to file a...
- California Health and Safety Code Section 1793.15
(a) When necessary to secure an applicant's or a provider' s performance of its obligations to depositors or residents, the department may record a notice...
- California Health and Safety Code Section 1793.17
(a) When necessary to secure the interests of depositors or residents, the department may require that the applicant or provider reestablish an escrow account, return...
- California Health and Safety Code Section 1793.19
The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive and may be sought and employed by the...
- California Health and Safety Code Section 1793.21
The department, in its discretion, may condition, suspend, or revoke any permit to accept deposits, provisional certificate of authority, or certificate of authority issued under...
- California Health and Safety Code Section 1793.23
(a) If the department conditions, suspends, or revokes any permit to accept deposits, provisional certificate of authority, or certificate of authority issued pursuant to this...
- California Health and Safety Code Section 1793.25
(a) During the period that the revocation or suspension action is pending against the permit to accept deposits, provisional certificate of authority, or certificate of...
- California Health and Safety Code Section 1793.27
(a) If the department finds that any entity has violated Section 1793.5 or one or more grounds exist for conditioning, revoking, or suspending a permit...
- California Health and Safety Code Section 1793.29
In the case of any violation or threatened violation of this chapter, the department may institute a proceeding or may request the Attorney General to...
- California Health and Safety Code Section 1793.31
(a) The district attorney of every county may, upon application by the department or its authorized representative, institute and conduct the prosecution of any action...
- California Health and Safety Code Section 1793.50
(a) The department may petition the superior court for an order appointing a qualified administrator to operate a continuing care retirement community, and thereby mitigate...
- California Health and Safety Code Section 1793.52
The court-appointed administrator shall immediately notify the residents of that appointment and of the status of the continuing care retirement community management.
- California Health and Safety Code Section 1793.54
If an administrator is appointed to rehabilitate a provider, the administrator may do any of the following: (a) Take possession of and preserve, protect and...
- California Health and Safety Code Section 1793.56
(a) The appointed administrator is entitled to reasonable compensation. (b) The costs compensating the administrator may be charged against the assets of the provider. When...
- California Health and Safety Code Section 1793.58
(a) The department, administrator, or any interested person, upon due notice to the administrator, at any time, may apply to the court for an order...
- California Health and Safety Code Section 1793.60
(a) If at any time the department determines that further efforts to rehabilitate the provider would not be in the best interest of the residents...
- California Health and Safety Code Section 1793.62
(a) The department, administrator, or any interested person, upon due notice to the parties, may petition the court for an order terminating the rehabilitation proceedings...
- California Health and Safety Code Section 1793.80
(a) Notwithstanding any other provisions of law, a provider regulated under this chapter shall, no less than 120 days prior to the intended date of...
- California Health and Safety Code Section 1793.81
No less than 90 days prior to the permanent closure of the continuing care retirement community facility, as defined in paragraph (3) of subdivision (p)...
- California Health and Safety Code Section 1793.82
(a) In the case of a permanent closure, the provider shall offer the resident the choice of the following four options, the terms of which...
- California Health and Safety Code Section 1793.83
(a) When there is a permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, within 30 days of submitting the relocation...
- California Health and Safety Code Section 1793.84
(a) The provider shall submit monthly progress reports to the department detailing the progress and problems associated with the permanent closure, as defined in paragraph...
- California Health and Safety Code Section 1793.60
(a) If at any time the department determines that further efforts to rehabilitate the provider would not be in the best interest of the residents...
- California Health and Safety Code Section 1793.62
(a) The department, administrator, or any interested person, upon due notice to the parties, may petition the court for an order terminating the rehabilitation proceedings...
- California Health and Safety Code Section 1793.90
(a) All providers shall include in resident contracts the procedures to be followed to ensure that residential temporary relocations provide comparable levels of care, services,...
- California Health and Safety Code Section 1793.91
The provider shall set forth specific procedures for the resident to follow regarding relocation to the unit originally vacated, the selection of a new unit,...
- California Health and Safety Code Section 1795
(a) Notwithstanding any other provision of law, a skilled nursing facility as defined in subdivision (c) of Section 1250, any intermediate care facility, as defined...
- California Health and Safety Code Section 1797
This division shall be known and may be cited as the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act.
- California Health and Safety Code Section 1797.1
The Legislature finds and declares that it is the intent of this act to provide the state with a statewide system for emergency medical services...
- California Health and Safety Code Section 1797.2
It is the intent of the Legislature to maintain and promote the development of EMT-P paramedic programs where appropriate throughout the state and to initiate...
- California Health and Safety Code Section 1797.3
The provisions of this division do not preclude the adoption of additional training standards for EMT-II and EMT-P personnel by local EMS agencies, consistent with...
- California Health and Safety Code Section 1797.4
Any reference in any provision of law to mobile intensive care paramedics subject to former Article 3 (commencing with Section 1480) of Chapter 2.5 of...
- California Health and Safety Code Section 1797.5
It is the intent of the Legislature to promote the development, accessibility, and provision of emergency medical services to the people of the State of...
- California Health and Safety Code Section 1797.6
(a) It is the policy of the State of California to ensure the provision of effective and efficient emergency medical care. The Legislature finds and...
- California Health and Safety Code Section 1797.7
(a) The Legislature finds and declares that the ability of some prehospital emergency medical care personnel to move from the jurisdiction of one local EMS...
- California Health and Safety Code Section 1797.8
(a) For purposes of this section, the following definitions apply: (1) "EMT-I" means any person who has training and a valid certificate as prescribed by...
- California Health and Safety Code Section 1797.9
(a) This division shall not be construed to regulate or authorize state or local regulation of any nonmedical aspects of the following: (1) Public aircraft...
- California Health and Safety Code Section 1797.50
Unless the context otherwise requires, the definitions contained in this chapter shall govern the provisions of this division.
- California Health and Safety Code Section 1797.52
"Advanced life support" means special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation,...
- California Health and Safety Code Section 1797.53
"Alternative base station" means a facility or service operated and directly supervised by, or directly supervised by, a physician and surgeon who is trained and...
- California Health and Safety Code Section 1797.54
"Authority" means the Emergency Medical Services Authority established by this division.
- California Health and Safety Code Section 1797.56
"Authorized registered nurse," "mobile intensive care nurse," or "MICN" means a registered nurse who is functioning pursuant to Section 2725 of the Business and Professions...
- California Health and Safety Code Section 1797.58
"Base hospital" means one of a limited number of hospitals which, upon designation by the local EMS agency and upon the completion of a written...
- California Health and Safety Code Section 1797.59
"Base hospital physician" or "BHP" means a physician and surgeon who is currently licensed in California, who is assigned to the emergency department of a...
- California Health and Safety Code Section 1797.60
"Basic life support" means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper...
- California Health and Safety Code Section 1797.61
(a) "Certificate" or "license" means a specific document issued to an individual denoting competence in the named area of prehospital service. (b) "Certificate status" or...
- California Health and Safety Code Section 1797.62
"Certifying entity" means a public safety agency or the office of the State Fire Marshal if the agency has a training program for EMT-I personnel...
- California Health and Safety Code Section 1797.63
"Certifying examination" or "examination for certification" means an examination designated by the authority for a specific level of prehospital emergency medical care personnel that must...
- California Health and Safety Code Section 1797.64
"Commission" means the Commission on Emergency Medical Services created pursuant to the provisions of Section 1799.
- California Health and Safety Code Section 1797.66
"Competency based curriculum" means a curriculum in which specific objectives are defined for each of the separate skills taught in training programs with integrated didactic...
- California Health and Safety Code Section 1797.67
"Designated facility" means a hospital which has been designated by a local EMS agency to perform specified emergency medical services systems functions pursuant to guidelines...
- California Health and Safety Code Section 1797.68
"Director" means the Director of the Emergency Medical Services Authority.
- California Health and Safety Code Section 1797.70
"Emergency" means a condition or situation in which an individual has a need for immediate medical attention, or where the potential for such need is...
- California Health and Safety Code Section 1797.72
"Emergency medical services" means the services utilized in responding to a medical emergency.
- California Health and Safety Code Section 1797.74
"Emergency medical services area" or "EMS area" means the geographical area within the jurisdiction of the designated local EMS agency.
- California Health and Safety Code Section 1797.76
"Emergency medical services plan" means a plan for the delivery of emergency medical services consistent with state guidelines addressing the components listed in Section 1797.103.
- California Health and Safety Code Section 1797.78
"Emergency medical services system" or "system" means a specially organized arrangement which provides for the personnel, facilities, and equipment for the effective and coordinated delivery...
- California Health and Safety Code Section 1797.80
"Emergency Medical Technician-I" or "EMT-I" means an individual trained in all facets of basic life support according to standards prescribed by this part and who...
- California Health and Safety Code Section 1797.82
"Emergency Medical Technician-II," "EMT-II," "Advanced Emergency Medical Technician," or "Advanced EMT" means an EMT-I with additional training in limited advanced life support according to standards...
- California Health and Safety Code Section 1797.84
"Emergency Medical Technician-Paramedic," "EMT-P," "paramedic" or "mobile intensive care paramedic" means an individual whose scope of practice to provide advanced life support is according to...
- California Health and Safety Code Section 1797.85
"Exclusive operating area" means an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation...
- California Health and Safety Code Section 1797.86
"Health systems agency" means a health systems agency as defined in subsection (a) of Section 300(l)-1 of Title 42 of the United States Code.
- California Health and Safety Code Section 1797.88
"Hospital" means an acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2, with a permit for basic emergency service or...
- California Health and Safety Code Section 1797.90
"Medical control" means the medical management of the emergency medical services system pursuant to the provisions of Chapter 5 (commencing with Section 1798).
- California Health and Safety Code Section 1797.92
"Limited advanced life support" means special service designed to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but...
- California Health and Safety Code Section 1797.94
"Local EMS agency" means the agency, department, or office having primary responsibility for administration of emergency medical services in a county and which is designated...
- California Health and Safety Code Section 1797.97
"Poison control center" or "PCC" means a hospital-based facility or other facility which, as a minimum, provides information and advice regarding the management of individuals...
- California Health and Safety Code Section 1797.98a
(a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund. (b) (1) Each county may establish...
- California Health and Safety Code Section 1797.98b
(a) Each county establishing a fund, on January 1, 1989, and on each April 15 thereafter, shall report to the Legislature on the implementation and...
- California Health and Safety Code Section 1797.98c
(a) Physicians and surgeons wishing to be reimbursed shall submit their claims for emergency services provided to patients who do not make any payment for...
- California Health and Safety Code Section 1797.98e
(a) It is the intent of the Legislature that a simplified, cost-efficient system of administration of this chapter be developed so that the maximum amount...
- California Health and Safety Code Section 1797.98f
Notwithstanding any other provision of this chapter, an emergency physician and surgeon, or an emergency physician group, with a gross billings arrangement with a hospital...
- California Health and Safety Code Section 1797.98g
The moneys contained in an Emergency Medical Services Fund, other than moneys contained in a Physician Services Account within the fund pursuant to Section 16952...
- California Health and Safety Code Section 1797.59
"Base hospital physician" or "BHP" means a physician and surgeon who is currently licensed in California, who is assigned to the emergency department of a...
- California Health and Safety Code Section 1797.60
"Basic life support" means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper...
- California Health and Safety Code Section 1797.61
(a) "Certificate" or "license" means a specific document issued to an individual denoting competence in the named area of prehospital service. (b) "Certificate status" or...
- California Health and Safety Code Section 1797.62
"Certifying entity" means a public safety agency or the office of the State Fire Marshal if the agency has a training program for EMT-I personnel...
- California Health and Safety Code Section 1797.63
"Certifying examination" or "examination for certification" means an examination designated by the authority for a specific level of prehospital emergency medical care personnel that must...
- California Health and Safety Code Section 1797.64
"Commission" means the Commission on Emergency Medical Services created pursuant to the provisions of Section 1799.
- California Health and Safety Code Section 1797.66
"Competency based curriculum" means a curriculum in which specific objectives are defined for each of the separate skills taught in training programs with integrated didactic...
- California Health and Safety Code Section 1797.67
"Designated facility" means a hospital which has been designated by a local EMS agency to perform specified emergency medical services systems functions pursuant to guidelines...
- California Health and Safety Code Section 1797.68
"Director" means the Director of the Emergency Medical Services Authority.
- California Health and Safety Code Section 1797.70
"Emergency" means a condition or situation in which an individual has a need for immediate medical attention, or where the potential for such need is...
- California Health and Safety Code Section 1797.72
"Emergency medical services" means the services utilized in responding to a medical emergency.
- California Health and Safety Code Section 1797.74
"Emergency medical services area" or "EMS area" means the geographical area within the jurisdiction of the designated local EMS agency.
- California Health and Safety Code Section 1797.76
"Emergency medical services plan" means a plan for the delivery of emergency medical services consistent with state guidelines addressing the components listed in Section 1797.103.
- California Health and Safety Code Section 1797.78
"Emergency medical services system" or "system" means a specially organized arrangement which provides for the personnel, facilities, and equipment for the effective and coordinated delivery...
- California Health and Safety Code Section 1797.80
"Emergency Medical Technician-I" or "EMT-I" means an individual trained in all facets of basic life support according to standards prescribed by this part and who...
- California Health and Safety Code Section 1797.82
"Emergency Medical Technician-II," "EMT-II," "Advanced Emergency Medical Technician," or "Advanced EMT" means an EMT-I with additional training in limited advanced life support according to standards...
- California Health and Safety Code Section 1797.84
"Emergency Medical Technician-Paramedic," "EMT-P," "paramedic" or "mobile intensive care paramedic" means an individual whose scope of practice to provide advanced life support is according to...
- California Health and Safety Code Section 1797.85
"Exclusive operating area" means an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation...
- California Health and Safety Code Section 1797.86
"Health systems agency" means a health systems agency as defined in subsection (a) of Section 300(l)-1 of Title 42 of the United States Code.
- California Health and Safety Code Section 1797.88
"Hospital" means an acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2, with a permit for basic emergency service or...
- California Health and Safety Code Section 1797.90
"Medical control" means the medical management of the emergency medical services system pursuant to the provisions of Chapter 5 (commencing with Section 1798).
- California Health and Safety Code Section 1797.92
"Limited advanced life support" means special service designed to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but...
- California Health and Safety Code Section 1797.94
"Local EMS agency" means the agency, department, or office having primary responsibility for administration of emergency medical services in a county and which is designated...
- California Health and Safety Code Section 1797.97
"Poison control center" or "PCC" means a hospital-based facility or other facility which, as a minimum, provides information and advice regarding the management of individuals...
- California Health and Safety Code Section 1797.100
There is in the state government in the Health and Welfare Agency, the Emergency Medical Services Authority.
- California Health and Safety Code Section 1797.101
The Emergency Medical Services Authority shall be headed by the Director of the Emergency Medical Services Authority who shall be appointed by the Governor upon...
- California Health and Safety Code Section 1797.102
The authority, utilizing regional and local information, shall assess each EMS area or the system's service area for the purpose of determining the need for...
- California Health and Safety Code Section 1797.103
The authority shall develop planning and implementation guidelines for emergency medical services systems which address the following components: (a) Manpower and training. (b) Communications. (c)...
- California Health and Safety Code Section 1797.104
The authority shall provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of emergency medical services systems.
- California Health and Safety Code Section 1797.105
(a) The authority shall receive plans for the implementation of emergency medical services and trauma care systems from local EMS agencies. (b) After the applicable...
- California Health and Safety Code Section 1797.106
(a) Regulations, standards, and guidelines adopted by the authority and by local EMS agencies pursuant to the provisions of this division shall not prohibit hospitals...
- California Health and Safety Code Section 1797.107
The authority shall adopt, amend, or repeal, after approval by the commission and in accordance with the provisions of Chapter 3.5 (commencing with Section 11340)...
- California Health and Safety Code Section 1797.108
Subject to the availability of funds appropriated therefor, the authority may contract with local EMS agencies to provide funding assistance to those agencies for planning,...
- California Health and Safety Code Section 1797.109
(a) The director may develop, or prescribe standards for and approve, an emergency medical technician training and testing program for the Department of the California...
- California Health and Safety Code Section 1797.110
The Legislature finds that programs funded through the authority are hindered by the length of time required for the state process to execute approved contracts...
- California Health and Safety Code Section 1797.111
With the approval of the Department of Finance, and for use in the furtherance of the work of the authority, the director may accept all...
- California Health and Safety Code Section 1797.112
(a) The Emergency Medical Services Personnel Fund is hereby created in the State Treasury, the funds in which are to be held in trust for...
- California Health and Safety Code Section 1797.113
The Emergency Medical Services Training Program Approval Fund is hereby established in the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously...
- California Health and Safety Code Section 1797.114
The rules and regulations of the authority established pursuant to Section 1797.107 shall include a requirement that a local EMS agency local plan developed pursuant...
- California Health and Safety Code Section 1797.115
(a) To the extent permitted by federal law and upon appropriation in the annual Budget Act or another statute, the Director of Finance may transfer...
- California Health and Safety Code Section 1797.116
(a) The authority shall establish additional training standards that include the criteria for the curriculum content recommended by the Emergency Response Training Advisory Committee established...
- California Health and Safety Code Section 1797.117
(a) The authority shall establish and maintain a centralized registry system for the monitoring and tracking of each EMT-I and EMT-II certificate status and each...
- California Health and Safety Code Section 1797.118
(a) On and after July 1, 2010, and except as provided in subdivision (b), every EMT-I and EMT-II certificate candidate or holder shall have their...
- California Health and Safety Code Section 1797.121
The authority shall report to the Legislature on the effectiveness of the systems provided for in this division on or before January 1, 1984, and...
- California Health and Safety Code Section 1797.130
The director shall chair an Interdepartmental Committee on Emergency Medical Services established pursuant to Section 1797.132.
- California Health and Safety Code Section 1797.132
An Interdepartmental Committee on Emergency Medical Services is hereby established. This committee shall advise the authority on the coordination and integration of all state activities...
- California Health and Safety Code Section 1797.133
The director may appoint select resource committees of experts and may contract with special medical consultants for assistance in the implementation of this division.
- California Health and Safety Code Section 1797.150
In cooperation with the California Emergency Management Agency, the authority shall respond to any medical disaster by mobilizing and coordinating emergency medical services mutual aid...
- California Health and Safety Code Section 1797.151
The authority shall coordinate, through local EMS agencies, medical and hospital disaster preparedness with other local, state, and federal agencies and departments having a responsibility...
- California Health and Safety Code Section 1797.152
(a) The director and the Director of Health Services may jointly appoint a regional disaster medical and health coordinator for each mutual aid region of...
- California Health and Safety Code Section 1797.153
(a) In each operational area the county health officer and the local EMS agency administrator may act jointly as the medical health operational area coordinator...
- California Health and Safety Code Section 1797.160
No owner of a publicly or privately owned ambulance shall permit the operation of the ambulance in emergency service unless the attendant on duty therein,...
- California Health and Safety Code Section 1797.170
(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for...
- California Health and Safety Code Section 1797.171
(a) The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of...
- California Health and Safety Code Section 1797.172
(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice...
- California Health and Safety Code Section 1797.173
The authority shall assure that all training programs for EMT-I, EMT-II, and EMT-P are located in an approved licensed hospital or an educational institution operated...
- California Health and Safety Code Section 1797.174
In consultation with the commission, the Emergency Medical Directors Association of California, and other affected constituencies, the authority shall develop statewide guidelines for continuing education...
- California Health and Safety Code Section 1797.175
The authority shall establish the standards for continuing education and shall designate the examinations for certification and recertification of all prehospital personnel. The authority shall...
- California Health and Safety Code Section 1797.176
The authority shall establish the minimum standards for the policies and procedures necessary for medical control of the EMS system.
- California Health and Safety Code Section 1797.177
No individual shall hold himself or herself out to be an EMT-I, EMT-II, EMT-P, or paramedic unless that individual is currently certified as such by...
- California Health and Safety Code Section 1797.178
No person or organization shall provide advanced life support or limited advanced life support unless that person or organization is an authorized part of the...
- California Health and Safety Code Section 1797.179
Notwithstanding any other provision of law, and to the extent federal financial participation is available, any city, county or special district providing paramedic services as...
- California Health and Safety Code Section 1797.180
No agency, public or private, shall advertise or disseminate information to the public that the agency provides EMT-II or EMT-P rescue or ambulance services unless...
- California Health and Safety Code Section 1797.181
The authority may, by regulation, prescribe standardized insignias or emblems for patches which may be affixed to the clothing of an EMT-I, EMT-II, or EMT-P.
- California Health and Safety Code Section 1797.182
All ocean, public beach, and public swimming pool lifeguards and all firefighters in this state, except those whose duties are primarily clerical or administrative, shall...
- California Health and Safety Code Section 1797.183
All peace officers described in Section 13518 of the Penal Code, except those whose duties are primarily clerical or administrative, shall be trained to administer...
- California Health and Safety Code Section 1797.184
The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt all of the following: (a) Guidelines for disciplinary orders, temporary...
- California Health and Safety Code Section 1797.185
(a) The authority shall establish criteria for the statewide recognition of the certification of EMT-P personnel in the basic scope of practice of those personnel....
- California Health and Safety Code Section 1797.186
All persons described in Sections 1797.170, 1797.171, 1797.172, 1797.182, and 1797.183, whether volunteers, partly paid, or fully paid, shall be entitled to prophylactic medical treatment...
- California Health and Safety Code Section 1797.187
A peace officer as described in Section 830.1, subdivision (a) of Section 830.2, or subdivision (g) of Section 830.3 of the Penal Code, while in...
- California Health and Safety Code Section 1797.188
(a) As used in this section: (1) "Prehospital emergency medical care person or personnel" means any of the following: an authorized registered nurse or mobile...
- California Health and Safety Code Section 1797.189
(a) As used in this section: (1) "Chief medical examiner-coroner" means the chief medical examiner or the coroner as referred to in subdivision (m) of...
- California Health and Safety Code Section 1797.190
The authority may establish minimum standards for the training and use of automatic external defibrillators.
- California Health and Safety Code Section 1797.191
(a) The authority shall establish minimum standards for the training in pediatric first aid, pediatric cardiopulmonary resuscitation (CPR), and preventive health practices required by Section...
- California Health and Safety Code Section 1797.192
On or before July 1, 1991, the authority shall adopt standards for a standard statewide scope of practice which shall be utilized for the training...
- California Health and Safety Code Section 1797.193
(a) By July 1, 1992, existing firefighters in this state shall complete a course on the nature of sudden infant death syndrome taught by experts...
- California Health and Safety Code Section 1797.194
The purpose of this section is to provide for the state licensure of EMT-P personnel. Notwithstanding any provision of law, including, but not limited to,...
- California Health and Safety Code Section 1797.195
(a) Notwithstanding any other provision of law to the contrary, an EMT-I, EMT-II, or EMT-P may provide emergency medical care pursuant to this section in...
- California Health and Safety Code Section 1797.196
(a) For purposes of this section, "AED" or "defibrillator" means an automated or automatic external defibrillator. (b) In order to ensure public safety, any person...
- California Health and Safety Code Section 1797.196
(a) For purposes of this section, "AED" or "defibrillator" means an automated or automatic external defibrillator. (b) In order to ensure public safety, any person...
- California Health and Safety Code Section 1797.197
The authority shall establish training and standards for all prehospital emergency care personnel, as defined pursuant to paragraph (2) of subdivision (a) of Section 1797.189,...
- California Health and Safety Code Section 1797.198
The Legislature finds and declares all of the following: (a) Trauma care is an essential public service. It is as vital to the safety of...
- California Health and Safety Code Section 1797.199
(a) There is hereby created in the State Treasury, the Trauma Care Fund, which, notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated...
- California Health and Safety Code Section 1797.200
Each county may develop an emergency medical services program. Each county developing such a program shall designate a local EMS agency which shall be the...
- California Health and Safety Code Section 1797.201
Upon the request of a city or fire district that contracted for or provided, as of June 1, 1980, prehospital emergency medical services, a county...
- California Health and Safety Code Section 1797.202
(a) Every local EMS agency shall have a full- or part-time licensed physician and surgeon as medical director, who has substantial experience in the practice...
- California Health and Safety Code Section 1797.204
The local EMS agency shall plan, implement, and evaluate an emergency medical services system, in accordance with the provisions of this part, consisting of an...
- California Health and Safety Code Section 1797.206
The local EMS agency shall be responsible for implementation of advanced life support systems and limited advanced life support systems and for the monitoring of...
- California Health and Safety Code Section 1797.208
The local EMS agency shall be responsible for determining that the operation of training programs at the EMT-I, EMT-II, and EMT-P levels are in compliance...
- California Health and Safety Code Section 1797.210
(a) The medical director of the local EMS agency shall issue a certificate, except an EMT-P certificate, to an individual upon proof of satisfactory completion...
- California Health and Safety Code Section 1797.211
Each local EMS agency shall submit certificate status updates to the authority within three working days after a final determination is made regarding a certification...
- California Health and Safety Code Section 1797.212
The local EMS agency may establish a schedule of fees for certification in an amount sufficient to cover the reasonable cost of administering the certification...
- California Health and Safety Code Section 1797.213
(a) Any local EMS agency conducting a program pursuant to this article may provide courses of instruction and training leading to certification as an EMT-I,...
- California Health and Safety Code Section 1797.214
A local EMS agency may require additional training or qualifications, for the use of drugs, devices, or skills in either the standard scope of practice...
- California Health and Safety Code Section 1797.215
Notwithstanding any other provision of law, EMT-I's, EMT-II's, and EMT-P's shall be required to renew their cardiopulmonary resuscitation certificate no more than once every two
- California Health and Safety Code Section 1797.216
Public safety agencies that are certifying entities may certify and recertify public safety personnel as EMT-I. The state fire marshal, subject to policy guidance and...
- California Health and Safety Code Section 1797.217
(a) Every certifying entity shall submit to the authority certification data required by Section 1797.117. (b) The authority shall collect fees from each certifying entity...
- California Health and Safety Code Section 1797.218
Any local EMS agency may authorize an advanced life support or limited advanced life support program which provides services utilizing EMT-II or EMT-P, or both,...
- California Health and Safety Code Section 1797.219
All investigatory and disciplinary processes for EMT-I and EMT-II certificate holders shall be, subject to Chapter 9.6 (commencing with Section 3250) of Division 4 of...
- California Health and Safety Code Section 1797.220
The local EMS agency, using state minimum standards, shall establish policies and procedures approved by the medical director of the local EMS agency to assure...
- California Health and Safety Code Section 1797.221
The medical director of the local EMS agency may approve or conduct any scientific or trial study of the efficacy of the prehospital emergency use...
- California Health and Safety Code Section 1797.222
A county, upon the recommendation of its local EMS agency, may adopt ordinances governing the transport of a patient who is receiving care in the...
- California Health and Safety Code Section 1797.224
A local EMS agency may create one or more exclusive operating areas in the development of a local plan, if a competitive process is utilized...
- California Health and Safety Code Section 1797.226
Without altering or otherwise affecting the meaning of any portion of this division as to any other county, as to San Bernardino County only, it...
- California Health and Safety Code Section 1797.250
In each designated EMS area, the local EMS agency may develop and submit a plan to the authority for an emergency medical services system according...
- California Health and Safety Code Section 1797.252
The local EMS agency shall, consistent with such plan, coordinate and otherwise facilitate arrangements necessary to develop the emergency medical services system.
- California Health and Safety Code Section 1797.254
Local EMS agencies shall annually submit an emergency medical services plan for the EMS area to the authority, according to EMS Systems, Standards, and Guidelines...
- California Health and Safety Code Section 1797.256
A local EMS agency may review applications for grants and contracts for federal, state, or private funds concerning emergency medical services or related activities in...
- California Health and Safety Code Section 1797.257
A local EMS agency which elects to implement a trauma care system on or after the effective date of the regulations adopted pursuant to Section...
- California Health and Safety Code Section 1797.258
After the submission of an initial trauma care system plan, a local EMS agency which has implemented a trauma care system shall annually submit to...
- California Health and Safety Code Section 1797.270
An emergency medical care committee may be established in each county in this state. Nothing in this division should be construed to prevent two or...
- California Health and Safety Code Section 1797.272
The county board of supervisors shall prescribe the membership, and appoint the members, of the emergency medical care committee. If two or more adjacent counties...
- California Health and Safety Code Section 1797.274
The emergency medical care committee shall, at least annually, review the operations of each of the following: (a) Ambulance services operating within the county. (b)...
- California Health and Safety Code Section 1797.276
Every emergency medical care committee shall, at least annually, report to the authority, and the local EMS agency its observations and recommendations relative to its...
- California Health and Safety Code Section 1798
(a) The medical direction and management of an emergency medical services system shall be under the medical control of the medical director of the local...
- California Health and Safety Code Section 1798.2
The base hospital shall implement the policies and procedures established by the local EMS agency and approved by the medical director of the local EMS...
- California Health and Safety Code Section 1798.3
Advanced life support and limited advanced life support personnel may receive medical direction from an alternative base station in lieu of a base hospital when...
- California Health and Safety Code Section 1798.6
(a) Authority for patient health care management in an emergency shall be vested in that licensed or certified health care professional, which may include any...
- California Health and Safety Code Section 1798.100
In administering the EMS system, the local EMS agency, with the approval of its medical director, may designate and contract with hospitals or other entities...
- California Health and Safety Code Section 1798.101
(a) In rural areas, as determined by the authority, where the use of a base hospital having a basic emergency medical service special permit pursuant...
- California Health and Safety Code Section 1798.102
The base hospital shall supervise prehospital treatment, triage, and transport, advanced life support or limited advanced life support, and monitor personnel program compliance by direct...
- California Health and Safety Code Section 1798.104
The base hospital shall provide, or cause to be provided, EMS prehospital personnel training and continuing education in accordance with local EMS policies and procedures.
- California Health and Safety Code Section 1798.105
The medical director of the local EMS agency may approve an alternative base station, as defined in Section 1798.53, to provide medical direction to advanced...
- California Health and Safety Code Section 1798.150
The authority may establish, in cooperation with affected medical organizations, guidelines for hospital facilities according to critical care capabilities.
- California Health and Safety Code Section 1798.160
Except where the context otherwise requires, the following definitions govern the construction of this article: (a) "Trauma case" means any injured person who has been...
- California Health and Safety Code Section 1798.161
(a) The authority shall submit draft regulations specifying minimum standards for the implementation of trauma care systems to the commission on or before July 1,...
- California Health and Safety Code Section 1798.162
(a) A local emergency medical services agency may implement a trauma care system only if the system meets the minimum standards set forth in the...
- California Health and Safety Code Section 1798.163
A local emergency medical services agency implementing a trauma care system shall establish policies and procedures which are concordant and consistent with the minimum standards...
- California Health and Safety Code Section 1798.164
(a) A local emergency medical services agency may charge a fee to an applicant seeking initial or continuing designation as a trauma facility in an...
- California Health and Safety Code Section 1798.165
(a) Local emergency medical services agencies may designate trauma facilities as part of their trauma care system pursuant to the regulations promulgated by the authority....
- California Health and Safety Code Section 1798.166
A local emergency medical services agency which elects to implement a trauma care system on or after January 1, 1984, shall develop and submit a...
- California Health and Safety Code Section 1798.167
Nothing in this article shall be construed to restrict the authority of a health care facility to provide a service for which it has received...
- California Health and Safety Code Section 1798.168
Nothing in this article shall be construed as changing the boundaries of any local emergency medical services agency in existence on January 1, 1984.
- California Health and Safety Code Section 1798.169
Nothing in this article shall be construed as restricting the use of a helicopter of the Department of the California Highway Patrol from performing missions...
- California Health and Safety Code Section 1798.170
A local EMS agency may develop triage and transfer protocols to facilitate prompt delivery of patients to appropriate designated facilities within and without its area...
- California Health and Safety Code Section 1798.172
(a) The local EMS agency shall establish guidelines and standards for completion and operation of formal transfer agreements between hospitals with varying levels of care...
- California Health and Safety Code Section 1798.175
(a) No person or public agency shall advertise itself as, or hold itself out as, providing emergency medical services, by using in its name or...
- California Health and Safety Code Section 1798.180
(a) The authority shall establish minimum standards for the operation of poison control centers. (b) The authority shall establish geographical service areas and criteria for...
- California Health and Safety Code Section 1798.181
The authority shall consolidate the number of poison control centers if it is determined by the authority that the consolidation will result in cost savings.
- California Health and Safety Code Section 1798.182
The authority may authorize a poison control center, instead of providing poison control services directly, to contract with an entity in another state to provide...
- California Health and Safety Code Section 1798.183
The authority may authorize a poison control center to provide poison control services for fewer than 24 hours a day, as the authority deems necessary.
- California Health and Safety Code Section 1798.200
(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I or EMT-II may conduct investigations, as necessary, and take disciplinary action...
- California Health and Safety Code Section 1798.201
(a) When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or...
- California Health and Safety Code Section 1798.202
(a) The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior...
- California Health and Safety Code Section 1798.204
Proceedings for probation, suspension, revocation, or denial of a certificate, or a denial of a renewal of a certificate, under this division shall be conducted...
- California Health and Safety Code Section 1798.205
Any alleged violations of local EMS agency transfer protocols, guidelines, or agreements shall be evaluated by the local EMS agency. If the local EMS agency...
- California Health and Safety Code Section 1798.206
Any person who violates this part, the rules and regulations adopted pursuant thereto, or county ordinances adopted pursuant to this part governing patient transfers, is...
- California Health and Safety Code Section 1798.207
(a) It is a misdemeanor for any person to knowingly and willfully engage in conduct that subverts or attempts to subvert any licensing or certification...
- California Health and Safety Code Section 1798.208
Whenever any person who has engaged, or is about to engage, in any act or practice which constitutes, or will constitute, a violation of any...
- California Health and Safety Code Section 1798.209
The local EMS agency may place on probation, suspend, or revoke the approval under this division of any training program for failure to comply with...
- California Health and Safety Code Section 1798.210
(a) The authority may impose an administrative fine of up to two thousand five hundred dollars ($2,500) per violation on any licensed paramedic found to...
- California Health and Safety Code Section 1798.211
When making a decision regarding a disciplinary action pursuant to Section 1798.200 or Section 1798.210, the authority, and when applicable the administrative law judge, shall...
- California Health and Safety Code Section 1799
The Commission on Emergency Medical Services is hereby created in the California Health and Human Services Agency.
- California Health and Safety Code Section 1799.2
The commission shall consist of 18 members appointed as follows: (a) One full-time physician and surgeon, whose primary practice is emergency medicine, appointed by the...
- California Health and Safety Code Section 1799.3
At the discretion of the appointing power or body, a member of the commission may be reappointed or may continue to serve if he or...
- California Health and Safety Code Section 1799.4
(a) Except as otherwise provided in this section, the terms of the members of the commission shall be three calendar years, commencing January 1 of...
- California Health and Safety Code Section 1799.6
The members of the commission shall receive no compensation for their services, but shall be reimbursed for their actual, necessary, traveling and other expenses incurred...
- California Health and Safety Code Section 1799.8
The commission shall select a chairperson from its members and shall meet at least quarterly on the call of the director, the chairperson, or three...
- California Health and Safety Code Section 1799.50
The commission shall review and approve regulations, standards, and guidelines to be developed by the authority for implementation of this division.
- California Health and Safety Code Section 1799.51
The commission shall advise the authority on the development of an emergency medical data collection system.
- California Health and Safety Code Section 1799.52
The commission shall advise the director concerning the assessment of emergency facilities and services.
- California Health and Safety Code Section 1799.53
The commission shall advise the director with regard to communications, medical equipment, training personnel, facilities, and other components of an emergency medical services system.
- California Health and Safety Code Section 1799.54
The commission shall review and comment upon the emergency medical services portion of the State Health Facilities and Service Plan developed pursuant to Section 127155.
- California Health and Safety Code Section 1799.55
Based upon evaluations of the EMS systems in the state and their coordination, the commission shall make recommendations for further development and future directions of...
- California Health and Safety Code Section 1799.56
The commission may utilize technical advisory panels established pursuant to the provisions of Section 1797.133 as are needed to assist in developing standards for emergency...
- California Health and Safety Code Section 1799.100
In order to encourage local agencies and other organizations to train people in emergency medical services, no local agency, entity of state or local government,...
- California Health and Safety Code Section 1799.102
(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be...
- California Health and Safety Code Section 1799.104
(a) No physician or nurse, who in good faith gives emergency instructions to an EMT-II or mobile intensive care paramedic at the scene of an...
- California Health and Safety Code Section 1799.105
(a) A poison control center which (1) meets the minimum standards for designation and operation established by the authority pursuant to Section 1798.180, (2) has...
- California Health and Safety Code Section 1799.106
In addition to the provisions of Section 1799.104 of this code and of Section 1714.2 of the Civil Code and in order to encourage the...
- California Health and Safety Code Section 1799.107
(a) The Legislature finds and declares that a threat to the public health and safety exists whenever there is a need for emergency services and...
- California Health and Safety Code Section 1799.108
Any person who has a certificate issued pursuant to this division from a certifying agency to provide prehospital emergency field care treatment at the scene...
- California Health and Safety Code Section 1799.110
(a) In any action for damages involving a claim of negligence against a physician and surgeon arising out of emergency medical services provided in a...
- California Health and Safety Code Section 1799.111
(a) Subject to subdivision (b), a licensed general acute care hospital, as defined in subdivision (a) of Section 1250, that is not a county-designated facility...
- California Health and Safety Code Section 1799.112
(a) EMT-P employers shall report in writing to the local EMS agency medical director and the authority and provide all supporting documentation within 30 days...
- California Health and Safety Code Section 1799.200
(a) The State Department of Health Services shall contract with an organization with expertise in program evaluation, pediatric emergency medical services, and critical care, for...
- California Health and Safety Code Section 1799.201
The contractor shall submit the results of the study to the Legislature and the Governor not later than January 1, 1991.
- California Health and Safety Code Section 1799.202
This chapter shall be known and may be cited as the California Emergency Medical Services for Children Act of 1996.
- California Health and Safety Code Section 1799.204
(a) For purposes of this chapter, the following definitions apply: (1) "EMSC Program" means the Emergency Medical Services For Children Program administered by the authority....
- California Health and Safety Code Section 1799.205
A local EMS agency may develop an EMSC Program in its jurisdiction, contingent upon available funding. If a local EMS agency develops an EMSC Program...
- California Health and Safety Code Section 1799.207
The authority may solicit and accept grant funding from public and private sources to supplement state funds.
- California Health and Safety Code Section 2000
This chapter shall be known and may be cited as the Mosquito Abatement and Vector Control District Law.
- California Health and Safety Code Section 2001
(a) The Legislature finds and declares all of the following: (1) California's climate and topography support a wide diversity of biological organisms. (2) Most of...
- California Health and Safety Code Section 2002
As used in this chapter: (a) "Abate" means to put an end to a public nuisance, or to reduce the degree or the intensity of...
- California Health and Safety Code Section 2003
(a) This chapter provides the authority for the organization and powers of mosquito abatement and vector control districts. This chapter succeeds the former Chapter 5...
- California Health and Safety Code Section 2004
This chapter is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
- California Health and Safety Code Section 2005
If any provision of this chapter or the application of any provision of this chapter in any circumstance or to any person, city, county, special...
- California Health and Safety Code Section 2006
(a) Any action to determine the validity of either the organization, or any action, of a district shall be brought pursuant to Chapter 9 (commencing...
- California Health and Safety Code Section 2007
(a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district. Territory that is...
- California Health and Safety Code Section 2010
A new district may be formed pursuant to this article.
- California Health and Safety Code Section 2011
(a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700...
- California Health and Safety Code Section 2012
(a) Before circulating any petition, the proponents shall publish a notice of intention that includes a written statement not to exceed 500 words in length,...
- California Health and Safety Code Section 2013
(a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of...
- California Health and Safety Code Section 2014
(a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall...
- California Health and Safety Code Section 2020
A legislative body of at least five members known as the board of trustees shall govern every district. The board of trustees shall establish policies...
- California Health and Safety Code Section 2021
Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows: (a) In the...
- California Health and Safety Code Section 2022
(a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county...
- California Health and Safety Code Section 2023
(a) The initial board of trustees of a district formed on or after January 1, 2003, shall be determined pursuant to this section. (b) The...
- California Health and Safety Code Section 2024
(a) Except as provided in Section 2023, the term of office for a member of the board of trustees shall be for a term of...
- California Health and Safety Code Section 2025
(a) Under no circumstances shall a board of trustees consist of less than five members. Except as provided in Section 2026, the number of members...
- California Health and Safety Code Section 2026
(a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two more districts into a single district, may,...
- California Health and Safety Code Section 2027
(a) At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district at...
- California Health and Safety Code Section 2028
A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the...
- California Health and Safety Code Section 2029
(a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the...
- California Health and Safety Code Section 2030
(a) The members of the board of trustees shall serve without compensation. (b) The members of the board of trustees may receive their actual and...
- California Health and Safety Code Section 2040
Within the district's boundaries or in territory that is located outside the district from which vectors and vectorborne diseases may enter the district, a district...
- California Health and Safety Code Section 2041
A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this chapter,...
- California Health and Safety Code Section 2042
When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1...
- California Health and Safety Code Section 2043
(a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to...
- California Health and Safety Code Section 2044
(a) A district may cooperate with any public agency or federal agency to carry out the purposes and intent of this chapter. To that end,...
- California Health and Safety Code Section 2045
A district may contract with other public agencies and federal agencies to provide any service, project, or program authorized by this chapter within the district's...
- California Health and Safety Code Section 2046
(a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall adopt these policies and...
- California Health and Safety Code Section 2047
Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in the performance of that person's duties, or any person...
- California Health and Safety Code Section 2048
(a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b)...
- California Health and Safety Code Section 2049
A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
- California Health and Safety Code Section 2050
A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter...
- California Health and Safety Code Section 2051
A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their actual...
- California Health and Safety Code Section 2052
(a) Pursuant to Article 4 (commencing with Section 106925) of Chapter 4 of Part 1 of Division 104, every district employee who handles, applies, or...
- California Health and Safety Code Section 2053
(a) A district may request an inspection and abatement warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of...
- California Health and Safety Code Section 2054
Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of...
- California Health and Safety Code Section 2055
(a) In any dispute between a district and another public agency over the need to prevent, abate, or control, or the methods and materials used...
- California Health and Safety Code Section 2060
(a) A district may abate a public nuisance pursuant to this article. (b) The person or agency claiming ownership, title, or right to property or...
- California Health and Safety Code Section 2061
(a) Whenever a public nuisance exists on any property within a district or on any property that is located outside the district from which vectors...
- California Health and Safety Code Section 2062
(a) A board of trustees shall not declare an agricultural operation to be a public nuisance because of the presence of immature flies if the...
- California Health and Safety Code Section 2063
In addition to abating the public nuisance and taking any necessary actions to prevent the recurrence of the public nuisance, a board of trustees may...
- California Health and Safety Code Section 2064
A board of trustees may consider any recurrence of a public nuisance abated pursuant to Section 2061 to be a continuation of the original public
- California Health and Safety Code Section 2065
(a) The owner of the property abated pursuant to Section 2061 shall pay the district for the cost of abating the public nuisance and the...
- California Health and Safety Code Section 2066
The lien provisions of this article shall not apply to property owned by a public agency. Notwithstanding Section 6103 of the Government Code or any...
- California Health and Safety Code Section 2067
Any money collected by a county from a lien authorized pursuant to this article, other than the amounts authorized pursuant to Section 29304 of the...
- California Health and Safety Code Section 2070
(a) On or before August 1 of each year, the board of trustees shall adopt a final budget, which shall conform to the accounting and...
- California Health and Safety Code Section 2071
(a) In its annual budget, the board of trustees may establish one or more restricted reserves. When the board of trustees establishes a restricted reserve,...
- California Health and Safety Code Section 2072
(a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing its appropriations limit and make other necessary...
- California Health and Safety Code Section 2073
The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter...
- California Health and Safety Code Section 2074
(a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for...
- California Health and Safety Code Section 2075
All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 2076
(a) All claims against a district shall be audited, allowed, and paid by the board of trustees by warrants drawn on the county treasurer. (b)...
- California Health and Safety Code Section 2077
(a) Notwithstanding Section 2076, a district that has total annual revenues greater than two hundred fifty thousand dollars ($250,000) may withdraw its funds from the...
- California Health and Safety Code Section 2078
The board of trustees may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division...
- California Health and Safety Code Section 2079
(a) The board of trustees shall provide for regular audits of the district's accounts and records pursuant to Section 26909 of the Government Code. (b)...
- California Health and Safety Code Section 2080
Whenever a board of trustees determines that the amount of revenues available to the district or any of its zones is inadequate to meet the...
- California Health and Safety Code Section 2081
A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of...
- California Health and Safety Code Section 2082
(a) A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance vector control projects...
- California Health and Safety Code Section 2083
A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance capital improvements, including, but...
- California Health and Safety Code Section 2084
Pursuant to Section 5 of Article XIII D of the California Constitution and Section 53753.5 of the Government Code, any assessment existing on November 6,...
- California Health and Safety Code Section 2085
(a) A board of trustees may charge a fee to cover the cost of any service that the district provides or the cost of enforcing...
- California Health and Safety Code Section 2090
(a) Whenever a board of trustees determines that it is in the public interest to provide different services, to provide different levels of service, or...
- California Health and Safety Code Section 2091
(a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a zone pursuant to this article. The...
- California Health and Safety Code Section 2092
(a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 2090 and 2091....
- California Health and Safety Code Section 2093
(a) As determined by the board of trustees, a zone may provide any service at any level or levels within its boundaries that the district...
- California Health and Safety Code Section 2800
"Pest," as used in this chapter, includes any plant, animal, insect, fish, or other matter or material, not under human control, which is offensive to...
- California Health and Safety Code Section 2800.5
As used in this chapter, "public nuisance" includes, but is not limited to, both of the following: (a) Any breeding place or place of growth...
- California Health and Safety Code Section 2801
This chapter is supplemental to any other provision of law relating to the abatement of pests or nuisances.
- California Health and Safety Code Section 2802
"District," as used in this chapter, means any pest abatement district formed pursuant to this chapter or pursuant to any law which it supersedes.
- California Health and Safety Code Section 2803
Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in the performance of that person's duties as an officer...
- California Health and Safety Code Section 2804
In case of a dispute between governmental agencies on the need, or the methods and materials to be used, to abate or prevent a public...
- California Health and Safety Code Section 2805
(a) Except as otherwise provided in subdivision (b), every pest abatement district employee who handles, applies, or supervises the use of any pesticide for public...
- California Health and Safety Code Section 2822
The organization of a pest abatement district may be initiated by a petition, describing the exterior boundaries of the proposed district, and the nature of...
- California Health and Safety Code Section 2822.5
The petition shall state the basis on which the property in the district shall be taxed for district purposes. The petition may include a plan...
- California Health and Safety Code Section 2823
The petition may fix the maximum rate of assessments that may be levied by the district.
- California Health and Safety Code Section 2824
The petition shall be signed by registered voters residing in the proposed district equal in number to ten per cent of the votes cast in...
- California Health and Safety Code Section 2825
The petition shall be presented to the clerk of the county in which the land in the proposed district is situated. The clerk shall compare...
- California Health and Safety Code Section 2826
If the petition lacks sufficient signatures the county clerk shall certify that fact, and at any time within sixty days thereafter additional signatures may be...
- California Health and Safety Code Section 2827
If the petition contains the requisite number of signatures the clerk shall make a certificate to that effect, and shall present the petition and his...
- California Health and Safety Code Section 2828
If the board of supervisors finds that the petition has been properly presented, the board shall, by resolution, fix a time for hearing the petition,...
- California Health and Safety Code Section 2829
At the time of the hearing, or at any time to which it may be adjourned, the board of supervisors shall hear and consider all...
- California Health and Safety Code Section 2830
The board of supervisors may make such changes in the proposed boundaries of the district as it may consider advisable. It may exclude any land...
- California Health and Safety Code Section 2831
If, upon the hearing, the board of supervisors determines that the public interest or welfare of the proposed territory and its inhabitants requires the formation...
- California Health and Safety Code Section 2832
The clerk of the board of supervisors shall immediately record a certified copy of the order in the office of the county recorder in which...
- California Health and Safety Code Section 2833
If at any time after the board of supervisors has entered its order for organization good cause appears therefor, the district board may, by a...
- California Health and Safety Code Section 2834
Upon receipt of the certified copy of the resolution the board of supervisors shall: (a) Enter an order changing the district's name to the name...
- California Health and Safety Code Section 2835
Upon a petition adopted by a four-fifths vote of the district board, or upon its own motion following the notice the board of supervisors deems...
- California Health and Safety Code Section 2850
Within 30 days after incorporation the board of supervisors shall appoint a board of trustees, consisting of not less than five nor more than nine...
- California Health and Safety Code Section 2851
The members of the district board shall hold office at the pleasure of the board of supervisors. They shall serve without compensation, but shall be...
- California Health and Safety Code Section 2852
The district board may take all necessary or proper steps for the extermination of the pest or pests mentioned in the petition for the organization...
- California Health and Safety Code Section 2853
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- California Health and Safety Code Section 2855
The district board may do all of the following: (a) Purchase supplies and other personal property. (b) Employ necessary labor. (c) Acquire by purchase, condemnation,...
- California Health and Safety Code Section 2855.3
Every sale of real property made pursuant to subdivision (d) of Section 2855 shall be made at such place within the district as the district...
- California Health and Safety Code Section 2855.7
The district board may borrow money in any fiscal year, which shall not exceed the anticipated revenue of that fiscal year and which shall be...
- California Health and Safety Code Section 2856
Any nuisance may be abated in any action or proceeding by any remedy provided by this article or any other law.
- California Health and Safety Code Section 2857
Whenever a nuisance exists upon any property, either in the district or in territory not in the district but so situated with respect to the...
- California Health and Safety Code Section 2858
The notice required by Section 2857 shall include all of the following: (a) State the finding of the district that a public nuisance exists on...
- California Health and Safety Code Section 2860
If the property is owned by a person who is not a resident of the district, and is not in charge or possession of any...
- California Health and Safety Code Section 2861
Before complying with the requirements of the notice, the owner or party in possession may appear at a hearing before the board at a time...
- California Health and Safety Code Section 2861.5
Any judicial review of administrative procedure provided for in this chapter shall be pursuant to Section 1094.5 of the Code of Civil Procedure.
- California Health and Safety Code Section 2861.7
Any recurrence of the nuisance may be deemed to be a continuation of the original nuisance.
- California Health and Safety Code Section 2862
If the nuisance is not abated within the time specified in the notice or an order following the hearing, the district board may abate the
- California Health and Safety Code Section 2862.5
The cost of abating a nuisance shall be repaid to the district by the owner of the property. However, the owner shall not be required...
- California Health and Safety Code Section 2863
When any nuisance is found to exist on any property subject to the control of any state or local agency, the district shall notify the...
- California Health and Safety Code Section 2864
Upon the failure of the property owner or the person in possession of the property to pay the district for all sums expended by the...
- California Health and Safety Code Section 2864.7
A copy of the filed and recorded lien may be given to the county assessor and tax collector, who, upon receipt of the lien, shall...
- California Health and Safety Code Section 2865
If the county assessor and the tax collector assess property and collect taxes for the district, a certified copy of the lien shall be filed...
- California Health and Safety Code Section 2865.5
The county auditor shall enter each lien on the county tax roll opposite the parcel of land.
- California Health and Safety Code Section 2866
The amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall...
- California Health and Safety Code Section 2867
The lien provisions of this article do not apply to the property of any county, city, district, or other public corporation. However, the governing body...
- California Health and Safety Code Section 2868
Any amounts collected by a county on account of a lien authorized by this article, other than the amounts requested to be paid into the...
- California Health and Safety Code Section 2870
The district board shall annually before July 10 prepare a written estimate of the amount of money necessary for the purposes of the district during...
- California Health and Safety Code Section 2871
The county auditor shall allocate to a district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5...
- California Health and Safety Code Section 2871.5
(a) If the petition for formation of the district states that the property shall be taxed on the basis of area, the rate shall be...
- California Health and Safety Code Section 2871.7
After a public hearing, the district board shall determine the rate of the tax.
- California Health and Safety Code Section 2871.8
(a) Whenever it appears to the district board that the amount of funds required during an ensuing fiscal year will exceed the amount available, the...
- California Health and Safety Code Section 2871.9
Any district formed prior to January 1, 1985, may petition the board of supervisors for a change in the method of financing the district's operations,...
- California Health and Safety Code Section 2872
All taxes and assessments levied under this chapter shall be assessed and collected at the same time and in the same manner as other taxes...
- California Health and Safety Code Section 2873
The funds of the district shall be withdrawn from the treasury upon the warrant of the district board.
- California Health and Safety Code Section 2874
The board of supervisors, from time to time, may order a temporary transfer of money from other available funds in the county treasury to the...
- California Health and Safety Code Section 2876
Notwithstanding the basis upon which property in the district is taxed, if a district is organized in any year too late for the levy of...
- California Health and Safety Code Section 2877
The Legislature finds that unabated outbreaks of mosquitoes pose a serious threat to the public health and safety. The Legislature further finds that public agencies,...
- California Health and Safety Code Section 2878
A pest abatement district may adopt an ordinance to fix an emergency mosquito abatement standby charge pursuant to the provisions of Article 5.1 (commencing with...
- California Health and Safety Code Section 2880
All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 2900
At any time after the incorporation of a district, land contiguous to it may be annexed, if the board of trustees finds that the annexation...
- California Health and Safety Code Section 2901
Annexations may proceed under Article 2 (commencing with Section 2822), as though territory to be annexed were a new district, except that the pest or...
- California Health and Safety Code Section 2910
Two or more contiguous pest abatement districts may be consolidated.
- California Health and Safety Code Section 4600
This chapter shall be known as the Community Facilities Law of 1911.
- California Health and Safety Code Section 4601
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Health and Safety Code Section 4602
"City" means the city in which the district is located. If a district is not entirely within the boundaries of a single city, "city" means...
- California Health and Safety Code Section 4602.1
"District" means any district which is formed pursuant to this chapter or pursuant to any law which it supersedes.
- California Health and Safety Code Section 4602.2
"Governing body" means the city council or other legislative body of the city.
- California Health and Safety Code Section 4602.3
"Initiating city" means the city whose governing body initiated the proceeding for the formation of a district which is not entirely within the boundaries of...
- California Health and Safety Code Section 4602.4
Improvement means any or all of the following: (a) The acquisition or construction of sanitary sewers of all types, including, but not limited to, outfall,...
- California Health and Safety Code Section 4602.5
In cities within a county of the 20th class, as defined in Section 28041 of the Government Code, improvement shall also mean the acquisition, construction,...
- California Health and Safety Code Section 4603
This chapter does not affect any other law under which improvements may be made within or by any city but it provides an alternate system...
- California Health and Safety Code Section 4605
The governing body of any city may create an improvement district within the city pursuant to this chapter whenever in its judgment the district is...
- California Health and Safety Code Section 4606
A district may be formed to make any improvement and to provide for the incurring of indebtedness to pay for the costs and expenses of...
- California Health and Safety Code Section 4607
Whenever the governing body of a city determines that the public interest or convenience requires the making of any improvement in any part of the...
- California Health and Safety Code Section 4609
The resolution shall do all of the following: (a) Describe the boundaries of the proposed district. The district may consist of two or more noncontiguous...
- California Health and Safety Code Section 4610
The resolution, together with the names of the members of the governing body voting for and against it shall be published once a week for...
- California Health and Safety Code Section 4610.5
Copies of the resolution shall also be posted in three public places within the proposed district not earlier than the 60th day or later than...
- California Health and Safety Code Section 4611
On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider all written...
- California Health and Safety Code Section 4611.5
At the hearing, the governing body may add territory to the district if the owners of all of the land in the territory which is...
- California Health and Safety Code Section 4612
After making all necessary and proper changes in the boundaries, or in the improvement, the governing body may, by a resolution which is passed by...
- California Health and Safety Code Section 4613
A certified copy of the resolution which establishes the district shall be recorded in the office of the county recorder. Certified copies of such resolution,...
- California Health and Safety Code Section 4614.1
Districts may be formed pursuant to this article for the purpose of making any improvement which will be of benefit to territory partially within the...
- California Health and Safety Code Section 4614.2
Any city may initiate proceedings for the formation of a district and the making of improvements pursuant to this article whenever the governing body of...
- California Health and Safety Code Section 4614.3
If the proposed district includes any part of any other incorporated city, the governing body of the initiating city shall file with the governing body...
- California Health and Safety Code Section 4614.4
If any part of the district includes any unincorporated territory of the county, the governing body of the initiating city shall file with the board...
- California Health and Safety Code Section 4614.5
Whenever the governing body of each city which is included in whole or in part within the district which is to be organized, and the...
- California Health and Safety Code Section 4614.11
Upon the formation of any district pursuant to this article, the district shall be governed by and under the jurisdiction of the governing body of...
- California Health and Safety Code Section 4614.13
If bonds are authorized and are issued or are expected to be issued on behalf of any district which is organized pursuant to this article,...
- California Health and Safety Code Section 4614.15
This chapter does not prevent two or more cities or the board of supervisors of any county from entering into co-operation agreements for the joint...
- California Health and Safety Code Section 4615
At any meeting after the passage and recording of the resolution establishing the district, the governing body may, by a resolution passed by a vote...
- California Health and Safety Code Section 4616
The resolution calling the special election shall do all of the following: (a) Describe the boundaries of the district as finally determined and refer to...
- California Health and Safety Code Section 4617
In all particulars not recited in this chapter or in the resolution, the election shall be held as is provided by law for holding general...
- California Health and Safety Code Section 4618
The maximum rate of interest to be paid on the bonded indebtedness shall be 8 percent per annum, and shall be payable semiannually. The first...
- California Health and Safety Code Section 4619
The resolution calling the election shall be published once a week for two successive weeks prior to the date set for the election in a...
- California Health and Safety Code Section 4620
If two-thirds of the votes cast upon the measure are in favor of the issuance of the bonds, the bonds may be issued and the...
- California Health and Safety Code Section 4621
All bonds issued under this chapter shall be issued in the name of the city in which the district has been formed, or in the...
- California Health and Safety Code Section 4622
The bonds shall be issued in any denominations which the governing body may determine. The bonds shall be signed by the mayor, or by such...
- California Health and Safety Code Section 4623
The governing body may issue and sell the bonds at not less than their par value. The proceeds of the sale shall be placed in...
- California Health and Safety Code Section 4623.1
(a) When the purposes and objects specified in any measure incurring bonded indebtedness submitted at any special election called for that purpose have been accomplished...
- California Health and Safety Code Section 4623.5
Before selling the bonds, or any part of the bonds, the governing body shall give notice inviting sealed bids in such manner and for such...
- California Health and Safety Code Section 4624
An action to determine the validity of bonds issued pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860), Title...
- California Health and Safety Code Section 4625
In determining the amount of bonds to be issued, the legislative body may include all of the following: (a) All costs and expenses and estimated...
- California Health and Safety Code Section 4636
The governing body of each city in which an improvement is being made or acquired pursuant to this chapter may make all necessary rules and...
- California Health and Safety Code Section 4638
Until the bonds are paid, or until there is a sum in the city treasury set aside for the purpose, sufficient to meet all sums...
- California Health and Safety Code Section 4639
The taxes required to be levied and collected by Section 4638 shall be in addition to all other taxes levied for city purposes and in...
- California Health and Safety Code Section 4639.5
Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code shall apply to bonds issued pursuant to this chapter, except that...
- California Health and Safety Code Section 4640.6
The governing body of a city may, by a two-thirds vote, require the owners of property within a district to pay a reasonable fee for...
- California Health and Safety Code Section 4641
Territory which is either within or without the boundaries of the city and which is not within the boundaries of any other improvement district formed...
- California Health and Safety Code Section 4641.5
Territory which is outside the boundaries of the city, or the initiating city, as the case may be, shall not be annexed unless the governing...
- California Health and Safety Code Section 4642
Whenever the governing body of the city determines and finds that additional territory will be benefited by annexation to the district, it may pass a...
- California Health and Safety Code Section 4643
The resolution shall be passed by a vote of two-thirds of all the members of the governing body of the city.
- California Health and Safety Code Section 4644
The resolution shall do all of the following: (a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by...
- California Health and Safety Code Section 4645
The resolution, together with the names of the members of the governing body voting for and against it, shall be published, posted, and mailed as...
- California Health and Safety Code Section 4646
On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider any objections...
- California Health and Safety Code Section 4647
After making all necessary and proper changes in the boundaries, the governing body may, by a resolution passed by a two-thirds vote of all its...
- California Health and Safety Code Section 4648
Upon the recordation of such resolution the territory annexed is a part of the district and is subject to all the liabilities and entitled to...
- California Health and Safety Code Section 4650
Territory within the Atherton Channel Drainage District may be withdrawn from such district pursuant to Division 1 (commencing with Section 56000) of Title 6 of...
- California Health and Safety Code Section 4700
This chapter shall be known and cited as the "county sanitation district act."
- California Health and Safety Code Section 4701
"District," as used in this chapter, means any county sanitation district formed pursuant to this chapter or pursuant to any law which it supersedes.
- California Health and Safety Code Section 4702
"District board," as used in this chapter, means the board of directors of a district.
- California Health and Safety Code Section 4703
Districts may be formed, maintained, and governed in any county as provided in this chapter.
- California Health and Safety Code Section 4710
A board of supervisors desiring to form a county sanitation district shall adopt a resolution of its intention to do so. The resolution shall contain...
- California Health and Safety Code Section 4711
The district as formed may include unincorporated or incorporated territory, or both. The incorporated territory included in the district may include the whole or part...
- California Health and Safety Code Section 4711.5
The land proposed to be formed into a district need not consist of contiguous parcels.
- California Health and Safety Code Section 4712
The time to be fixed for the hearing of objections shall be not less than thirty days after the adoption of the resolution. The hearing...
- California Health and Safety Code Section 4713
Prior to the time of hearing, the resolution shall be published at length twice in at least one newspaper of general circulation in the proposed...
- California Health and Safety Code Section 4714
At the time provided in the resolution of intention or at any time to which the hearing is continued, the board of supervisors shall hear...
- California Health and Safety Code Section 4714.5
If the board of supervisors finds that protests have been made, prior to its final determination for formation of the district, by the owners of...
- California Health and Safety Code Section 4715
If written objection to the formation of the district, signed by 5 percent of the voters registered in the district if the district contains less...
- California Health and Safety Code Section 4716
At the election only voters registered in the proposed district may vote. Election precincts shall be established by the board of supervisors, and precinct boards,...
- California Health and Safety Code Section 4716.1
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a...
- California Health and Safety Code Section 4716.2
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of...
- California Health and Safety Code Section 4716.3
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time...
- California Health and Safety Code Section 4716.4
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be...
- California Health and Safety Code Section 4717
At the conclusion of the hearing, or if an election is held and the canvass of the election returns shows that a majority of all...
- California Health and Safety Code Section 4718
The order of formation shall contain the name of the district, and a description of the boundaries or otherwise indicate its territory. The order is...
- California Health and Safety Code Section 4730
The governing body of a sanitation district is a board of directors of not less than three members. The presiding officer of the governing body...
- California Health and Safety Code Section 4730.1
(a) Notwithstanding the provisions of Section 4730, the resolution of intention to form the district and the order of formation of the district may provide...
- California Health and Safety Code Section 4730.2
A sanitation district heretofore or hereafter established may elect to be governed by a board of directors constituted as set forth in Section 4730.1 by...
- California Health and Safety Code Section 4730.4
(a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or...
- California Health and Safety Code Section 4730.5
(a) Notwithstanding the provisions of Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing body of the Monterey Regional County Sanitation...
- California Health and Safety Code Section 4730.6
(a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or any other provision of law, the governing board of the Ventura Regional Sanitation District shall be a...
- California Health and Safety Code Section 4730.65
(a) Notwithstanding Sections 4730, 4730.1 and 4730.2, or any other provision of law, a sanitation district in Orange County, that has been created by the...
- California Health and Safety Code Section 4730.66
(a) This section applies only to the consolidated sanitation district in Orange County described in Section 4730.65. The powers granted in this section supplement the...
- California Health and Safety Code Section 4730.7
The governing board of the Delta Diablo Sanitation District may designate any depository or depositories pursuant to Article 2 (commencing with Section 53630) of Chapter...
- California Health and Safety Code Section 4730.8
(a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing board of a sanitation district in the County of Riverside...
- California Health and Safety Code Section 4730.9
The governing board of the Napa Sanitation District shall be a board of directors constituted in accordance with this article, except that the board shall...
- California Health and Safety Code Section 4730.10
(a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, beginning on January 1, 1996, the governing body of the South San Luis Obispo...
- California Health and Safety Code Section 4730.11
(a) Notwithstanding any other provision of this article, the governing body of the Sacramento Area Sewer District, formerly known as the Sacramento County Sanitation District...
- California Health and Safety Code Section 4730.12
(a) Notwithstanding any other provision of this article, the governing body of the Sacramento Regional County Sanitation District shall be a board of directors composed...
- California Health and Safety Code Section 4731
If additional territory is annexed to the district as well as whenever any change takes place in the character of the territory, by the incorporation...
- California Health and Safety Code Section 4732
The county auditor of the county in which the district is formed is ex officio the auditor of the district.
- California Health and Safety Code Section 4733
(a) The district board may fix the amount of compensation per meeting to be paid each member of the board for services for each meeting...
- California Health and Safety Code Section 4733.5
Where two or more county sanitation districts have joined in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system, or sewage disposal...
- California Health and Safety Code Section 4734
Where two or more county sanitation districts have joined in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system or sewage disposal...
- California Health and Safety Code Section 4735
If the withdrawal of the city results in less than three members remaining on the district board, the vacancy shall be filled in accordance with...
- California Health and Safety Code Section 4738
A county sanitation district may sue and be sued by its own name.
- California Health and Safety Code Section 4739
A county sanitation district may employ such sanitation experts, surveyors, counsel, and other persons as are needed to carry into effect any powers of the
- California Health and Safety Code Section 4739.5
By resolution, the board may change the name of the district. The change of name shall be effective upon recording a certified copy in the...
- California Health and Safety Code Section 4740
The district may acquire by gift, purchase, condemnation, or otherwise, in the name of the district, and own, control, manage, and dispose of any interest...
- California Health and Safety Code Section 4741
A district may acquire, construct, and complete within or without the district, sewage collection, treatment and disposal works, including sewage treatment plants, outfalls, intercepting, collecting...
- California Health and Safety Code Section 4741.1
A district board desiring to construct, maintain and operate a refuse transfer or disposal system, or both, within or without the district in addition to...
- California Health and Safety Code Section 4741.2
That portion of a political subdivision lying within a district and having representation on the district board of directors, shall be excluded from the proposed...
- California Health and Safety Code Section 4741.3
At the expiration of not less than 90 days after adoption of the resolution of intention to construct, maintain and operate a refuse transfer or...
- California Health and Safety Code Section 4741.4
The board of directors of a county sanitation district shall be the same for all district purposes, activities, and objectives, whether for collection, treatment and...
- California Health and Safety Code Section 4741.5
When a refuse transfer or disposal system, or both, is established by a district pursuant to the provisions of this article, the district shall comply...
- California Health and Safety Code Section 4741.6
The provisions of Sections 4741.1 through 4741.5 shall not apply to any district whose resolution of intention pursuant to Section 4710 discloses that the district...
- California Health and Safety Code Section 4741.7
Notwithstanding any of the provisions of this chapter, or of Article 4 (commencing with Section 5470) to the contrary, a district may fix and collect...
- California Health and Safety Code Section 4742
It may join with any other district, city or other governmental agency in the purchase, ownership, use, construction, maintenance, or operation of a sewerage system...
- California Health and Safety Code Section 4742.1
It may contract with any district, city, governmental agency, or person, for the handling, treatment or disposal by the district of refuse, sewage, or industrial...
- California Health and Safety Code Section 4742.3
Whenever a person installs sewers or other facilities for sewers and the district board determines that it is necessary that such sewers or other facilities...
- California Health and Safety Code Section 4742.4
Any county sanitation district and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing,...
- California Health and Safety Code Section 4742.5
It may make provision for street-cleaning and streetsweeping services upon the roads and streets within the boundaries of the district. It may contract with any...
- California Health and Safety Code Section 4743
It may sell, lease, or otherwise dispose of any property of the district or any interest therein whenever it is no longer required for the...
- California Health and Safety Code Section 4744
It may sell, or otherwise dispose of, any water, sewage effluent, fertilizer, or other by-product resulting from the operation of a sewerage system, sewage disposal...
- California Health and Safety Code Section 4745
It may construct, maintain, and operate such pipe lines or other works as may be necessary to conserve and put to beneficial use any water...
- California Health and Safety Code Section 4746
It may issue bonds.
- California Health and Safety Code Section 4746.1
If funds are needed to meet current expenses of maintenance and operation, a district may incur indebtedness by the issuance of negotiable promissory notes pursuant...
- California Health and Safety Code Section 4746.2
(a) If the district board determines by resolution that funds are needed to meet current expenses of maintenance and repair of damage caused by disaster,...
- California Health and Safety Code Section 4746.3
Notwithstanding any other provisions of law, the funds, when borrowed by a sanitation district pursuant to Section 4746.2, shall forthwith increase the appropriations of the...
- California Health and Safety Code Section 4746.4
The district shall pay interest to the county on all funds borrowed pursuant to Section 4746.2 at the same rate that the county applies to...
- California Health and Safety Code Section 4747
It may cause to be levied and collected taxes upon all the taxable real property in the district sufficient to meet the obligations evidenced by...
- California Health and Safety Code Section 4748
The district board shall, by resolution, employ one or more sanitation engineers to make a survey of the problems of the district concerning sanitation especially...
- California Health and Safety Code Section 4749
The engineer or engineers may, subject to the direction of the district board, employ such surveyors and others as may be necessary to prepare the...
- California Health and Safety Code Section 4750
When the engineers' report is filed the district board shall examine it and may thereupon (a) reject it and direct that a new report be...
- California Health and Safety Code Section 4751
Notice of the hearing shall be given by the district board by publishing the notice for at least five times in a daily, or twice...
- California Health and Safety Code Section 4752
At the conclusion of the hearing the district board shall either order the report changed to conform to some or all the objections made or...
- California Health and Safety Code Section 4753
The district board may, thereafter, have such portions of the report as are adapted to publication, or a resume, published for free public distribution.
- California Health and Safety Code Section 4754
The engineers employed by the district board to make the report required by this chapter, or other engineers, shall be directed by the district board...
- California Health and Safety Code Section 4758
Any work recommended to be done in the report approved and adopted by the district board shall be done in conformity with the general plans...
- California Health and Safety Code Section 4759
A right of way in or across any public highway, street, or property in the district is hereby granted to the district wherever the right...
- California Health and Safety Code Section 4759.1
(a) There is granted to every district the right to construct, operate and maintain outfall, intercepting and trunk sewerlines, other than ocean outfall lines and...
- California Health and Safety Code Section 4760
The district board may, by agreement with any city or other public agency, take possession of, or acquire by condemnation or in any other manner...
- California Health and Safety Code Section 4761
Any city or public agency in the district may enter into an agreement with the district for the use, or entire possession and operation, by...
- California Health and Safety Code Section 4762
Whenever any area in the district is provided with a sewerage system the governing body of the city in which the area lies may declare...
- California Health and Safety Code Section 4762.1
All connections of lateral or other sewerlines to the sewerage system of the district, whether within or without any city, shall be made at points...
- California Health and Safety Code Section 4763
All powers of the district shall be exercised by the district board unless otherwise specified.
- California Health and Safety Code Section 4764
It may borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations whether heretofore or hereafter incurred; and also refund...
- California Health and Safety Code Section 4765
Any district, directly or through a representative, may attend the Legislature and any committees thereof and present information to aid the passage of legislation which...
- California Health and Safety Code Section 4766
The district board may adopt ordinances to carry out the provisions of Sections 5473 to 5473.11, inclusive, of the Health and Safety Code and this...
- California Health and Safety Code Section 4766.1
The board of supervisors of any county may adopt a model county sanitation district ordinance. The procedure for the adoption of said ordinance shall be...
- California Health and Safety Code Section 4766.2
The district board is hereby authorized to enact an ordinance which adopts by reference all or any part of a model county sanitation district ordinance....
- California Health and Safety Code Section 4766.3
Prior to adoption of any ordinance which adopts by reference all or any part of a model county sanitation district ordinance, the district board shall...
- California Health and Safety Code Section 4766.4
Nothing contained in this article shall be deemed to relieve any district from the requirement of publishing in full the ordinance which adopts by reference...
- California Health and Safety Code Section 4766.5
If at any time the model sanitation district ordinance is amended by the county board of supervisors, then the district board may adopt such amendment...
- California Health and Safety Code Section 4766.5
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- California Health and Safety Code Section 4766.6
If the board of directors of the district is the board of supervisors, the district may adopt the model county sanitation district ordinance and any...
- California Health and Safety Code Section 4767
Any county sanitation district may, in addition to its other powers, acquire, construct, control, operate, and maintain waterworks, conduits, reservoirs, storage sites, and other works...
- California Health and Safety Code Section 4767.5
A district may contract with any state agency to finance any district improvement authorized by Section 4767. The terms of the contract shall be consistent...
- California Health and Safety Code Section 4768
Section 19990 of the Government Code shall apply to employees of the district.
- California Health and Safety Code Section 4770
Except as to State highways where the State Highway Engineer refuses to issue a permit, with the consent of the legislative body having jurisdiction of...
- California Health and Safety Code Section 4771
The Improvement Act of 1911, the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 are applicable to districts.
- California Health and Safety Code Section 4772
In the application of those acts to proceedings under this article the terms used in those acts shall have the following meanings: (a) "City council,"...
- California Health and Safety Code Section 4773
The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards,...
- California Health and Safety Code Section 4774
The improvements authorized to be constructed or acquired under this article are restricted to those permitted to be constructed or acquired by such districts under...
- California Health and Safety Code Section 4780
After the approval and adoption of an engineers' report the district board shall submit to the voters of the district the proposition of incurring a...
- California Health and Safety Code Section 4781
The resolution shall state all of the following: (a) The general objects and purposes for which it is proposed to incur an indebtedness. (b) A...
- California Health and Safety Code Section 4782
For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and describe the...
- California Health and Safety Code Section 4783
An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct.
- California Health and Safety Code Section 4784
Only voters registered in the district are eligible to vote at the bond election.
- California Health and Safety Code Section 4785
The resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district...
- California Health and Safety Code Section 4786
If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in...
- California Health and Safety Code Section 4787
The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter...
- California Health and Safety Code Section 4788
The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at...
- California Health and Safety Code Section 4789
The bonds shall be issued in such denomination or denominations as the district board may determine. They shall be payable on the day and at...
- California Health and Safety Code Section 4790
The bonds shall be signed by the chairman of the district board, and countersigned by the county treasurer, and the seal of the district board...
- California Health and Safety Code Section 4791
If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser,...
- California Health and Safety Code Section 4792
The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the...
- California Health and Safety Code Section 4792.1
When the board of supervisors is the district board of a district and such board deems it in the best interests of the district, it...
- California Health and Safety Code Section 4793
The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. Payments from the construction fund...
- California Health and Safety Code Section 4793.1
When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund may be...
- California Health and Safety Code Section 4794
If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the...
- California Health and Safety Code Section 4795
If the district board by resolution passed by a vote of a majority of all its members determines that the public interest or necessity of...
- California Health and Safety Code Section 4796
Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the...
- California Health and Safety Code Section 4797
In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with...
- California Health and Safety Code Section 4799
Nothing in this chapter shall affect the validity of, or the right to issue and sell, bonds voted prior to the date when this code...
- California Health and Safety Code Section 4801
(1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance...
- California Health and Safety Code Section 4802
Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with...
- California Health and Safety Code Section 4803
An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2...
- California Health and Safety Code Section 4805
The provisions of the Revenue Bond Law of 1941 as amended shall be applicable to county sanitation districts, and the term "local agency" as used...
- California Health and Safety Code Section 4806
As an alternative method of issuing bonds the district board may, after the approval and adoption of an engineer's report for a portion of the...
- California Health and Safety Code Section 4806.5
As an alternative method of issuing bonds the district board may, after the approval and adoption of an engineer's report for a portion of the...
- California Health and Safety Code Section 4807
Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066 of the Government Code prior to the...
- California Health and Safety Code Section 4808
At the time and place so fixed, or at any time and place to which the hearing is adjourned, the district board shall proceed with...
- California Health and Safety Code Section 4808.5
At the time and place so fixed, or at any time and place to which the hearing is adjourned, the district board shall proceed with...
- California Health and Safety Code Section 4809
When the board has made its determinations as provided in Section 4808 and if the board deems it necessary to incur the bonded indebtedness, the...
- California Health and Safety Code Section 4809.1
Except as otherwise provided in this article, notice of the election shall be given and the election shall be held and conducted in the same...
- California Health and Safety Code Section 4809.2
No irregularities or informalities in conducting such election shall invalidate the same, if the election shall have otherwise been fairly conducted. Any action or proceedings,...
- California Health and Safety Code Section 4809.3
Bonds issued as bonds of the district for an improvement district therein and the interest thereon shall be paid by revenue derived exclusively from an...
- California Health and Safety Code Section 4810
Annually, on or before the first day of August the district board shall furnish to the board of supervisors and the county auditor a written...
- California Health and Safety Code Section 4811
The board of supervisors of the county shall annually, at the time and in the manner of levying other county taxes, levy and cause to...
- California Health and Safety Code Section 4812
If the district board fails to furnish to the board of supervisors the written statement of the amount necessary, the board of supervisors of the...
- California Health and Safety Code Section 4813
The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected...
- California Health and Safety Code Section 4814
The principal and interest on the bonds shall be paid by the treasurer of the county in the manner now or hereafter provided by law...
- California Health and Safety Code Section 4815
In any year, at least 15 days before the first day of the month in which the board of supervisors of the county in which...
- California Health and Safety Code Section 4816
The tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes, and...
- California Health and Safety Code Section 4817
Claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of...
- California Health and Safety Code Section 4818
The cost of preparing the engineer's report, including the compensation paid engineers and other employees of the district, is a charge against the district and...
- California Health and Safety Code Section 4819
The cost of the engineer's report, employees' salaries, costs of engineering surveys, bond counsel fees, and other initial costs and expenses, not to exceed five...
- California Health and Safety Code Section 4820
The board of directors of a county sanitation district engaging in refuse disposal operations may, by resolution, establish a cash difference fund in an amount...
- California Health and Safety Code Section 4830
Territory, whether situated within the same or another county and whether incorporated or unincorporated, which is not included in any other county sanitation district or...
- California Health and Safety Code Section 4831
If a refuse transfer or disposal system of the district, or both, is in existence, any territory proposed to be annexed to the district shall...
- California Health and Safety Code Section 4831.5
Property contiguous to a sanitation district but which is situated in a county other than the county in which the sanitation district has been organized...
- California Health and Safety Code Section 4832.5
Whenever any territory in another county is annexed to a district it thereupon becomes a part of the district. The board of supervisors of the...
- California Health and Safety Code Section 4832.6
Notwithstanding the provisions of Section 4832.5, whenever territory of less than 50 acres in another county is annexed to the Selma-Kingsburg-Fowler County Sanitation District, and...
- California Health and Safety Code Section 4833
Taxes for a district which is situated in more than one county as provided in this article shall be levied in accordance with the following...
- California Health and Safety Code Section 4834
Territory already a part of a county sanitation district may be annexed to an improvement district of that county sanitation district under the procedure set...
- California Health and Safety Code Section 4835
The district board shall adopt a resolution initiating proceedings for annexation pursuant to Section 4834, which resolution shall contain all the following: (a) Set forth...
- California Health and Safety Code Section 4836
The clerk of the district shall give notice of the hearing by mailing a copy of such notice to all landowners owning land within the...
- California Health and Safety Code Section 4837
A majority protest shall be deemed to exist, and the proposed annexation shall be abandoned, if the district board shall find that written protests filed...
- California Health and Safety Code Section 4838
At the hearing, all interested persons shall be given the opportunity to present evidence and testimony for or against the proposed annexation. Any person who...
- California Health and Safety Code Section 4839
If the district board approves the proposed annexation, or approves the annexation but excludes any lands, a certified copy of the resolution of the district...
- California Health and Safety Code Section 4840
Whenever two or more sanitation districts find and declare by resolution adopted by their respective district boards that it is for the interest or advantage...
- California Health and Safety Code Section 4841
The agreement shall specify the proportionate amount to be paid by each district toward the costs and expenses of the organization and the salaries, wages,...
- California Health and Safety Code Section 4842
For the purpose of facilitating the payment of the joint costs, expenses, salaries, wages, or other compensation, the agreement may also provide for the payment...
- California Health and Safety Code Section 4843
The district may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation,...
- California Health and Safety Code Section 4850
The district board may, by resolution, establish zones within the district, or amend the boundaries of an existing zone by annexing property to or by...
- California Health and Safety Code Section 4851
The resolution declaring the intention to form a special zone shall describe the boundaries of the proposed zone, declare that the district board finds that...
- California Health and Safety Code Section 4852
The resolution declaring the intention to annex territory to an existing zone shall describe the boundaries of the proposed annexation, declare that the district board...
- California Health and Safety Code Section 4853
Notice of a hearing shall be given by publication at least once a week for two successive weeks, not more than 30 nor less than...
- California Health and Safety Code Section 4854
Any interested person, at or before the hearing, may file with the district board a written objection to the creation of the zone or to...
- California Health and Safety Code Section 4855
A copy of the resolution ordering the formation of the zone, or amending the boundaries of an existing zone, shall be filed in the office...
- California Health and Safety Code Section 4856
The district board shall thereafter in each year, prior to the time of fixing the county tax rate, furnish to the board of supervisors a...
- California Health and Safety Code Section 4857
The board of supervisors shall fix a special tax rate and levy a special assessment tax each year upon the real property in such zone,...
- California Health and Safety Code Section 4858
Any special zone may be abolished or territory withdrawn therefrom by resolution of the district board, after hearing held in the manner provided for in...
- California Health and Safety Code Section 4860
This chapter shall be known and may be cited as the sewer maintenance district act.
- California Health and Safety Code Section 4861
"District," as used in this chapter, means a sewer maintenance district formed pursuant to this chapter or pursuant to any law which it supersedes.
- California Health and Safety Code Section 4862
"Board," as used in this chapter, means the board of supervisors of the county in which a district is formed, or in which it is...
- California Health and Safety Code Section 4863
"Clerk," as used in this chapter, means the clerk of the board of supervisors.
- California Health and Safety Code Section 4864
This chapter does not repeal any law providing for the organization of sanitary districts or county sanitation districts nor authorize the governing body of a...
- California Health and Safety Code Section 4866
"Sewers" as used in this chapter includes lateral and collecting sewers, septic tanks and all other means of handling, gathering and disposing of sewage in...
- California Health and Safety Code Section 4870
Any portion of the territory of a county, whether incorporated or unincorporated, in which lateral or collecting sanitary sewers have been installed, for the maintenance...
- California Health and Safety Code Section 4871
The board of supervisors of any county may determine by resolution that any portion of the unincorporated area of the county not already included in...
- California Health and Safety Code Section 4872
The board shall fix a time and place to hear the proposal to form a district.
- California Health and Safety Code Section 4873
The board shall direct the clerk to give notice of the hearing. The notice shall have the heading "Notice of the proposed formation of ____...
- California Health and Safety Code Section 4874
The board shall direct the clerk to publish the notice once a week for two successive weeks in the newspaper of general circulation circulated in...
- California Health and Safety Code Section 4875
The board shall also direct the clerk to post the notice in three public places in the proposed district at least 10 days prior to...
- California Health and Safety Code Section 4876
At any time prior to the time fixed for the hearing any interested person may file with the clerk written objections to the formation of...
- California Health and Safety Code Section 4877
At the time and place fixed for the hearing or at any time to which the hearing is continued, the board shall consider and pass...
- California Health and Safety Code Section 4878
If the board overrules the objections to the formation it shall hear any person objecting to the inclusion in the proposed district of any particular...
- California Health and Safety Code Section 4879
Any district organized under the provisions of this act may become a part of a county sanitation district after the board of supervisors of the...
- California Health and Safety Code Section 4880
A district which becomes a part of the county sanitation district as hereinabove provided for is not thereby dissolved, but may continue to function, except...
- California Health and Safety Code Section 4885
The board is the governing body of the district and may make and enforce all rules and regulations necessary for the administration and government of...
- California Health and Safety Code Section 4886
The board may acquire by gift, condemnation, purchase, or otherwise in the name of the county, and own, control, manage, and dispose of, real and...
- California Health and Safety Code Section 4887
The board may appoint the county surveyor to supervise the work of cleaning, repairing, reconstructing, renewing, replacing, operating, and maintaining the sewers and their appurtenances...
- California Health and Safety Code Section 4887.5
The board may by resolution change the name of any district to conform with a change in the street name or other designation which the...
- California Health and Safety Code Section 4889
If a district has a boundary which is contiguous to a boundary of a city and the district has a contract with that city under...
- California Health and Safety Code Section 4890
The clerk shall file in the office of the county assessor a certified copy of each resolution of the board that affects a district in...
- California Health and Safety Code Section 4891
The board may levy a tax each year upon the real property in the district sufficient to defray the cost of maintaining, operating, and repairing...
- California Health and Safety Code Section 4891.1
The annual tax levy may include a reserve for contingencies not to exceed 10 percent of the total levy. The contingency reserve shall be available...
- California Health and Safety Code Section 4892
The tax shall be levied and collected at the same time and in the same manner as general county taxes levied for county purposes and...
- California Health and Safety Code Section 4892.1
On or before the first day of July the governing body of any city, the area of which, in whole or in part, is included...
- California Health and Safety Code Section 4893
If a district is organized in any year too late for the levy of a tax in that year or in the next ensuing year,...
- California Health and Safety Code Section 4894
Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available funds to a county sewer maintenance district...
- California Health and Safety Code Section 4894.1
When the board of supervisors has so declared in its resolution of intention to order the formation of a sewer maintenance district or any annexation...
- California Health and Safety Code Section 4895
Outlying territory, whether incorporated or unincorporated, and whether contiguous or not, may be annexed to a district as provided in this article, except that no...
- California Health and Safety Code Section 4896
The board may by resolution fix a time and place for a hearing upon the question of the annexation of territory to a district. The...
- California Health and Safety Code Section 4897
The date set for the hearing on the proposed annexation shall be at least three weeks after the date of the adoption of the resolution...
- California Health and Safety Code Section 4898
The board shall cause notices of the hearing to be posted in at least three conspicuous places in the territory proposed to be annexed and...
- California Health and Safety Code Section 4899
The notices shall be headed "notice of hearing" in letters not less than one inch in height and shall contain a description of the territory...
- California Health and Safety Code Section 4900
At the time fixed for the hearing or at any time to which it is continued the board shall hear and pass upon the proposal...
- California Health and Safety Code Section 4901
If the territory annexed to the district comprises a portion of another district formed under the provisions of this chapter, or under the provisions of...
- California Health and Safety Code Section 4902
If the territory annexed to the district comprises all of another district, formed under the provisions of this chapter, or under the provisions of Chapter...
- California Health and Safety Code Section 4903
The exclusion of territory from one district and its annexation to another district shall not be effective until all outstanding contracts of the district from...
- California Health and Safety Code Section 4905
Any portion of a district that will not be benefited by remaining in the district may be excluded as provided in this article.
- California Health and Safety Code Section 4906
A petition to exclude territory shall be signed by 50 or more freeholders in the portion proposed to be excluded from the district, or by...
- California Health and Safety Code Section 4906.1
As an alternative to the procedure outlined in Section 4906, the board may by resolution entered in its minutes fix a time for a hearing...
- California Health and Safety Code Section 4907
Upon receiving a petition to exclude territory the board shall fix a time for hearing it and for hearing protests to the continuance of the...
- California Health and Safety Code Section 4908
At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in the newspaper circulated...
- California Health and Safety Code Section 4909
Any person interested may appear at the hearing and object to the exclusion of the territory from the district, or may object to the continuance...
- California Health and Safety Code Section 4910
If the board finds that the territory proposed to be excluded will not be benefited by remaining in the district, and that the territory not...
- California Health and Safety Code Section 4911
Upon the exclusion of any territory from the district all property acquired for the district shall remain vested in the county and be used for...
- California Health and Safety Code Section 4915
A district may be dissolved by the board as provided in this chapter.
- California Health and Safety Code Section 4916
A petition for dissolution, signed by 50 or more freeholders and residents of the district, or by a majority of the freeholders and residents if...
- California Health and Safety Code Section 4917
Upon receiving a petition for dissolution, or adopting a resolution to initiate dissolution proceedings, the board shall fix a time for a hearing of the...
- California Health and Safety Code Section 4918
At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in a newspaper circulated...
- California Health and Safety Code Section 4919
At the time appointed for the hearing or at any time to which it is continued, the board shall hear and pass upon the petition...
- California Health and Safety Code Section 4920
If the proposed dissolution is granted, the board shall by resolution order the dissolution of the district and the district is thereupon dissolved. The property...
- California Health and Safety Code Section 4921
Upon the inclusion of all the territory of a district in one or more cities, either by reason of annexation or by reason of the...
- California Health and Safety Code Section 4922
If all of the district is included in one city, the fund shall be paid to the treasurer of the city and administered by the...
- California Health and Safety Code Section 4923
If a part only of the district is so included in one city and the remaining part of the district is included in one or...
- California Health and Safety Code Section 4924
The funds paid over by the district to a city shall be administered by its governing body for the benefit of such portions of the...
- California Health and Safety Code Section 4925
When all territory in a district has been included in a city the district is thereupon, by reason of the inclusion, dissolved.
- California Health and Safety Code Section 4926
If less than the whole of a district is included in a city either by reason of annexation or by reason of incorporation proceedings, the...
- California Health and Safety Code Section 4927
If all of the district is included within a sanitary district, the district is dissolved upon the filing with the Secretary of State of a...
- California Health and Safety Code Section 4950
"Works," as used in this chapter, includes any or all of the following facilities, including, but not limited to, necessary lands, rights-of-way, or other property:...
- California Health and Safety Code Section 4951
"District," as used in this chapter, includes city, county, city and county, or any municipal or public corporation or district which is authorized to acquire,...
- California Health and Safety Code Section 4952
"Governing body," as used in this chapter, means the governing body of the district.
- California Health and Safety Code Section 4953
"Clerk," as used in this chapter, means the clerk or secretary of the governing body or of the district.
- California Health and Safety Code Section 4954
"Area," as used in this chapter, means the area served, or proposed to be served, by the works, or proposed works.
- California Health and Safety Code Section 4955
"Rates," as used in this chapter, includes rates and charges.
- California Health and Safety Code Section 4956
"Bonds," as used in this chapter, means revenue bonds authorized by this chapter.
- California Health and Safety Code Section 4957
"Treasurer," as used in this chapter, means the treasurer of the district.
- California Health and Safety Code Section 4958
"Owners of improved real property," as used in this chapter, means persons who are recorded on the books of the assessor and tax collector as...
- California Health and Safety Code Section 4959
The provisions of this chapter regarding a referendum shall be liberally construed to effect the objects of this chapter, and no irregularity or informality shall...
- California Health and Safety Code Section 4960
This chapter is an additional and alternative method to those already provided for the acquisition, construction, extension, and operation of the works referred to in...
- California Health and Safety Code Section 4961
If any section, subsection, sentence, clause, or phrase of this chapter, or the application thereof to any person or circumstance, is for any reason held...
- California Health and Safety Code Section 4965
Before a district acquires or constructs any works under this chapter, its governing body shall adopt a resolution declaring its intention to do so.
- California Health and Safety Code Section 4966
The resolution of intention shall contain all of the following: (a) A brief and general description of the works. If they are to be constructed,...
- California Health and Safety Code Section 4967
The owner of property that may be benefited by the acquisition, construction, extension, or operation of the works referred to in this chapter may file...
- California Health and Safety Code Section 4970
The time set for the hearing shall be not less than twenty nor more than forty days after the adoption of the resolution.
- California Health and Safety Code Section 4971
The governing body shall cause the resolution to be published twice in one or more newspapers published and circulated in the district. If no newspaper...
- California Health and Safety Code Section 4972
A copy of the resolution headed "Notice of Sewer Work," in letters not less than one inch in height, shall be posted in the district...
- California Health and Safety Code Section 4973
Both the posting and the publication shall be completed at least ten days before the time set for the hearing. Affidavits of publication and of...
- California Health and Safety Code Section 4974
At the time set for the hearing, the governing body shall hear all persons or their representatives having any objections to the acquisition or construction...
- California Health and Safety Code Section 4975
If, before the conclusion of the hearing, a petition signed by not less than 15 percent of the owners or by not less than 15...
- California Health and Safety Code Section 4976
If called, the election shall be held and conducted, the votes received and canvassed, and the returns made, determined, and declared, so far as practicable,...
- California Health and Safety Code Section 4979
If the proposal is not rejected at a referendum election, the governing body acquires jurisdiction to proceed.
- California Health and Safety Code Section 4985
The cost of the acquisition or construction of the works for which bonds may be issued includes all of the following: (a) The cost of...
- California Health and Safety Code Section 4986
Bonds issued and sold under this chapter shall be revenue bonds of the character and form known as "serials." Each bond shall be entitled "sewer...
- California Health and Safety Code Section 4987
Each bond, except those of the last installment, or one of each annual installment, shall be in multiples of one hundred dollars, in such amount...
- California Health and Safety Code Section 4988
The bonds shall bear interest, as the governing body shall determine, at a rate not to exceed 8 percent per annum, and shall, after the...
- California Health and Safety Code Section 4989
The governing body shall prescribe the form of the bonds, and provide that of the indebtedness represented thereby a part shall be payable each year...
- California Health and Safety Code Section 4990
The number of bonds to be paid each year need not be the same, and the governing body may fix maturities so that the number...
- California Health and Safety Code Section 4991
If the district is a city, the bonds shall be signed by the mayor if there is one; otherwise by the president or chairman of...
- California Health and Safety Code Section 4992
In the ordinance authorizing the issuance of the bonds, provision may be made, but are not limited to provisions: (a) That all or part of...
- California Health and Safety Code Section 4993
If the proceeds of the bonds for any reason are less than the cost of the works, additional bonds may in like manner be issued...
- California Health and Safety Code Section 4994
No error, defect, irregularity, informality, and no neglect or omission of any officer of any district in any proceedings under this chapter, that does not...
- California Health and Safety Code Section 4995
Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with...
- California Health and Safety Code Section 4996
An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2...
- California Health and Safety Code Section 4997
In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with...
- California Health and Safety Code Section 5000
Any district may acquire, construct, and operate works within or without its limits.
- California Health and Safety Code Section 5001
It may acquire by gift, purchase, condemnation, or otherwise, all lands, rights of way, or other property necessary therefor.
- California Health and Safety Code Section 5002
It may issue and sell bonds for the acquisition and construction of works.
- California Health and Safety Code Section 5003
The governing body shall have supervision and control over the construction, acquisition, and operation of the works, and the collection of rates for their use.
- California Health and Safety Code Section 5004
The governing body may take all steps and proceedings and make and enter into all contracts or agreements necessary, convenient, or incidental to the performance...
- California Health and Safety Code Section 5005
It may employ engineers, architects, inspectors, superintendents, a manager, collectors, attorneys, and such other employees as in its judgment are necessary or convenient in the...
- California Health and Safety Code Section 5006
The governing body shall establish rules and regulations for the use of the works, including all sewers and works connected therewith, as may be necessary...
- California Health and Safety Code Section 5007
The governing body shall provide that all public ways or public works damaged or destroyed in carrying out the provisions of this chapter shall be...
- California Health and Safety Code Section 5008
In the operation of the works, the district may do any or all of the following: (a) Sell, or otherwise dispose of any water, sewage...
- California Health and Safety Code Section 5009
Whenever any community in the district is provided with a sewerage system under this chapter the governing body having jurisdiction over that community shall declare...
- California Health and Safety Code Section 5010
All works acquired or constructed under this chapter where the expense involved exceeds five hundred dollars, shall be done by contract which shall be awarded...
- California Health and Safety Code Section 5011
The governing body shall comply with all the conditions and requirements of the Emergency Relief and Construction Act of 1932, respecting the employment of labor,...
- California Health and Safety Code Section 5012
Before awarding any contract for construction of works the governing body shall cause to be published a notice inviting sealed bids for doing it. The...
- California Health and Safety Code Section 5013
All bids shall be accompanied by a certified check payable to the district for an amount that is not less than ten per cent of...
- California Health and Safety Code Section 5014
The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, examine, and declare them.
- California Health and Safety Code Section 5015
The governing body may reject all bids if it deems this for the public good, and shall reject all bids other than the lowest regular...
- California Health and Safety Code Section 5016
If the bids are rejected or if no bids are received, the governing body may readvertise for bids as in the first instance without further
- California Health and Safety Code Section 5017
If the successful bidder fails, neglects, or refuses for twenty days after written notice of the award has been mailed him to enter into the...
- California Health and Safety Code Section 5018
Each contractor shall, at the time of entering into the contract, execute a surety bond to the satisfaction and approval of the governing body in...
- California Health and Safety Code Section 5019
The contract shall provide that the work shall be commenced within twenty days after the contractor has received written notice from the clerk that there...
- California Health and Safety Code Section 5020
At the time of entering into the contract the contractor shall execute, deliver, and file with the governing body a good and sufficient surety bond,...
- California Health and Safety Code Section 5021
All provisions of the codes and general laws relating to notice and the foreclosure of such liens are applicable, but suit may only be brought...
- California Health and Safety Code Section 5022
In all respects not otherwise provided for in this chapter the bond shall be in conformity with the requirements of the general law of the...
- California Health and Safety Code Section 5025
All necessary preliminary expenses incurred by the governing body in carrying out this chapter, including the making of surveys, plans, and estimates of costs and...
- California Health and Safety Code Section 5026
All compensation of employees, and all other expenses, incurred in carrying out the provisions of this chapter shall be paid solely from funds provided under...
- California Health and Safety Code Section 5027
After reimbursement and repayment to the district of all amounts advanced for preliminary expenses, all money, other than premiums and accrued interest, received from the...
- California Health and Safety Code Section 5028
The money received from the collection of the rates, together with any other revenue derived from the operation of the works, shall be deposited in...
- California Health and Safety Code Section 5029
In the ordinance for the issuance of bonds the governing body shall provide that the revenues derived from the operation of the works shall be...
- California Health and Safety Code Section 5030
In its discretion the governing body may provide in the ordinance providing for the issuance of bonds that the management, maintenance, operation and repair costs...
- California Health and Safety Code Section 5031
All money received for premium and accrued interest shall be paid into a fund for the payment of interest on the bonds and used for...
- California Health and Safety Code Section 5032
A district issuing bonds shall install and maintain a proper system of accounts, showing the amount of revenue received and its application. The district shall...
- California Health and Safety Code Section 5033
The treasurer is custodian of the funds derived from income received from the works constructed or acquired under the provisions of this chapter.
- California Health and Safety Code Section 5034
The treasurer shall give a proper surety bond for the faithful discharge of his duties as custodian, which bond shall be fixed and approved by...
- California Health and Safety Code Section 5040
The governing body shall establish just and equitable rates for the use and maintenance of the works, to be paid by the person leasing or...
- California Health and Safety Code Section 5041
The governing body shall establish rates that, beyond all reasonable doubt, will bring in sufficient money to meet the interest and principal on all outstanding...
- California Health and Safety Code Section 5042
Whenever it appears that the rates are insufficient to provide enough money to pay the principal and interest, in addition to the operating expenses, and...
- California Health and Safety Code Section 5043
The governing body may establish variable rates for different classes of users, or for different parts of the area, where all or any portion of...
- California Health and Safety Code Section 5044
However, the rates may only be imposed and collected from the users of all or any portion of such works as are constructed with money...
- California Health and Safety Code Section 5045
If the users of all or any portion of any works previously acquired and financed by other methods receive any additional benefits from the construction...
- California Health and Safety Code Section 5046
No rates shall be established until after a public hearing, at which all the users of the works and owners of property served or proposed...
- California Health and Safety Code Section 5047
After introduction of the ordinance, resolution, or order fixing the rate, and before it is finally enacted, notice of the hearing, setting forth the proposed...
- California Health and Safety Code Section 5048
After the hearing the ordinance, resolution, or order establishing rates, either as originally introduced or as modified and amended, shall be passed and put into
- California Health and Safety Code Section 5049
A copy of the schedule of the rates shall be kept on file in the office of the clerk, and shall be open to inspection...
- California Health and Safety Code Section 5050
The rates for any class of users or property served may be extended to cover any additional premises thereafter served which fall within the same...
- California Health and Safety Code Section 5051
Any change or readjustment of the rates shall be made in the same manner as the rates were originally established.
- California Health and Safety Code Section 5052
If the rate is not paid when due, on the first day of each calendar month thereafter a penalty of ten per cent of the...
- California Health and Safety Code Section 5053
The rates and penalties may be collected in the following manner: (a) An action may be brought in the name of the district against the...
- California Health and Safety Code Section 5054
The remedies specified for collecting and enforcing rates are cumulative and may be pursued alternatively or may be used consecutively when the governing body so...
- California Health and Safety Code Section 5055
Until the principal and interest of the bonds are fully paid any holder of any bond outstanding at any time may compel the use of...
- California Health and Safety Code Section 5056
After rates are fixed pursuant to this article, any person may pay such rates under protest and bring an action against the governing body in...
- California Health and Safety Code Section 5060
Any district owning or operating works may contract with one or more other cities, counties, sanitation districts, or sanitary districts for the use of the...
- California Health and Safety Code Section 5061
The governing body of the district may by ordinance establish, change, and adjust rates for the service rendered in the lessee-district by the works, against...
- California Health and Safety Code Section 5062
The necessary intercepting sewers and appurtenant works for connecting the works of the owner-district with the sewerage system of the lessee-district shall be constructed by...
- California Health and Safety Code Section 5063
The income received by the owner-district under the contract shall, if so provided in the ordinance, be deemed to be a part of the revenue...
- California Health and Safety Code Section 5070
Territory which has become annexed to a district which has authorized the issuance of bonds pursuant to this chapter, and which territory shall use the...
- California Health and Safety Code Section 5071
Territory which has been withdrawn from a district which has authorized the issuance of bonds pursuant to this chapter, and which territory continues to use...
- California Health and Safety Code Section 5072
A city to which any territory has been annexed, whether or not said territory has been withdrawn from a district which has authorized the issuance...
- California Health and Safety Code Section 5400
The board of supervisors of a county may vacate or abandon easements for sewage or drainage purposes whenever it determines that they are no longer...
- California Health and Safety Code Section 5410
As used in this chapter: (a) "Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation,...
- California Health and Safety Code Section 5411
No person shall discharge sewage or other waste, or the effluent of treated sewage or other waste, in any manner which will result in contamination,...
- California Health and Safety Code Section 5411.5
(a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or...
- California Health and Safety Code Section 5412
Whenever the state department or any local health officer finds that a contamination exists, the state department or officer shall order the contamination abated, as...
- California Health and Safety Code Section 5412.5
(a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or...
- California Health and Safety Code Section 5413
Whenever the state department finds that a pollution or nuisance does, in fact, exist, that condition shall be immediately referred by the state department to...
- California Health and Safety Code Section 5414
With respect to any condition of contamination, the state department may accept the action of any state, county, or municipal officer or agency having jurisdiction...
- California Health and Safety Code Section 5415
No provision in this chapter is a limitation on any of the following: (a) The authority of a city or county to adopt and enforce...
- California Health and Safety Code Section 5416
(a) There shall be not less than one water closet for each 20 employees or fractional part thereof working at a construction job site. (b)...
- California Health and Safety Code Section 5460
The state department or local health officer may issue a peremptory order requiring the abatement of a contamination, and shall immediately furnish to the proper...
- California Health and Safety Code Section 5461
Any person who discharges sewage or other waste in any manner which results in contamination is guilty of a misdemeanor.
- California Health and Safety Code Section 5462
Any action taken pursuant to this article with respect to the abatement of contamination created by the disposal of sewage or other waste from a...
- California Health and Safety Code Section 5463
Any health officer or governing board of any city, county, sanitary district, or other district having the power to operate and maintain a sewerage system,...
- California Health and Safety Code Section 5463
Any health officer or governing board of any city, county, sanitary district, or other district having the power to operate and maintain a sewerage system,...
- California Health and Safety Code Section 5464
An owner or reputed owner, who has his or her property included within an assessment district for the construction of a main trunkline or collector...
- California Health and Safety Code Section 5465
(a) The procedures specified in this section may be used by a public agency that is an entity, as defined in Section 5470. (b) An...
- California Health and Safety Code Section 5470
The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended,...
- California Health and Safety Code Section 5471
(a) In addition to the powers granted in the principal act, any entity shall have power, by an ordinance approved by a two-thirds vote of...
- California Health and Safety Code Section 5472
After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person may pay such fees, rates, tolls, rentals or other...
- California Health and Safety Code Section 5472.5
The rates may be collected with the rates for any other utility service furnished by a department or agency of that entity over which the...
- California Health and Safety Code Section 5473
Any entity which has adopted an ordinance pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or by separate...
- California Health and Safety Code Section 5473a
Any entity may make the election specified in Section 5473 with respect only to delinquent charges and may do so by preparing and filing the...
- California Health and Safety Code Section 5473.1
The clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published pursuant to...
- California Health and Safety Code Section 5473.2
At the time stated in the notice, the legislative body shall hear and consider all objections or protests, if any, to said report referred to...
- California Health and Safety Code Section 5473.3
Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify any charge or overrule any or all objections and...
- California Health and Safety Code Section 5473.4
On or before August 10 of each year following the final determination upon each charge, the clerk shall file with the auditor a copy of...
- California Health and Safety Code Section 5473.5
Except as provided in Section 5473.8, the amount of the charges shall constitute a lien against the lot or parcel of land against which the...
- California Health and Safety Code Section 5473.6
The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.
- California Health and Safety Code Section 5473.7
Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together...
- California Health and Safety Code Section 5473.8
All laws applicable to the levy, collection and enforcement of general taxes of the entity, including, but not limited to, those pertaining to the matters...
- California Health and Safety Code Section 5473.9
The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county...
- California Health and Safety Code Section 5473.10
The entity may provide for a basic penalty of not more than 10 percent for nonpayment of the charges within the time and in the...
- California Health and Safety Code Section 5473.11
(a) An entity shall notify the assessee shown on the latest equalized assessment roll whenever delinquent and unpaid charges for services which would become a...
- California Health and Safety Code Section 5474
An entity shall have the power by ordinance approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges...
- California Health and Safety Code Section 5474.1
The notice shall be published pursuant to Section 6063 of the Government Code prior to the date set for hearing. At least 10 days prior...
- California Health and Safety Code Section 5474.2
At the time stated in the notice the legislative body shall hear and consider all objections or protests, if any, to the imposition of the...
- California Health and Safety Code Section 5474.3
Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify the fees or charges or may overrule any or...
- California Health and Safety Code Section 5474.4
On or before the tenth day of August of each year following such final determination, the legislative body shall certify to the auditor a list...
- California Health and Safety Code Section 5474.5
The auditor shall enter on the current assessment roll the amounts of the installments of such fees or charges and interest and, except as provided...
- California Health and Safety Code Section 5474.6
The tax collector shall include the amounts of the installments of fees or charges and the interest on bills for taxes levied against the respective...
- California Health and Safety Code Section 5474.7
The tax collector may, in his discretion, issue separate bills for such installments of fees or charges and interest. The county shall be compensated for...
- California Health and Safety Code Section 5474.8
Fees or charges imposed by an entity by ordinance adopted pursuant to Section 5474 may differ in amount or method of computation from fees or...
- California Health and Safety Code Section 5474.9
Revenues derived from fees or charges imposed pursuant to Section 5474 shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation...
- California Health and Safety Code Section 5474.10
The authority for the imposition of fees or charges by entities pursuant to Section 5474 shall be in addition to the authority granted to such...
- California Health and Safety Code Section 5475
No right or obligation accrued by the formation or operation of a municipal sewer district pursuant to the provisions of Chapter 673, Statutes of 1909,...
- California Health and Safety Code Section 5745
All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 6096
Claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of...
- California Health and Safety Code Section 6120
Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) "Community facility" means a public or mutual water...
- California Health and Safety Code Section 6121
The Legislature finds and declares that small rural communities are unable to take advantage of various local, state, and federal facility development programs due to...
- California Health and Safety Code Section 6122
The department shall establish a Rural Community Facilities Technical Assistance Program, under which, subject to the availability of funds therefor, contracts shall be made by...
- California Health and Safety Code Section 6123
The program shall be administered by the Director of Housing and Community Development.
- California Health and Safety Code Section 6124
The program shall be for the purpose of helping rural and low-income communities to take advantage of various local, state, and federal financing programs to...
- California Health and Safety Code Section 6125
The Rural Community Facility Grant Fund is hereby created in the State Treasury. The fund is continuously appropriated, without regard to fiscal years, notwithstanding Section...
- California Health and Safety Code Section 6126
The department shall grant funds by contract with eligible grantees under the following conditions: (a) That grantees shall have the ability to provide all aspects...
- California Health and Safety Code Section 6127
The department shall develop and adopt rules and regulations to implement the provisions of this chapter.
- California Health and Safety Code Section 6400
"District," as used in this part, means a district formed pursuant to this part or pursuant to any law which it supersedes.
- California Health and Safety Code Section 6401
"Board" or "district board," as used in this part, means the governing board of a district.
- California Health and Safety Code Section 6402
"Secretary," as used in this part, means the secretary of a district.
- California Health and Safety Code Section 6403
"Assessor," as used in this part, means the assessor of a district.
- California Health and Safety Code Section 6404
"Tax collector," as used in this part, means the tax collector of the county or counties in which a district is located.
- California Health and Safety Code Section 6405
"Treasurer," as used in this part, means the treasurer of the county or counties in which a district is located.
- California Health and Safety Code Section 6406
"Garbage," as used in this part, shall include all of the following: (a) animal, fruit and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings...
- California Health and Safety Code Section 6408
"Board of supervisors," as used in this part, means the board of supervisors of the county in which the greatest portion of the area of...
- California Health and Safety Code Section 6420
Whenever 25 persons in any county, or in two or more counties within the same natural watershed area, desire the formation of a sanitary district...
- California Health and Safety Code Section 6421
The petition shall contain: (a) The name of the proposed district. (b) The boundaries of the proposed district. (c) A request that the territory within...
- California Health and Safety Code Section 6422
Each petitioner shall be a resident and freeholder in the proposed district.
- California Health and Safety Code Section 6423
The petition shall be verified by the affidavit of one of the petitioners.
- California Health and Safety Code Section 6424
The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation published in each county in which...
- California Health and Safety Code Section 6425
With the petition there shall be published a notice stating the time when the petition will be presented to the board of supervisors, and that...
- California Health and Safety Code Section 6440
At the time designated the board of supervisors shall hear the petition, and may adjourn the hearing from time to time.
- California Health and Safety Code Section 6441
The board of supervisors shall not modify the boundaries of the proposed district as set forth in the petition so as to exclude from the...
- California Health and Safety Code Section 6442
If the board of supervisors concludes that any land has been improperly omitted from the proposed district and the owner has not appeared at the...
- California Health and Safety Code Section 6443
The notice shall be given either by publication in the same manner as the original petition and for the same period, or by personal service...
- California Health and Safety Code Section 6444
If the notice is given by personal service, it shall be given at least three days prior to the date fixed for the further hearing.
- California Health and Safety Code Section 6445
The board of supervisors may grant further continuances, by order entered in its minutes, to the end that a full hearing may be had.
- California Health and Safety Code Section 6446
Upon the final hearing of the petition, the board of supervisors, if it approves the petition as originally presented or in a modified form, shall...
- California Health and Safety Code Section 6447
The order shall: (a) Fix the day of the election, which shall be held on the next established election date not less than 74 days...
- California Health and Safety Code Section 6448
The order shall be entered in the minutes of the board of supervisors, and is conclusive evidence of the due presentation of a proper petition,...
- California Health and Safety Code Section 6460
Except as otherwise specifically provided in this article, the provisions of the chapter of this part on elections govern the election on the question of...
- California Health and Safety Code Section 6461
A copy of the order shall be posted for four successive weeks prior to the election in three public places in the proposed district at...
- California Health and Safety Code Section 6461.1
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a...
- California Health and Safety Code Section 6461.2
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of...
- California Health and Safety Code Section 6461.3
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time...
- California Health and Safety Code Section 6461.4
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be...
- California Health and Safety Code Section 6462
At least 15 days prior to the election, the board of supervisors shall select one, and may select two or more, polling places in the...
- California Health and Safety Code Section 6463
The ballots shall contain the words, "sanitary district: yes," and "sanitary district: no," or equivalent words, and the names of the persons to be voted...
- California Health and Safety Code Section 6464
At the election there shall be elected an assessor and the members of the board who shall be resident electors of the district.
- California Health and Safety Code Section 6465
If a majority of the votes cast in each county are in favor of formation of the district, the board of supervisors shall make and...
- California Health and Safety Code Section 6466
If a majority of the votes cast are against formation of the district, the board of supervisors shall by order entered in its minutes so...
- California Health and Safety Code Section 6480
(a) The officers of the district are an assessor and five members of the board. (b) Any member of the legislative body of a city...
- California Health and Safety Code Section 6480.1
(a) Notwithstanding Section 6480, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into...
- California Health and Safety Code Section 6480.5
At any time within two years after a sanitary district consolidates with or annexes the territory of a district having powers and functions substantially identical...
- California Health and Safety Code Section 6480.7
If a consolidation involving the Capistrano Beach Sanitary District and the Dana Point Sanitary District is approved, the board of directors of the consolidated district...
- California Health and Safety Code Section 6481
The board is the governing power of the district, and exercises all district powers, except the making of an assessment roll in the first instance.
- California Health and Safety Code Section 6482
Except as to those members of the board who are elected at the election on formation, the term of office of each member of the...
- California Health and Safety Code Section 6483
Vacancies in the membership of the board shall be filled pursuant to Section 1780 of the Government Code.
- California Health and Safety Code Section 6484
The members of the board elected at the election as a result of which the district was organized or, if the district is reorganized under...
- California Health and Safety Code Section 6486
At its first meeting, or as soon thereafter as may be practicable, the board shall choose one of its members as president, and shall appoint...
- California Health and Safety Code Section 6487
All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the district by its president, and countersigned by its secretary,...
- California Health and Safety Code Section 6488
The board shall hold such meetings, either in the day or in the evening, as may be convenient. In case of the absence or inability...
- California Health and Safety Code Section 6489
(a) Subject to subdivision (b), each of the members of the board shall receive compensation in an amount not to exceed one hundred dollars ($100)...
- California Health and Safety Code Section 6490
(a) A general regulation of the board shall be entered in its minutes, and shall be published once in a newspaper published in the district,...
- California Health and Safety Code Section 6491
Unless otherwise provided by this part, orders not establishing a general regulation need not be published or posted, but shall be entered in the minutes...
- California Health and Safety Code Section 6491.1
The district board may, by general regulation, adopt codes or specifications controlling the manner of construction, repair, maintenance and operation of facilities referred to in...
- California Health and Safety Code Section 6491.2
The district board may, by general regulation, adopt a code by reference in the same manner as legislative bodies of local agencies are authorized to...
- California Health and Safety Code Section 6491.3
Ordinances of the district may be enacted in the same manner as general regulations of the board and shall have the same force and effect...
- California Health and Safety Code Section 6491.5
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- California Health and Safety Code Section 6492
The board may instruct the district attorney of the county to commence and prosecute any or all actions and proceedings necessary or proper to enforce...
- California Health and Safety Code Section 6492.5
The board may provide, by resolution, that the health officer of the county in which the district is situated shall be the health officer of...
- California Health and Safety Code Section 6493
The board may at any time employ special counsel for any purpose.
- California Health and Safety Code Section 6494
There shall be an election for assessor in each even-numbered year in which members of the board are elected, and at the same time, place,...
- California Health and Safety Code Section 6495
The assessor's duties are fixed by this part and he shall perform such other duties as are ordered or required by the board.
- California Health and Safety Code Section 6496
The assessor shall receive such compensation as shall be fixed by the board.
- California Health and Safety Code Section 6497
(1) The sanitary board of sanitary districts may classify all the places of employment in or under the district, and in or under all the...
- California Health and Safety Code Section 6499
Any county officer required to act as an officer of the district and perform services for the district by virtue of his office, or any...
- California Health and Safety Code Section 6500
If a district has a boundary which is contiguous to the boundary of a city and the district has a contract with that city under...
- California Health and Safety Code Section 6501
By resolution, the board may change the name of the district. Any name resulting from a change shall include the words "Sanitary District" or shall...
- California Health and Safety Code Section 6510
A district may use a seal, alterable at the pleasure of the board.
- California Health and Safety Code Section 6511
It may sue and be sued by its name.
- California Health and Safety Code Section 6512
(a) A district may acquire, plan, construct, reconstruct, alter, enlarge, lay, renew, replace, maintain, and operate garbage dumpsites and garbage collection and disposal systems, sewers,...
- California Health and Safety Code Section 6512.5
Notwithstanding any other provision of law, for the purpose of furnishing water in the district for any present or future beneficial use, the Winton Sanitary...
- California Health and Safety Code Section 6512.6
Notwithstanding any other provision of law, for the purpose of furnishing water in the district for any present or future beneficial use, the Lost Hills...
- California Health and Safety Code Section 6512.7
(a) Notwithstanding Section 6512 and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government...
- California Health and Safety Code Section 6513
It may permit the use of any property of the district by any county or municipality, or any other district or governmental agency.
- California Health and Safety Code Section 6514
It may, for the purposes specified in this part, acquire by purchase, gift, devise, condemnation proceedings, or otherwise, such real and personal property and rights...
- California Health and Safety Code Section 6514.1
(a) A district may lease, for a term not exceeding 99 years, subject to periodic review, district property that will not be needed for district...
- California Health and Safety Code Section 6515
It may make and accept contracts, deeds, releases, and documents that, in the judgment of the board, are necessary or proper in the exercise of...
- California Health and Safety Code Section 6516
It may pay lawful claims and demands against it.
- California Health and Safety Code Section 6517
It may employ and pay necessary agents and assistants.
- California Health and Safety Code Section 6518
It may lay its sewers and drains in any public street or road in the county, and for this purpose enter upon it and make...
- California Health and Safety Code Section 6518.5
It may collect waste and garbage.
- California Health and Safety Code Section 6519
It may call and conduct all necessary or proper elections.
- California Health and Safety Code Section 6520
It may compel all residents and property owners in the district to connect their houses and habitations and structures requiring sewerage or drainage disposal service...
- California Health and Safety Code Section 6520.1
It may prohibit any resident or property owner in the district from connecting any house, habitation, or structure requiring sewerage or drainage disposal service to...
- California Health and Safety Code Section 6520.2
It may require any resident or property owner in the district who desires to have any house, habitation, or structure connected to a sewer or...
- California Health and Safety Code Section 6520.3
Any sanitary district and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or...
- California Health and Safety Code Section 6520.5
It may, by an order approved by a two-thirds vote of the members of the board, prescribe, revise and collect, fees, tolls, rates, rentals, or...
- California Health and Safety Code Section 6520.6
The district board may, by resolution, abandon action for the collection of any district tax assessment, connection charge, service charge, penalty, cost, fee, assessment, fine,...
- California Health and Safety Code Section 6520.7
It may sell, or otherwise dispose of, any water, sewage effluent, fertilizer, or other byproduct resulting from the operation of a sewerage system, sewage disposal...
- California Health and Safety Code Section 6520.9
It may construct, maintain, and operate such pipelines or other works as may be necessary to conserve and put to beneficial use any water or...
- California Health and Safety Code Section 6520.10
On or before August 10, the board may certify to the board of supervisors and county auditor a statement of any delinquent and unpaid charges...
- California Health and Safety Code Section 6520.11
A district shall notify the assessee shown on the latest equalized assessment roll whenever delinquent and unpaid charges for sewer and other services, or either,...
- California Health and Safety Code Section 6520.12
In the event any charges for sewer and other services, or either, remain unpaid the amount of the unpaid charges may in the discretion of...
- California Health and Safety Code Section 6521
It may make and enforce all necessary and proper regulations for: (a) The removal of garbage. (b) The cleanliness of the roads and streets of...
- California Health and Safety Code Section 6521.5
Any district may exercise the power granted to sanitation districts by Section 4765 of this code.
- California Health and Safety Code Section 6522
It may do any act necessary or proper to the complete exercise and effect of any of its powers, or for the purposes for which...
- California Health and Safety Code Section 6522.1
No regulation or ordinance of a district which regulates or prescribes standards for the installation of plumbing inside of buildings and structures, shall be effective...
- California Health and Safety Code Section 6523
A violation of a regulation or ordinance of a district is a misdemeanor punishable by imprisonment in the county jail not to exceed 30 days,...
- California Health and Safety Code Section 6523.1
It may borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations whether heretofore or hereafter incurred; and also refund...
- California Health and Safety Code Section 6523.2
In order to effect its powers, it may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities...
- California Health and Safety Code Section 6523.3
In order to enforce the provisions of any ordinance of the district, the district may correct any violation of an ordinance of the district. The...
- California Health and Safety Code Section 6524
Any district organized under the provisions of this act may become a part of a county sanitation district after the board of supervisors of the...
- California Health and Safety Code Section 6525
A sanitary district which becomes a part of a county sanitation district as hereinabove provided for is not thereby dissolved, but may continue to function,...
- California Health and Safety Code Section 6526
When a sanitary district is not included in a county sanitation district at the time of formation of the latter, it may subsequently become included...
- California Health and Safety Code Section 6527
Following the formation of such county sanitation district it shall have no jurisdiction within such sanitary district until the legislative body of such sanitary district...
- California Health and Safety Code Section 6528
Copies of the resolutions herein mentioned, duly certified by the clerk or secretary of the respective legislative bodies, shall be filed with the county clerk,...
- California Health and Safety Code Section 6529
Nothing herein shall prevent any territory within a county sanitation district from being formed into or annexed to any sanitary district, and such territory shall...
- California Health and Safety Code Section 6530
At any time after the sewer or other sanitary system is constructed the governing body of any city lying within the limits of the district...
- California Health and Safety Code Section 6530.1
Whenever any portion of a district has been included within a city by annexation, incorporation, or otherwise, the governing body of such city may elect,...
- California Health and Safety Code Section 6531
Where an entire district shall have heretofore become located within the boundaries of a city by reason of the incorporation thereof, and said district shall...
- California Health and Safety Code Section 6540
The governing board may order the construction of sewers, drains, septic tanks, and sewerage collection, outfall, treatment works and other sanitary disposal systems, and storm...
- California Health and Safety Code Section 6541
The Improvement Act of 1911, the Improvement Bond Act of 1915, and the Municipal Improvement Act of 1913 are applicable to districts.
- California Health and Safety Code Section 6542
In the application of those acts to proceedings under this article the terms used in those acts shall have the following meanings: (a) "City council"...
- California Health and Safety Code Section 6543
The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards,...
- California Health and Safety Code Section 6544
The improvements authorized to be constructed or acquired by this article are restricted to those permitted to be constructed or acquired by such districts under...
- California Health and Safety Code Section 6550.1
An improvement district may be formed to undertake any project for any one or more of the purposes stated in Section 6512 that is of...
- California Health and Safety Code Section 6550.2
The formation of an improvement district shall be initiated by a resolution of the district board which shall contain all of the following: (a) A...
- California Health and Safety Code Section 6550.3
The secretary shall give notice of the time and place of the hearing by causing a copy of the resolution adopted pursuant to Section 6550.2...
- California Health and Safety Code Section 6550.4
The hearing on the proposed improvement district shall be held by the board of directors upon the date and at the time specified in the...
- California Health and Safety Code Section 6550.5
The district board shall have power to change the boundaries of the proposed improvement district, the project to be undertaken, the estimate of the cost...
- California Health and Safety Code Section 6550.6
If the district board proposes to change the boundaries of the proposed improvement district by adding territory thereto, the project, the estimate of cost, or...
- California Health and Safety Code Section 6550.7
If prior to the conclusion of the hearing written protests against the formation of the proposed improvement district or the proposed project signed by the...
- California Health and Safety Code Section 6550.8
At the conclusion of the hearing, if the proceedings are not terminated pursuant to Section 6550.7, the district board shall by resolution determine whether it...
- California Health and Safety Code Section 6550.9
When the district board has made its determinations as provided in Section 6550.8, and if the board deems it necessary to incur a bonded indebtedness...
- California Health and Safety Code Section 6550.10
Except as otherwise provided in this article, notice of the election shall be given and the election shall be held and conducted in the same...
- California Health and Safety Code Section 6550.11
No irregularities or informalities in conducting such election shall invalidate the same, if the election shall have otherwise been fairly conducted. Any action or proceedings,...
- California Health and Safety Code Section 6550.12
Any moneys required to be raised from taxes for the purpose of paying the principal of and interest on bonds of the district for an...
- California Health and Safety Code Section 6550.13
Subject to such limitations as may be contained in the resolution declaring the improvement district to be formed, the district board shall have the power...
- California Health and Safety Code Section 6550.14
The procedure for levying and collecting taxes in any improvement district shall be the same as is provided in Chapter 7 (commencing at Section 6695)...
- California Health and Safety Code Section 6550.15
All taxes collected pursuant to this article shall be expended only for the payment of bond principal and interest, or only for the improvement district...
- California Health and Safety Code Section 6550.16
For the purpose of any tax levied under this article, the properties within any improvement district shall be deemed to be equally benefited.
- California Health and Safety Code Section 6550.17
Territory within a district, but not a part of an improvement district created pursuant to this article, may be annexed to such improvement district whether...
- California Health and Safety Code Section 6550.18
Annexation of territory to an improvement district shall be initiated by a resolution of the district board which shall contain at least all of the...
- California Health and Safety Code Section 6550.19
The resolution shall be published and notice of the hearing on the proposed annexation shall be given, in the manner required by Section 6550.3, except...
- California Health and Safety Code Section 6550.20
The hearing on the proposed annexation shall be held in the manner required by Section 6550.4, except that in applying such section the words, "improvement...
- California Health and Safety Code Section 6550.21
The district board shall have the power to change the boundaries of territory proposed to be annexed to an improvement district, but shall not include...
- California Health and Safety Code Section 6550.22
If the district board proposes to change the boundaries of the territory proposed to be annexed by adding territory thereto, it shall give notice thereof...
- California Health and Safety Code Section 6550.23
At the conclusion of the hearing, the district board may, by resolution, order the annexation to the improvement district of such territory as it determines...
- California Health and Safety Code Section 6550.24
If all the owners of land within the territory proposed to be annexed have given their written assent to such annexation, the board may, by...
- California Health and Safety Code Section 6550.25
After the adoption of a resolution ordering such annexation, or a resolution confirming an order of annexation following an election thereon, the secretary shall file...
- California Health and Safety Code Section 6550.26
Territory annexed to an improvement district shall be subject to existing bond issues and indebtedness of the improvement district from and after the filing with...
- California Health and Safety Code Section 6560
The election on the question of formation of a district shall be conducted as nearly as practicable in accordance with the Uniform District Election Law....
- California Health and Safety Code Section 6561
Every voter resident within the district or a proposed district for the period requisite to enable him to vote at a general election, is entitled...
- California Health and Safety Code Section 6562
At an annexation election every qualified voter resident in the territory proposed to be annexed for the length of time necessary to enable him to...
- California Health and Safety Code Section 6563
At district elections the last great register of the county shall be used, and any person otherwise entitled to vote whose name is not upon...
- California Health and Safety Code Section 6580
Except as provided in Sections 6580.1 and 6580.2, all elections of officers after the formation of the district, which elections shall be known as "general...
- California Health and Safety Code Section 6580.1
The election of officers may be consolidated with the direct primary election if the board of directors passes a resolution to that effect on or...
- California Health and Safety Code Section 6580.2
An officer elected or appointed pursuant to Section 6580.1 shall hold office until the election or appointment and qualification of his or her successor. A...
- California Health and Safety Code Section 6585
The nominating petition may be upon one or more sheets of paper. Each petition shall contain the name of only one candidate who shall be...
- California Health and Safety Code Section 6590
Notwithstanding any other provision of law, this article shall apply only to the Central Contra Costa Sanitary District.
- California Health and Safety Code Section 6591
(a) In the case of an elected district board, the directors may be elected by divisions if a majority of the voters voting upon the...
- California Health and Safety Code Section 6592
In the case of a district board elected by election divisions, the district board shall adjust the boundaries of the election divisions before November 1...
- California Health and Safety Code Section 6593
(a) Before circulating any petition pursuant to Section 6591, the chief petitioners shall publish a notice of intention which shall include a written statement not...
- California Health and Safety Code Section 6594
(a) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the format of the petition. (b) A petition...
- California Health and Safety Code Section 6595
(a) Within 30 days after the date of filing a petition, the secretary of the district board shall cause the petition to be examined and...
- California Health and Safety Code Section 6610
Notice of bond elections shall be given by posting notices, signed by not less than a majority of the board, in three public places in...
- California Health and Safety Code Section 6611
The notice shall contain: (a) Time and place of holding the election. (b) The names of the officers of election appointed to conduct it. (c)...
- California Health and Safety Code Section 6612
The vote shall be by ballot, without reference to the general law in regard to form of ballot. The ballot shall contain the words "Bonds--Yes"...
- California Health and Safety Code Section 6613
After the votes have been announced the ballots shall be sealed and delivered to the secretary or president of the board, which board shall on...
- California Health and Safety Code Section 6640
A district may issue bonds as provided in this part.
- California Health and Safety Code Section 6641
A district may issue bonds to raise money for any of the purposes stated in Section 6512 hereof.
- California Health and Safety Code Section 6642
By order entered in its minutes, when in its judgment it is advisable, the board may and shall, upon a petition of a majority of...
- California Health and Safety Code Section 6643
The order calling the election may submit as one proposal the question of issuing bonds to make all of the outlays, or so many of...
- California Health and Safety Code Section 6644
If, at the election, two-thirds of the votes cast are in favor of the issuance of bonds, the board may issue and dispose of the...
- California Health and Safety Code Section 6645
Bonds issued by the district under the provisions of this part shall be of such denomination or denominations as the board determines.
- California Health and Safety Code Section 6646
The bonds shall be payable in lawful money of the United States at the office of the treasurer and bear interest at a rate not...
- California Health and Safety Code Section 6647
No bonds shall be payable in installments, but each shall be payable in full on the date specified therein by the board, which need not...
- California Health and Safety Code Section 6648
Each bond shall be signed by the president and countersigned by the secretary. The bonds shall be numbered consecutively, beginning with number one, and shall...
- California Health and Safety Code Section 6649
The bonds shall be sold by the board in such manner and in such quantities as may be determined by it in its discretion but...
- California Health and Safety Code Section 6650
The term of bonds issued shall not exceed forty years.
- California Health and Safety Code Section 6651
The outstanding bonds of the district shall not at any one time exceed 15 percent of the assessed value of the real and personal property...
- California Health and Safety Code Section 6653
An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2...
- California Health and Safety Code Section 6654
(1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance...
- California Health and Safety Code Section 6655
In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with...
- California Health and Safety Code Section 6660
At any time after the annexation of territory, the board may issue bonds to raise money for any of the purposes stated in Section 6512...
- California Health and Safety Code Section 6661
The provisions of this part with reference to bonds in annexed territory do not limit the powers or alter the procedure provided for the issuance...
- California Health and Safety Code Section 6670.1
Bonds of the district for the purpose of providing funds for the construction of a larger main sewer or a different system shall be authorized...
- California Health and Safety Code Section 6680
After a district organized under the Sanitary District Act of 1891, or Chapter 161, Statutes of 1891, has been reorganized under this part the entire...
- California Health and Safety Code Section 6681
The new bonds shall be payable as nearly as practicable at the same time as the installments on the old bonds and in equal amounts....
- California Health and Safety Code Section 6682
The expenses of the exchange shall be borne by the holder of the bonds presented for exchange.
- California Health and Safety Code Section 6683
After the exchange the old bonds shall be canceled by punching holes in the signatures, and shall be retained by the county treasurer.
- California Health and Safety Code Section 6690
The board may cause refunding bonds to be issued for the purpose of refunding any or all outstanding bonds of the district.
- California Health and Safety Code Section 6691
Refunding bonds shall be issued and delivered only when the bonds to be refunded have matured or are about to mature or are subject to...
- California Health and Safety Code Section 6692
Except as otherwise provided in this article, refunding bonds shall be issued in substantially the manner and form prescribed for the issuance of other bonds...
- California Health and Safety Code Section 6693
The board desiring to refund any of its bonds may formulate a proposed plan for that purpose and shall call an election for the purpose...
- California Health and Safety Code Section 6694
Only a majority vote shall be required to authorize the issuance of refunding bonds.
- California Health and Safety Code Section 6694.1
The maturity date of refunding bonds shall be fixed by the board but in no case shall the maturity of any such bonds be more...
- California Health and Safety Code Section 6694.2
The rate of interest on refunding bonds shall not exceed 8 percent per annum payable semiannually.
- California Health and Safety Code Section 6694.3
Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of the bonds to be refunded thereby and in...
- California Health and Safety Code Section 6695
(a) Except as otherwise provided in this part, no more than sixty cents ($0.60) on each one hundred dollars ($100) assessed valuation shall be levied...
- California Health and Safety Code Section 6696
The board may prescribe the time and manner of assessing, levying, and collecting taxes for district purposes, except as otherwise provided in this part.
- California Health and Safety Code Section 6697
District taxes may be assessed, levied, and collected for any or all of the following purposes: (a) To pay the principal and interest of the...
- California Health and Safety Code Section 6698
The board shall annually levy a tax upon the taxable property in the district sufficient to pay the interest on bonds for the year, and...
- California Health and Safety Code Section 6699
If any portion of the interest or principal due for any year remains unpaid, it shall be added to the levy for the next year,...
- California Health and Safety Code Section 6700
The payment of the principal and interest of all bonds, within forty years from their issuance, is the obligation of the district; and, if necessary...
- California Health and Safety Code Section 6701
Taxes for the payment of the principal and interest of bonds of annexed territory shall be limited to the taxable property in the annexed territory.
- California Health and Safety Code Section 6715
Between the first Mondays in March and July annually the assessor shall assess all taxable property in the district to the persons by whom it...
- California Health and Safety Code Section 6716
No mistake in the name of the owner of any property, or any informality in the description or in other parts of the assessment, shall...
- California Health and Safety Code Section 6717
The assessor shall verify his assessment roll, and shall deposit it with the board on the first Monday in July in each year, or as...
- California Health and Safety Code Section 6718
All the provisions of law relating to assessment of property by county assessor shall, so far as applicable, apply to and govern the acts of...
- California Health and Safety Code Section 6730
Annually, on the first Monday of July at seven thirty p.m. the board shall meet as a board of equalization.
- California Health and Safety Code Section 6731
If the district assessor has returned the assessment roll for the year the board shall proceed to equalize the assessments.
- California Health and Safety Code Section 6732
If the assessment roll has not been returned by the district assessor the board shall adjourn from time to time until the roll has been...
- California Health and Safety Code Section 6733
When the assessment roll is returned by the district assessor, the board shall equalize the assessments, and the board shall continue in session as a...
- California Health and Safety Code Section 6734
The board may hear complaints as to the proceedings of the district assessor and adjudicate and determine the controversy. It may of its own motion...
- California Health and Safety Code Section 6745
After the equalization of the assessments has been completed, the board shall, by resolution, fix the rate of taxation for district purposes, designating the number...
- California Health and Safety Code Section 6746
After the entry in the minutes of the resolution fixing the rate of the tax the board shall cause the district assessor to compute the...
- California Health and Safety Code Section 6747
When completed, the roll shall be verified by the district assessor and signed by the president and secretary. The amount of the tax then is...
- California Health and Safety Code Section 6760
As soon as practicable, but not later than the third Monday in August, after the taxes have been computed and extended on the assessment roll,...
- California Health and Safety Code Section 6761
The tax collector shall collect the taxes shown to be due, in the same manner as he collects the county taxes.
- California Health and Safety Code Section 6762
All the provisions of the laws of the state as to the collection of taxes and delinquent taxes, and the enforcement of their payment, so...
- California Health and Safety Code Section 6763
The board may direct the district attorney of the county to commence and prosecute suits for the collection of the whole or any portion of...
- California Health and Safety Code Section 6764
All money collected for district purposes by the district attorney under this part shall be at once paid to the treasurer.
- California Health and Safety Code Section 6765
The board may at any time, by order entered in its minutes, provide a system for the collection of delinquent taxes, or make any change...
- California Health and Safety Code Section 6766
The tax collector shall immediately pay to the treasurer all money collected by him for district purposes and the treasurer shall keep it in the...
- California Health and Safety Code Section 6767
The tax collector and the sureties on his official bond are responsible for the due performance of the duties imposed upon him by this part.
- California Health and Safety Code Section 6780
The board may elect to avail itself of the assessment made by the assessor of the county in which the district is situated, and may...
- California Health and Safety Code Section 6781
The board shall declare its election by resolution and shall file a certified copy with the auditor and the assessor of the county on or...
- California Health and Safety Code Section 6782
Following the board's election, the county auditor shall on or about the third Monday of August of each year transmit to the board a written...
- California Health and Safety Code Section 6783
The board shall, then, before September 1st, estimate the amount of money needed and fix the rate of taxation for district purposes and for the...
- California Health and Safety Code Section 6784
The board shall designate the number of cents on each one hundred dollars ($100) to be levied for each fund and the fund into which...
- California Health and Safety Code Section 6785
The board shall by September 1st of each year certify to the county auditor of the county in which the district is situated the rate...
- California Health and Safety Code Section 6786
The county auditor shall compute and enter in the county assessment roll the respective sums to be paid as a district tax on the property...
- California Health and Safety Code Section 6787
The taxes are a lien on all the property in the district, and the taxes, whether for the payment of a bonded indebtedness, or for...
- California Health and Safety Code Section 6789
Taxes for a district which is situated in more than one county and which has availed itself of the county assessor's roll pursuant to Sections...
- California Health and Safety Code Section 6790
In a fund called the "bond fund of sanitary district" (naming it) the treasurer shall keep the money levied by the board for that fund.
- California Health and Safety Code Section 6791
No part of the money in the bond fund may be transferred to any other fund or be used for any purpose other than the...
- California Health and Safety Code Section 6792
In a fund called the "running expense fund of ____ Sanitary District" (naming it) the treasurer shall place and keep the money levied by the...
- California Health and Safety Code Section 6793
The whole or any part of the money in the running expense fund shall be transferred to the bond fund, or to any other fund...
- California Health and Safety Code Section 6794
The treasurer shall pay out money of the district only upon the written order of the board, signed by the president and countersigned by the...
- California Health and Safety Code Section 6795
The treasurer shall keep the order as his voucher, and shall keep a specific account of receipts and disbursements for the district.
- California Health and Safety Code Section 6796
The proceeds of the sale of bonds shall be deposited with the treasurer and shall be by him placed in the fund to be called...
- California Health and Safety Code Section 6797
The money in the sewer construction fund shall be used for the purpose indicated in the order calling the election upon the question of the...
- California Health and Safety Code Section 6798
All fines for the violation of any regulation or order of the board shall, after the expenses of the prosecution are deducted, be paid to...
- California Health and Safety Code Section 6799
The county treasurer and sureties upon his official bond are liable for the due performance of the duties imposed upon him by this part.
- California Health and Safety Code Section 6800
Notwithstanding the provisions of any other section of this article, the board may, out of any surplus funds remaining in the bond fund, the running...
- California Health and Safety Code Section 6801
As an alternative to the functions of the treasurer, the district board may elect to disburse funds of the district. Such election shall be made...
- California Health and Safety Code Section 6805
All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 6810
A district organized under Chapter 161, Statutes of 1891, or under the Sanitary District Act of 1919 may be reorganized as a district under this
- California Health and Safety Code Section 6811
To effect the reorganization a petition, signed by not less than twenty-five residents and freeholders within the district, and also by a majority of the...
- California Health and Safety Code Section 6812
The petition shall be verified by at least one of the petitioners in the manner prescribed by law for the verification of pleadings, and shall...
- California Health and Safety Code Section 6813
The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation published in the county, together with...
- California Health and Safety Code Section 6814
At that time the board of supervisors shall hear the petition. The board of supervisors shall not modify the boundaries of the district as set...
- California Health and Safety Code Section 6815
If the board of supervisors finds, upon the final hearing of the petition, that the statements therein are correct the board shall make an order...
- California Health and Safety Code Section 6816
From and after the making of the order of reorganization by the board of supervisors, the district is organized under this part with all the...
- California Health and Safety Code Section 6817
A district reorganized under this part is for all purposes the district previously existing.
- California Health and Safety Code Section 6818
Reorganization shall not affect or impair the title to any property owned or held by or in trust for the district, or any debt, demand,...
- California Health and Safety Code Section 6819
Reorganization shall not operate to repeal or affect in any manner any ordinance previously passed or adopted and remaining unrepealed, or to discharge any person...
- California Health and Safety Code Section 6823
The district may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation,...
- California Health and Safety Code Section 6825
Any duty imposed by this part on any county officer shall be deemed imposed on the county officers of the respective counties in which is...
- California Health and Safety Code Section 6811
To effect the reorganization a petition, signed by not less than twenty-five residents and freeholders within the district, and also by a majority of the...
- California Health and Safety Code Section 6812
The petition shall be verified by at least one of the petitioners in the manner prescribed by law for the verification of pleadings, and shall...
- California Health and Safety Code Section 6813
The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation published in the county, together with...
- California Health and Safety Code Section 6814
At that time the board of supervisors shall hear the petition. The board of supervisors shall not modify the boundaries of the district as set...
- California Health and Safety Code Section 6815
If the board of supervisors finds, upon the final hearing of the petition, that the statements therein are correct the board shall make an order...
- California Health and Safety Code Section 6816
From and after the making of the order of reorganization by the board of supervisors, the district is organized under this part with all the...
- California Health and Safety Code Section 6817
A district reorganized under this part is for all purposes the district previously existing.
- California Health and Safety Code Section 6818
Reorganization shall not affect or impair the title to any property owned or held by or in trust for the district, or any debt, demand,...
- California Health and Safety Code Section 6819
Reorganization shall not operate to repeal or affect in any manner any ordinance previously passed or adopted and remaining unrepealed, or to discharge any person...
- California Health and Safety Code Section 6823
The district may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation,...
- California Health and Safety Code Section 6830
There may be annexed to a district any of the following territory which is in the same county as the district or which is within...
- California Health and Safety Code Section 6935
No right or obligation accrued by the formation, organization, reorganization or operation of a sanitary district pursuant to the provisions of Chapter 161 of the...
- California Health and Safety Code Section 6936
Pursuant to Section 1002 of the Elections Code, any election held under Chapter 161 of the Statutes of 1891 or the Sanitary District Act of...
- California Health and Safety Code Section 6940
Notwithstanding the provisions of Chapter 161 of the Statutes of 1891, or the provisions of the Sanitary District Act of 1919, as the provisions of...
- California Health and Safety Code Section 6940.3
The board shall declare its election by resolution and shall file a certified copy with the auditor and the assessor of the county on or...
- California Health and Safety Code Section 6940.6
Following the board's election, the county auditor shall on or about the third Monday in August of each year transmit to the board a written...
- California Health and Safety Code Section 6940.9
Before the first day of September the district board shall fix the rate of taxation for district purposes and for the payment of the principal...
- California Health and Safety Code Section 6941.3
The board shall designate the number of cents on each one hundred dollars ($100) to be levied for each fund and the fund into which...
- California Health and Safety Code Section 6941.6
The county auditor shall compute and enter in the county assessment roll the respective sums to be paid as a district tax on the property...
- California Health and Safety Code Section 6941.9
The taxes are a lien on all the property in the district, and the taxes, whether for the payment of a bonded indebtedness, or for...
- California Health and Safety Code Section 6950
"Board" or "board of directors" means the governing authority of a public agency.
- California Health and Safety Code Section 6951
"Public agency" means a city, a county, a special district, or any other political subdivision of the state which is otherwise authorized to acquire, construct,...
- California Health and Safety Code Section 6952
"On-site wastewater disposal system" means any of several works, facilities, devices, or other mechanisms used to collect, treat, recycle, or dispose of wastewater without the...
- California Health and Safety Code Section 6952.5
"Owner of real property" means any public agency owning land and any person shown as the owner of land on the last equalized assessment roll;...
- California Health and Safety Code Section 6953
"Zone" means an on-site wastewater disposal zone formed pursuant to this chapter.
- California Health and Safety Code Section 6954
"Real property" means both land and improvements to land which benefit, directly or indirectly from, or on behalf of, the activities of the zone.
- California Health and Safety Code Section 6955
Whenever the board of directors of a public agency deems it necessary to form an on-site wastewater disposal zone in all or a portion of...
- California Health and Safety Code Section 6955.1
A proposed zone shall contain at least 12 voters, as defined in Section 359 of the Elections Code. However, where there are fewer than 12...
- California Health and Safety Code Section 6956
The resolution of intention shall also state: (a) A description of the boundaries of the territory proposed to be included within the zone. The description...
- California Health and Safety Code Section 6956.5
The resolution of intention shall be filed for record in the office of the county recorder of the county in which all or the greater...
- California Health and Safety Code Section 6957
(a) A proposal to form a zone within a public agency may also be initiated by filing a petition with the board. Such a petition...
- California Health and Safety Code Section 6958
(a) Notice of the hearing shall be given by publishing a copy of the resolution of intention or the petition, pursuant to Section 6066 of...
- California Health and Safety Code Section 6959
The hearing by the board on the question of the formation of the proposed zone shall be commenced no less than 45 days nor more...
- California Health and Safety Code Section 6960
After receiving notice pursuant to subdivision (b) of Section 6958, a local health officer shall review the proposed formation and report his or her findings...
- California Health and Safety Code Section 6960.1
After receiving notice pursuant to subdivision (b) of Section 6958, the affected regional water quality control board shall review the proposed formation and report its...
- California Health and Safety Code Section 6960.2
The number, type, volume, and location of on-site wastewater disposal systems to be operated within the zone shall not exceed the number specified pursuant to...
- California Health and Safety Code Section 6960.3
The formation of an on-site wastewater disposal zone shall be subject to review and approval by a local agency formation commission which has adopted rules...
- California Health and Safety Code Section 6960.4
Prior to any decision on the question of the formation of the proposed zone, the board shall obtain approval for the proposed plan for wastewater...
- California Health and Safety Code Section 6961
At the time and place fixed in the resolution of intention or the petition, or at any time or place to which the hearing is...
- California Health and Safety Code Section 6962
At the hearing the board shall also hear and receive any oral or written protests, objections, or evidence which shall be made, presented, or filed....
- California Health and Safety Code Section 6963
At the close of the hearing the board shall find and declare by resolution that written protests, filed and not withdrawn prior to the conclusion...
- California Health and Safety Code Section 6964
If the number of written protests filed and not withdrawn is the number described in subdivision (c) of Section 6963, the board shall abandon any...
- California Health and Safety Code Section 6965
If the number of written protests filed and not withdrawn is the number described in subdivision (a) of Section 6963, the board shall find and...
- California Health and Safety Code Section 6966
The board may order the formation of the zone either without election or subject to confirmation by the voters within the zone upon the question...
- California Health and Safety Code Section 6967
If the board does not order the formation of the proposed zone, an election on the question shall be conducted if, within 30 days of...
- California Health and Safety Code Section 6968
Any election conducted pursuant to the provisions of this chapter shall be conducted pursuant to the provisions of law pertaining to regular or special elections...
- California Health and Safety Code Section 6969
After the canvass of returns of any election on the question of forming a proposed zone, the board shall adopt a resolution ordering the formation...
- California Health and Safety Code Section 6970
No public agency shall form a zone which includes any territory already included within another zone.
- California Health and Safety Code Section 6971
No public agency shall form a zone if such formation will permit other land uses which are not consistent with the general plans, zoning ordinances,...
- California Health and Safety Code Section 6972
After the formation of the zone pursuant to this article, all taxes levied to carry out the purposes of the zone shall be levied exclusively...
- California Health and Safety Code Section 6973
If the board does not form a zone after the close of a hearing in accordance with Section 6967 and no petition is filed pursuant...
- California Health and Safety Code Section 6974
Territory within the public agency may be annexed to a zone, provided that such territory is not part of another zone. The requirements and proceedings...
- California Health and Safety Code Section 6974.5
Land already a part of a zone may be detached if the board finds and determines, following notice and hearing in the same manner provided...
- California Health and Safety Code Section 6975
An on-site wastewater disposal zone may be formed to achieve water quality objectives set by regional water quality control boards, to protect existing and future...
- California Health and Safety Code Section 6976
An on-site waste water disposal zone shall have the following powers: (a) To collect, treat, reclaim, or dispose of waste water without the use of...
- California Health and Safety Code Section 6977
The public agency shall do all such acts as are reasonably necessary to secure compliance with any federal, state, regional, or local law, order, regulation,...
- California Health and Safety Code Section 6978
(a) Violation of any of the provisions of a rule or regulation adopted pursuant to subdivision (d) of Section 6976 may be abated as a...
- California Health and Safety Code Section 6979
(a) The owner of any real property upon which is located an on-site wastewater disposal system, which system is subject to abatement as a public...
- California Health and Safety Code Section 6980
A board may exercise all of the public agency's existing financial powers on behalf of a zone, excepting that any assessment or tax levied upon...
- California Health and Safety Code Section 6981
Notwithstanding any other provision of law, a public agency may levy an assessment reasonably proportional to the benefits derived from the zone, as determined by...
- California Health and Safety Code Section 6982
(a) Notwithstanding Section 6952, the West Bay Sanitary District may use the procedures in this chapter to provide alternative or innovative wastewater technologies in the...
- California Health and Safety Code Section 7000
The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) and Division 102 (commencing with Section 102100) of this code,...
- California Health and Safety Code Section 7001
"Human remains" or "remains" means the body of a deceased person, regardless of its stage of decomposition, and cremated remains.
- California Health and Safety Code Section 7002
"Cremated remains" means the ashes and bone fragments of a human body that are left after cremation in a crematory, and includes ashes from the...
- California Health and Safety Code Section 7003
"Cemetery" means either of the following: (a) Any of the following that is used or intended to be used and dedicated for cemetery purposes: (1)...
- California Health and Safety Code Section 7004
"Burial park" means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for...
- California Health and Safety Code Section 7005
Except in Part 5 (commencing with Section 9501) of Division 8, "mausoleum" means a structure or building for the entombment of human remains in crypts...
- California Health and Safety Code Section 7006
"Crematory" means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains.
- California Health and Safety Code Section 7006.3
"Cremation chamber" means the enclosed space within which the cremation of human remains is performed.
- California Health and Safety Code Section 7006.5
"Cremation container" means a combustible, closed container resistant to leakage of bodily fluids into which the body of a deceased person is placed prior to...
- California Health and Safety Code Section 7006.7
"Cremated remains container" means a receptacle in which cremated remains are placed after cremation.
- California Health and Safety Code Section 7007
Except in Part 5 (commencing with Section 9501) of Division 8, "columbarium" means a structure, room, or other space in a building or structure containing...
- California Health and Safety Code Section 7008
"Crematory and columbarium" means a building or structure containing both a crematory and columbarium.
- California Health and Safety Code Section 7009
"Interment" means the disposition of human remains by entombment or burial in a cemetery or, in the case of cremated remains, by inurnment, placement or...
- California Health and Safety Code Section 7010
"Cremation" means the process by which the following three steps are taken: (a) The reduction of the body of a deceased human to its essential...
- California Health and Safety Code Section 7010.3
"Processing" means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains by mechanical means including,...
- California Health and Safety Code Section 7010.5
"Residue" means human ashes, bone fragments, prostheses, and disintegrated material from the chamber itself, imbedded in cracks and uneven spaces of a cremation chamber, that...
- California Health and Safety Code Section 7010.7
"Scattering" means the authorized dispersal of cremated remains at sea, in other areas of the state, or commingling in a defined area within a dedicated...
- California Health and Safety Code Section 7011
"Inurnment" means placing cremated remains in a cremated remains container suitable for placement, burial, or shipment.
- California Health and Safety Code Section 7011.2
"Placement" means the placing of a container holding cremated remains in a crypt, vault, or niche.
- California Health and Safety Code Section 7012
"Entombment" means the process of placing human remains in a crypt or vault.
- California Health and Safety Code Section 7013
"Burial" means the process of placing human remains in a grave.
- California Health and Safety Code Section 7014
"Grave" means a space of earth in a burial park, used, or intended to be used, for the disposition of human remains.
- California Health and Safety Code Section 7015
"Crypt" or "vault" means a space in a mausoleum of sufficient size, used or intended to be used, to entomb uncremated human remains.
- California Health and Safety Code Section 7016
"Niche" means a space in a columbarium used, or intended to be used, for the placement of cremated human remains.
- California Health and Safety Code Section 7018
"Cemetery authority" includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or property.
- California Health and Safety Code Section 7019
"Cemetery corporation," "cemetery association," or "cemetery corporation or association," means any corporation now or hereafter organized which is or may be authorized by its articles...
- California Health and Safety Code Section 7020
"Cemetery business," "cemetery businesses," and "cemetery purposes" are used interchangeably and mean any and all business and purposes requisite to, necessary for, or incident to,...
- California Health and Safety Code Section 7021
"Directors" or "governing body" means the board of directors, board of trustees, or other policymaking body of a cemetery association.
- California Health and Safety Code Section 7022
"Lot," "plot," or "interment plot" means space in a cemetery, used or intended to be used for the interment of human remains. Such terms include...
- California Health and Safety Code Section 7023
"Plot owner," "owner," or "lot proprietor," means any person in whose name an interment plot stands of record as owner, in the office of a...
- California Health and Safety Code Section 7024
"Permit for Disposition of Human Remains" includes "burial permit" and is a permit, issued pursuant to law, for the interment, disinterment, removal, reinterment or transportation...
- California Health and Safety Code Section 7025
"Disposition" means the interment of human remains within California, or the shipment outside of California, for lawful interment or scattering elsewhere, including release of remains...
- California Health and Safety Code Section 7050.5
(a) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated...
- California Health and Safety Code Section 7051
Every person who removes any part of any human remains from any place where it has been interred, or from any place where it is...
- California Health and Safety Code Section 7051.5
Every person who removes or possesses dental gold or silver, jewelry, or mementos from any human remains without specific written permission of the person or...
- California Health and Safety Code Section 7052
(a) Every person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact...
- California Health and Safety Code Section 7052.5
Notwithstanding the provisions of Section 7052, cremated remains may be removed from the place of interment for disposition as provided in Section 7054.6 or for...
- California Health and Safety Code Section 7053
Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge,...
- California Health and Safety Code Section 7054
(a) (1) Except as authorized pursuant to the sections referred to in subdivision (b), every person who deposits or disposes of any human remains in...
- California Health and Safety Code Section 7054.1
No cremated remains shall be removed from the place of cremation, nor shall there be any charge for the cremation, unless the cremated remains have...
- California Health and Safety Code Section 7054.3
Notwithstanding any other provision of law, a recognizable dead human fetus of less than 20 weeks uterogestation not disposed of by interment shall be disposed...
- California Health and Safety Code Section 7054.4
Notwithstanding any other provision of law, recognizable anatomical parts, human tissues, anatomical human remains, or infectious waste following conclusion of scientific use shall be disposed...
- California Health and Safety Code Section 7054.6
(a) Except as provided in subdivision (b), cremated remains may be removed in a durable container from the place of cremation or interment and kept...
- California Health and Safety Code Section 7054.7
(a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall: (1) Cremate the remains...
- California Health and Safety Code Section 7055
(a) Every person, who for himself or herself or for another person, inters or incinerates a body or permits the same to be done, or...
- California Health and Safety Code Section 7100
(a) The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods...
- California Health and Safety Code Section 7100.1
(a) A decedent, prior to death, may direct, in writing, the disposition of his or her remains and specify funeral goods and services to be...
- California Health and Safety Code Section 7101
When any decedent leaves an estate in this state, the reasonable cost of interment and an interment plot of sufficient size to constitute a family...
- California Health and Safety Code Section 7102
When a person is charged by law with the duty of interment he is entitled to the custody of the remains for the purpose of...
- California Health and Safety Code Section 7103
(a) Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty...
- California Health and Safety Code Section 7104
(a) When no provision is made by the decedent, or where the estate is insufficient to provide for interment and the duty of interment does...
- California Health and Safety Code Section 7104.1
If, within 30 days after the coroner notifies or diligently attempts to notify the person responsible for the interment of a decedent's remains which are...
- California Health and Safety Code Section 7105
(a) If the person or persons listed in paragraphs (1), (3), (4), (5), and (6) of subdivision (a) of Section 7100 that would otherwise have...
- California Health and Safety Code Section 7106
A cemetery authority may seek an order providing for the interment of the remains of one or more decedents. Where a proceeding is commenced involving...
- California Health and Safety Code Section 7107
Notice of the time and place of the hearing on the petition shall be given as the court may direct. Upon the hearing the court...
- California Health and Safety Code Section 7108
If the coroner is directed to make such interment he shall make it in the manner provided by law for the interment of the indigent
- California Health and Safety Code Section 7109
The court shall allow costs and reasonable attorney's fees to a prevailing plaintiff against all defendants, other than the coroner.
- California Health and Safety Code Section 7110
Any person signing any authorization for the interment or cremation of any remains warrants the truthfulness of any fact set forth in the authorization, the...
- California Health and Safety Code Section 7111
A cemetery authority or crematory may make an interment or cremation of any remains upon the receipt of a written authorization of a person representing...
- California Health and Safety Code Section 7112
No action shall lie against any cemetery authority relating to the cremated remains of any person which have been left in its possession for a...
- California Health and Safety Code Section 7113
A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist, and a physician may perform, an...
- California Health and Safety Code Section 7114
Any person who performs, permits or assists at, an autopsy on a dead body without having first obtained (a) the authorization of the deceased in...
- California Health and Safety Code Section 7116
Cremated remains may be scattered in areas where no local prohibition exists, provided that the cremated remains are not distinguishable to the public, are not...
- California Health and Safety Code Section 7117
(a) Cremated remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains shall be...
- California Health and Safety Code Section 7158
(a) The Controller shall prepare, or cause to be prepared, an organ donor information brochure for insertion in all payroll warrants issued by the Controller...
- California Health and Safety Code Section 7158.1
(a) As a part of its ongoing audit and review process, the Licensing and Certification Division of the State Department of Health Services shall audit...
- California Health and Safety Code Section 7158.2
Every health care service plan contract that is issued, amended, delivered, or renewed on or after July 1, 1999, shall provide, upon enrollment and annually...
- California Health and Safety Code Section 7158.3
(a) The following definitions shall apply for purposes of this section: (1) "Cosmetic surgery" means surgery that is performed to alter or reshape normal structures...
- California Health and Safety Code Section 7150
This chapter shall be known, and may be cited, as the Uniform Anatomical Gift Act.
- California Health and Safety Code Section 7150.10
(a) As used in this chapter, the following terms have the following meanings: (1) "Adult" means an individual who is at least 18 years of...
- California Health and Safety Code Section 7150.15
Subject to Section 7150.35, an anatomical gift of a donor' s body or part may be made during the life of the donor for the...
- California Health and Safety Code Section 7150.20
(a) A donor may make an anatomical gift through any of the following: (1) By authorizing a statement or symbol indicating that the donor has...
- California Health and Safety Code Section 7150.25
(a) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under Section 7150.15 may amend or revoke an anatomical...
- California Health and Safety Code Section 7150.30
(a) An individual may refuse to make an anatomical gift of the individual's body or part by any of the following: (1) A record signed...
- California Health and Safety Code Section 7150.35
(a) Except as otherwise provided in subdivision (g) and subject to subdivision (f), in the absence of an express, contrary indication by the donor, a...
- California Health and Safety Code Section 7150.40
(a) Subject to subdivisions (b) and (c), and unless barred by Section 7150.30 or 7150.35, an anatomical gift of a decedent's body or part for...
- California Health and Safety Code Section 7150.45
(a) A person authorized to make an anatomical gift under Section 7150.40 may make an anatomical gift by a document of gift signed by the...
- California Health and Safety Code Section 7150.50
(a) An anatomical gift may be made to any of the following persons named in the document of gift: (1) A hospital, accredited medical school,...
- California Health and Safety Code Section 7150.55
(a) All of the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for...
- California Health and Safety Code Section 7150.60
(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person...
- California Health and Safety Code Section 7150.65
(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records...
- California Health and Safety Code Section 7150.70
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
- California Health and Safety Code Section 7150.75
(a) Except as otherwise provided in subdivision (b), a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy, if...
- California Health and Safety Code Section 7150.80
(a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith...
- California Health and Safety Code Section 7150.85
(a) A document of gift is valid if executed in accordance with any of the following: (1) This chapter. (2) The laws of the state...
- California Health and Safety Code Section 7150.90
(a) The California organ procurement organizations designated pursuant to Section 273 and following Title 42 of the United States Code, are hereby authorized to establish...
- California Health and Safety Code Section 7151.10
(a) As used in this section the following terms have the following meanings: (1) "Advance health care directive" means a power of attorney for health...
- California Health and Safety Code Section 7151.15
(a) A county coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or...
- California Health and Safety Code Section 7151.20
(a) On request from a qualified procurement organization, the county coroner may permit the removal of organs that constitute an anatomical gift from a decedent...
- California Health and Safety Code Section 7151.25
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject...
- California Health and Safety Code Section 7151.30
This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify,...
- California Health and Safety Code Section 7151.35
(a) No hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient's...
- California Health and Safety Code Section 7151.40
(a) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts...
- California Health and Safety Code Section 7152
This chapter shall be known, and may be cited, as the Altruistic Living Donor Registry Act of 2010.
- California Health and Safety Code Section 7152.1
(a) The Legislature finds and declares all of the following: (1) More than 20,000 Californians are currently waiting for a lifesaving organ transplant, and over...
- California Health and Safety Code Section 7152.2
(a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby authorized to...
- California Health and Safety Code Section 7160
(a) The State Department of Health Services shall consult with the Legislature on or before December 31, 1991, to evaluate and make recommendations to improve...
- California Health and Safety Code Section 7180
(a) An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire...
- California Health and Safety Code Section 7181
When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the...
- California Health and Safety Code Section 7182
When a part of the donor is used for direct transplantation pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150)) and...
- California Health and Safety Code Section 7183
Complete patient medical records required of a health facility pursuant to regulations adopted by the department in accordance with Section 1275 shall be kept, maintained,...
- California Health and Safety Code Section 7184
(a) Each general acute care hospital shall develop a protocol for identifying potential organ and tissue donors. The protocol shall require that any deceased individual's...
- California Health and Safety Code Section 7184.5
(a) In conjunction with entering into any agreement with any coroner or medical examiner for release and removal of organs from bodies within that official's...
- California Health and Safety Code Section 7200
Every head of a public institution, city or county undertaker, or state, county, or city officer having charge or control of remains to be interred...
- California Health and Safety Code Section 7201
The person in charge of a public institution in which the decedent was an inmate shall transmit upon request, to the state department or to...
- California Health and Safety Code Section 7202
The unclaimed dead retained by the State department for scientific or educational purposes shall be embalmed and disposed of in accordance with the instructions of...
- California Health and Safety Code Section 7203
The bodies of the unclaimed dead retained by the State department shall be used solely for the purpose of instruction and study in the promotion...
- California Health and Safety Code Section 7204
All persons receiving unclaimed dead for educational purposes shall bear all reasonable expense incurred in the preservation and transportation of the dead and shall keep...
- California Health and Safety Code Section 7205
It is unlawful for any person, unless specifically authorized by law, to hold a post mortem examination of any unclaimed dead without the express permission...
- California Health and Safety Code Section 7206
Any person authorized by law to perform post mortem examinations shall permit, with the consent of relatives, or in the absence of such relatives, with...
- California Health and Safety Code Section 7207
Whenever, through the failure of any person to notify the State department, or promptly to deliver the body of a deceased indigent as required by...
- California Health and Safety Code Section 7208
Every person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or who violates any provision of this chapter is guilty...
- California Health and Safety Code Section 7300
No person shall embalm the body of any person who has died from an unknown cause, except with the permission of the coroner.
- California Health and Safety Code Section 7301
No embalmer shall embalm a dead human body when he has information reasonably indicating crime in connection with the death until permission of the coroner...
- California Health and Safety Code Section 7302
Every funeral director and embalmer shall immediately report to the local health officer every contagious case on which the funeral director or embalmer may be
- California Health and Safety Code Section 7303
No embalmer shall embalm a dead human body when he has information reasonably indicating the death has occurred while the deceased was driving or riding...
- California Health and Safety Code Section 7304
No embalmer shall embalm a dead body without obtaining written or oral permission of a person who has the right to control the disposition of...
- California Health and Safety Code Section 7355
(a) Except as provided in subdivision (b), the bodies of persons who have died from any cause shall not be received for transportation by a...
- California Health and Safety Code Section 7500
No remains of any deceased person shall be removed from any cemetery, except upon written order of the health department having jurisdiction, or of the...
- California Health and Safety Code Section 7501
A cemetery authority shall not remove or permit the removal of any interred remains, unless a permit for the removal has been issued by the...
- California Health and Safety Code Section 7502
In the disinterment, transportation and removal of human remains under Chapter 4 of this part a cemetery authority need not obtain a separate permit for...
- California Health and Safety Code Section 7525
The remains of a deceased person may be removed from a plot in a cemetery with the consent of the cemetery authority and the written...
- California Health and Safety Code Section 7526
If the required consent can not be obtained, permission by the superior court of the county where the cemetery is situated is sufficient.
- California Health and Safety Code Section 7527
Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior...
- California Health and Safety Code Section 7528
This article does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal...
- California Health and Safety Code Section 7600
The governing body of any city having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance, and under...
- California Health and Safety Code Section section=hsc&group=00001-01000&
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- California Health and Safety Code Section 7700
The governing body of any city or city and county, having a population of more than one hundred thousand persons, may order the disinterment and...
- California Health and Safety Code Section 7701
The governing body of such city or city and county may in any ordinance ordering or directing the disinterment and removal of such remains prescribe...
- California Health and Safety Code Section 7725
The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with this chapter, may declare its...
- California Health and Safety Code Section 7726
Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority shall specify...
- California Health and Safety Code Section 7735
Notice of a declaration of intention to remove the human remains from all or any part of any cemetery shall be given by publication in...
- California Health and Safety Code Section 7736
The notice shall be entitled "Notice of Declaration of Intention to Remove Human Remains from ____ (insert name of cemetery) in accordance with the provisions...
- California Health and Safety Code Section 7737
Copies of the notice shall within ten days after the first publication be posted in at least three conspicuous places in the cemetery or the...
- California Health and Safety Code Section 7738
A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment in, any plot in the...
- California Health and Safety Code Section 7739
The notice shall also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his...
- California Health and Safety Code Section 7750
At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains...
- California Health and Safety Code Section 7751
The notice to the cemetery authority shall specify: (a) The name of the person whose remains are to be disinterred. (b) As accurately as possible,...
- California Health and Safety Code Section 7752
The notice may be delivered, or forwarded by registered mail, to the office or principal place of business of the cemetery authority proposing to make
- California Health and Safety Code Section 7753
After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to...
- California Health and Safety Code Section 7754
Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice...
- California Health and Safety Code Section 7800
At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may...
- California Health and Safety Code Section 7801
The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an affidavit stating the name of the decedent whose...
- California Health and Safety Code Section 7802
Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following: (a) The...
- California Health and Safety Code Section 7803
If the right, title or interest of any grantee of any plot or of the right of interment therein has passed by succession to the...
- California Health and Safety Code Section 7804
Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled...
- California Health and Safety Code Section 7805
If such appurtenances remain on the plot for more than ninety days after the removal of the last human remains, they may be removed and...
- California Health and Safety Code Section 7850
After the completion of notice, and after the expiration of the period of ten months specified in the notice, any cemetery authority may cause the...
- California Health and Safety Code Section 7851
Whenever any remains are removed from any cemetery or portion of a cemetery pursuant to this chapter by a cemetery authority, they shall be transported...
- California Health and Safety Code Section 7852
The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under rules and regulations adopted...
- California Health and Safety Code Section 7900
Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such remains,...
- California Health and Safety Code Section 7901
No order of any court shall be required prior to the making of any such sale, mortgage, or other encumbrance of such lands; but any...
- California Health and Safety Code Section 7902
Petitions for confirmation of sales shall be made to the superior court of the county or city and county in which the lands are situated,...
- California Health and Safety Code Section 7903
If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good faith entered into any agreement to sell...
- California Health and Safety Code Section 7904
After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record...
- California Health and Safety Code Section 7905
With the approval of the governing body of the city or city and county in which the cemetery lands are situated, sufficient lands may be...
- California Health and Safety Code Section 7906
After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Division VII of this code, the dedication...
- California Health and Safety Code Section 7925
Money payable or to become payable as the purchase price or on account of the purchase price of unused lands, or lands from which all...
- California Health and Safety Code Section 7926
Whenever any cemetery corporation or association has declared for removal and has published notice of its intention to make removals under this chapter, it may...
- California Health and Safety Code Section 7927
From the money remaining in the treasury of the cemetery corporation or association after completing the removal and reinterment of the remains from its cemetery...
- California Health and Safety Code Section 7928
After making provisions for an endowment care fund to provide for maintenance and care, the governing body of the cemetery corporation or association may use...
- California Health and Safety Code Section 7929
Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or association may lawfully declare.
- California Health and Safety Code Section 7930
Whenever any cemetery corporation or association having a governing body has caused the removal of remains from all or any portion of its cemetery and...
- California Health and Safety Code Section 7931
In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corporation or association may transfer the funds to any...
- California Health and Safety Code Section 7932
Before any such transfer of funds is made, the cemetery corporation or association shall obtain an order authorizing the transfer from the superior court of...
- California Health and Safety Code Section 7933
The order shall be obtained upon petition of the cemetery corporation or association, after such notice by publication as the court may direct, and any...
- California Health and Safety Code Section 7950
Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be removed has acquired the possession or use of any cemetery...
- California Health and Safety Code Section 7951
Plots, crypts, or niches may be sold to persons desiring to make reinterments.
- California Health and Safety Code Section 7952
The governing body of any cemetery corporation or association may receive and accept as part or full consideration for the purchase price of new plots...
- California Health and Safety Code Section 7953
After the removal and reinterment of remains disinterred from any cemetery the cemetery authority shall cause to be erected upon or imbedded in any plot...
- California Health and Safety Code Section 7954
The cemetery authority shall prepare a complete map or plat describing and showing the location and subdivision into plots of the cemetery lands where remains...
- California Health and Safety Code Section 7955
The map or plan shall be kept on file in the office of the cemetery authority and shall at all times be open to inspection...
- California Health and Safety Code Section 7975
When any law or ordinance requires that the remains interred in any cemetery be removed and reinterred elsewhere, no county, town or political subdivision in...
- California Health and Safety Code Section 7980
The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or...
- California Health and Safety Code Section 8000
If it appears to the board of supervisors of any county owning a county cemetery that: (a) It is necessary that the property be used...
- California Health and Safety Code Section 8001
Any resolution or declaration for abandonment adopted and made under the provisions of this article shall specify and declare that at any time after the...
- California Health and Safety Code Section 8002
At any time before the date fixed for the removal of the remains by the county owning or controlling such cemetery land, any relative or...
- California Health and Safety Code Section 8003
After the publication and mailing of the notice mentioned in Section 8001 of this code and after the expiration of the 60 days specified in...
- California Health and Safety Code Section 8004
Whenever the remains of any person shall be removed from any abandoned cemetery by the county owning such abandoned cemetery, such remains shall be transported...
- California Health and Safety Code Section 8005
After the removal of all human remains the property may be used, managed and controlled by the board of supervisors as other county property.
- California Health and Safety Code Section 8010
This chapter shall be known, and may be cited as the California Native American Graves Protection and Repatriation Act of 2001.
- California Health and Safety Code Section 8011
It is the intent of the Legislature to do all of the following: (a) Provide a seamless and consistent state policy to ensure that all...
- California Health and Safety Code Section 8012
As used in this chapter, terms shall have the same meaning as in the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec....
- California Health and Safety Code Section 8013
(a) Any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects shall complete an...
- California Health and Safety Code Section 8014
A tribe claiming state cultural affiliation and requesting the return of human remains and cultural items listed in the inventory or summary of an agency...
- California Health and Safety Code Section 8015
(a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the...
- California Health and Safety Code Section 8016
(a) If there is more than one request for repatriation for the same item, or there is a dispute between the requesting party and the...
- California Health and Safety Code Section 8017
If there is a committee or group of tribes authorized by their respective tribal governments to accept repatriation of items originating from their region and...
- California Health and Safety Code Section 8018
An agency or museum that repatriates human remains and cultural items in good faith pursuant to this chapter is not liable for claims by an...
- California Health and Safety Code Section 8019
Nothing in this section shall be construed to prohibit the governing body of a California Indian tribe or group authorized by Section 8017 from expressly...
- California Health and Safety Code Section 8020
Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the commission or designated mediator may close part of...
- California Health and Safety Code Section 8021
The filing of an appeal by either party automatically stays an order of the commission or a designated mediator on repatriation of human remains and...
- California Health and Safety Code Section 8025
(a) There is hereby established the Repatriation Oversight Commission composed of 10 members as follows: (1) Two voting members appointed by the Governor from nominations...
- California Health and Safety Code Section 8026
The commission shall meet when necessary, and at least quarterly shall perform the duties specified in this section including, but not limited to, the following:...
- California Health and Safety Code Section 8027
(a) Members of the commission shall not receive a salary but shall be entitled to reimbursement for actual expenses incurred in the performance of their...
- California Health and Safety Code Section 8028
(a) The term of any member of the commission shall be for three years, and each member shall serve no more than two consecutive terms....
- California Health and Safety Code Section 8029
(a) Any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not...
- California Health and Safety Code Section 8030
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other...
- California Health and Safety Code Section 8100
The definitions set forth in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 shall be applicable to this division.
- California Health and Safety Code Section 8102
Any person violating any provision of this chapter is liable, in a civil action by and in the name of the cemetery authority, to pay...
- California Health and Safety Code Section 8103
The provisions of this chapter do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in...
- California Health and Safety Code Section 8110
The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated and...
- California Health and Safety Code Section 8111
The records shall at all times be open to official inspection.
- California Health and Safety Code Section 8112
Records required to be kept under Division 7 (commencing with Section 7000) or this division may be kept in original form or by photocopy, microfilm,...
- California Health and Safety Code Section 8113
(a) This chapter shall apply to all cemeteries, including, but not limited to, public cemeteries, private cemeteries, and cemeteries operated by religious organizations, or fraternal...
- California Health and Safety Code Section 8113.1
(a) Except as provided in subdivisions (b) and (c), there shall be no less than 18 inches of dirt or turf on top of all...
- California Health and Safety Code Section 8113.3
(a) This chapter shall not apply to mausoleums, crypts, vaults, or other burial structures designed and constructed to be installed without an earthen cover. (b)...
- California Health and Safety Code Section 8113.4
Cemeteries shall be liable for the costs of reburial of any remains improperly interred in already occupied graves or interred with less than the amount...
- California Health and Safety Code Section 8113.5
(a) Except with the express written permission of the person entitled to control the disposition of the remains, or in the case of a double...
- California Health and Safety Code Section 8113.6
Notwithstanding any other provision of law, any cemetery that violates any of the requirements of this chapter shall be subject to disciplinary action by the...
- California Health and Safety Code Section 8113.7
Notwithstanding any other provision of law, the statute of limitations for any individual's criminal violation of Section 8113.5 shall begin to run at the time...
- California Health and Safety Code Section 8115
The governing body of any city or county, in the exercise of its police power, may by ordinance prescribe such standards governing burial, inurnment, and...
- California Health and Safety Code Section 8120
(a) On or after January 1, 1990, the cemetery authority shall provide written notice to each person who purchases or agrees to purchase interment rights...
- California Health and Safety Code Section 8125
Incorporated cities, and for unincorporated towns the supervisors of the county, may survey, lay out, and dedicate for burial purposes not exceeding five acres of...
- California Health and Safety Code Section 8125.5
The City of Simi Valley may survey, lay out, dedicate, own, and operate for burial purposes, or may purchase, or receive by gift or donation,...
- California Health and Safety Code Section 8126
The title to lands situated in or near any city and used by the inhabitants without interruption as a cemetery for five years is vested...
- California Health and Safety Code Section 8127
The inhabitants of any city may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres to be used...
- California Health and Safety Code Section 8128
The governing body having control of a public cemetery shall require a register of name, age, birthplace, date of death, and burial of every body...
- California Health and Safety Code Section 8129
The public cemeteries of cities, towns, or neighborhoods or of fraternal or beneficial associations or societies shall be inclosed and laid off into plots.
- California Health and Safety Code Section 8130
The general management, conduct, and regulation of burials, the disposition of plots, and keeping the plots in order, are under the jurisdiction and control of...
- California Health and Safety Code Section 8131
If not owned by a city or by a fraternal or beneficial association or society, public cemeteries are under the jurisdiction and control of the...
- California Health and Safety Code Section 8132
Public cemeteries of fraternal or beneficial associations or societies are under the jurisdiction of and controlled and managed by the associations or societies or by...
- California Health and Safety Code Section 8133
The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations, and appoint sextons or other officers to enforce obedience...
- California Health and Safety Code Section 8134
No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within...
- California Health and Safety Code Section 8135
Notwithstanding any other provision of law, the Department of Water Resources may sell plots in any cemetery which is owned by the department on a...
- California Health and Safety Code Section 8136
Any city, including a chartered city, that owns and operates a cemetery may maintain a proceeding in the superior court of the county in which...
- California Health and Safety Code Section 8137
A cemetery owned and operated by a city, county, or city and county shall not engage in the business of selling monuments or markers, and...
- California Health and Safety Code Section 8250
Except as provided in subdivision (c) of this section, the provisions of this part do not apply to any of the following: (a) Any religious...
- California Health and Safety Code Section 8250.5
As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, county, city and county, or...
- California Health and Safety Code Section 8251
The provisions of this part do not affect the corporate existence of any cemetery organized under any law then existing prior to August 14, 1931,...
- California Health and Safety Code Section 8252
It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within...
- California Health and Safety Code Section 8253
The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, copartnership, association, trust or individual, existing and doing business under the laws...
- California Health and Safety Code Section 8275
Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of...
- California Health and Safety Code Section 8276
Charges made by a cemetery authority for foundations, for setting of or permitting the setting of, or for endowment care of, grave markers or monuments,...
- California Health and Safety Code Section 8277
Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesperson, which provides for the sale by the...
- California Health and Safety Code Section 8278
In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery broker, salesman,...
- California Health and Safety Code Section 8279
A cemetery authority shall comply with the Mausoleum and Columbarium Law (Part 5 (commencing with Section 9501)).
- California Health and Safety Code Section 8300
(a) A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction...
- California Health and Safety Code Section 8301.5
(a) Nothing in Section 8301 shall be construed to permit a cemetery authority to discriminate against any person based upon race or gender regarding the...
- California Health and Safety Code Section 8309
The rules and regulations shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such...
- California Health and Safety Code Section 8325
Persons designated by a cemetery authority have the powers of arrest as provided in Section 830.7 of the Penal Code for the purpose of maintaining...
- California Health and Safety Code Section 8330
A record shall be kept of every interment showing the date the human remains were received, the date of interment, the name and age of...
- California Health and Safety Code Section 8331
A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all...
- California Health and Safety Code Section 8341
All cremated remains not disposed of in accordance with this chapter, within one year, shall be interred.
- California Health and Safety Code Section 8342
No crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated...
- California Health and Safety Code Section 8343
A crematory shall maintain on its premises, or other business location within the State of California, an accurate record of all cremations performed, including all...
- California Health and Safety Code Section 8344
A crematory shall maintain an identification system allowing identification of each decedent beginning from the time the crematory accepts delivery of human remains until the...
- California Health and Safety Code Section 8344.5
A crematory regulated by the Cemetery and Funeral Bureau shall knowingly cremate only human remains in cremation chambers, along with the cremation container, personal effects...
- California Health and Safety Code Section 8345
If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a given deceased, the crematory shall provide a larger cremated...
- California Health and Safety Code Section 8345.5
A crematory shall not accept human remains for cremation unless the remains meet all of the following requirements: (a) The remains shall be in a...
- California Health and Safety Code Section 8346
Within two hours after a crematory licensed by the State of California takes custody of a body that has not been embalmed, it shall refrigerate...
- California Health and Safety Code Section 8346.5
Every crematory operator, or duly authorized representative shall provide to any person who inquires in person, a written, or printed list of prices for cremation...
- California Health and Safety Code Section 8347
(a) The crematory licensee, or his or her authorized representative shall provide instruction to all crematory personnel involved in the cremation process. This instruction shall...
- California Health and Safety Code Section 8350
Unless otherwise limited by the law under which created, cemetery authorities shall in the conduct of their business have the same powers granted by law...
- California Health and Safety Code Section 8351
All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed or incurred upon property which has been and was at the...
- California Health and Safety Code Section 8360
No director or officer of any cemetery authority shall directly or indirectly, for himself or as the partner or agent of others, borrow any funds...
- California Health and Safety Code Section 8361
The office of any director or officer who acts or permits action contrary to this article immediately thereupon becomes vacant.
- California Health and Safety Code Section 8362
Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of this article are severally guilty...
- California Health and Safety Code Section 8500
Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories, and columbariums, or other property within which the interment of...
- California Health and Safety Code Section 8501
Any cemetery authority which is described in Section 23701c of the Revenue and Taxation Code or is a corporation sole may acquire by eminent domain...
- California Health and Safety Code Section 8525
A cemetery authority may execute a declaration acknowledged so as to entitle it to be recorded, describing the property and declaring its intention to use...
- California Health and Safety Code Section 8526
The declaration may be filed for record in the office of the recorder of the county in which the property is situated, and from the...
- California Health and Safety Code Section 8550
Every cemetery authority, from time to time as its property may be required for interment purposes, shall: (a) In case of land, survey and subdivide...
- California Health and Safety Code Section 8551
The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of...
- California Health and Safety Code Section 8552
The declaration shall be in such form as the cemetery authority may prescribe, and shall be subscribed by the president or vice president, and the...
- California Health and Safety Code Section 8553
Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter...
- California Health and Safety Code Section 8554
When reservation is made in the declaration of dedication, any part or subdivision of the property so mapped and platted may, by order of the...
- California Health and Safety Code Section 8555
The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
- California Health and Safety Code Section 8556
The county recorder of the county in which a map or plat is filed shall index the map or plat in the general index giving...
- California Health and Safety Code Section 8557
The county recorder of the county in which a declaration of dedication is filed shall record it in the official records of his office and...
- California Health and Safety Code Section 8558
After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication, nor the title of a plot owner, shall be affected by...
- California Health and Safety Code Section 8559
Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation...
- California Health and Safety Code Section 8560
After dedication pursuant to this chapter, and as long as the property remains dedicated to cemetery purposes, no railroad, street, road, alley, pipe line, pole...
- California Health and Safety Code Section 8560.5
No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within...
- California Health and Safety Code Section 8561
All property dedicated pursuant to this chapter, including roads, alleys, and walks, is exempt from public improvement assessments and is exempt from enforcement of a...
- California Health and Safety Code Section 8570
After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and...
- California Health and Safety Code Section 8571
(a) All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the...
- California Health and Safety Code Section 8572
All conveyances made by a cemetery authority shall be signed by the president or the vice president, and the secretary, or by other officers authorized...
- California Health and Safety Code Section 8573
Any cemetery authority or its agents who sell, offer for sale, contract to sell, or negotiate the sale of mausoleum crypts before the receipt of...
- California Health and Safety Code Section 8574
For a violation of any provision of Section 8573, the bureau may temporarily suspend or permanently revoke the license of any cemetery licensee and may...
- California Health and Safety Code Section 8580
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any...
- California Health and Safety Code Section 8581
The notice of hearing provided in section 8580 shall be given by publication once a week for at least three consecutive weeks in a daily...
- California Health and Safety Code Section 8585
(a) Whenever ownership of any cemetery authority is proposed to be transferred, the cemetery authority shall notify the Cemetery and Funeral Bureau in the Department...
- California Health and Safety Code Section 8600
All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
- California Health and Safety Code Section 8601
The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the...
- California Health and Safety Code Section 8602
No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a...
- California Health and Safety Code Section 8603
If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if...
- California Health and Safety Code Section 8604
Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes.
- California Health and Safety Code Section 8605
An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the...
- California Health and Safety Code Section 8625
In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed.
- California Health and Safety Code Section 8626
Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested...
- California Health and Safety Code Section 8627
Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating to proceedings for establishing the fact of death of...
- California Health and Safety Code Section 8628
An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity...
- California Health and Safety Code Section 8629
When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the...
- California Health and Safety Code Section 8650
(a) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner or...
- California Health and Safety Code Section 8650.5
An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate succession or by his or...
- California Health and Safety Code Section 8650.5
An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate succession or by his or...
- California Health and Safety Code Section 8651
In a family plot one grave, niche or crypt may be used for the owner's interment; one for the owner's surviving spouse, if any, who...
- California Health and Safety Code Section 8652
If no parent or child survives, the right of interment goes in the order of death first, to the spouse of any child of the...
- California Health and Safety Code Section 8653
Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any...
- California Health and Safety Code Section 8675
A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested.
- California Health and Safety Code Section 8676
No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of...
- California Health and Safety Code Section 8680
A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and...
- California Health and Safety Code Section 8700
In addition to those cemeteries to which this part does not apply, this article does not apply to abandoned cemeteries nor to cemeteries in which...
- California Health and Safety Code Section 8701
Whenever a majority of the plots in all or any part of a cemetery established prior to August 14, 1931, has been sold without the...
- California Health and Safety Code Section 8702
Application for the alteration or vacation or replatting of all or any portion of an alley, street, avenue, walk, driveway, or park, for plots in...
- California Health and Safety Code Section 8703
The application may be by the cemetery authority owning or operating the cemetery or if there is no cemetery authority operating the cemetery, by twenty...
- California Health and Safety Code Section 8704
The petition shall be verified and shall specify the facts of such ownership and shall state the reasons for the proposed change and what provisions...
- California Health and Safety Code Section 8705
There shall be presented with the petition a plat of the cemetery and the proposed replat which shall clearly indicate the proposed changes.
- California Health and Safety Code Section 8706
The petition shall be filed with the clerk of the superior court, and the clerk shall fix the time for hearing not less then thirty...
- California Health and Safety Code Section 8707
Notice of the hearing shall be given by publishing a copy of the notice in a newspaper of general circulation near the cemetery in the...
- California Health and Safety Code Section 8708
Copies of the notice shall be posted in three conspicuous places within the cemetery.
- California Health and Safety Code Section 8709
The notice shall: (a) Be addressed to all persons owning or interested in plots in the cemetery but need not name them. (b) Set forth...
- California Health and Safety Code Section 8710
At the time fixed for the hearing, the court shall hear and consider any evidence introduced in favor of and all objections to the changes...
- California Health and Safety Code Section 8711
The cemetery authority or other person directed by the court shall accept the newly created plots and shall sell and convey them only for interment
- California Health and Safety Code Section 8713
The vacation of an alley, avenue, roadway, walk, driveway, street, or park adjacent to a privately owned plot does not vest any interest in the...
- California Health and Safety Code Section 8714
In allowing any damages to any plot owner for such vacation, the court shall take into consideration the benefit to be received from endowment care.
- California Health and Safety Code Section 8715
The provisions of this article are hereby declared to be a necessary exercise of the police power of the State in order to preserve and...
- California Health and Safety Code Section 8725
Every cemetery authority which now or hereafter maintains a cemetery may place its cemetery under endowment care and establish, maintain, and operate an endowment care...
- California Health and Safety Code Section 8726
The principal of all funds for endowment care shall be invested and the income only may be used for the care, maintenance, and embellishment of...
- California Health and Safety Code Section 8726.1
The trustee of the endowment care fund shall create a reserve from which principal losses may be replaced by setting aside a reasonable percentage of...
- California Health and Safety Code Section 8728
The cemetery authority may from time to time adopt plans for the general care, maintenance, and embellishment of its cemetery, and charge and collect from...
- California Health and Safety Code Section 8729
Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be included in the deed of...
- California Health and Safety Code Section 8730
Upon the application of an owner of any plot, and upon the payment by him of the amount fixed as a reasonable and proportionate contribution...
- California Health and Safety Code Section 8731
(a) The cemetery authority may appoint a board of trustees of not less than three in number as trustees of its endowment care fund. The...
- California Health and Safety Code Section 8732
Not more than one member of the board of trustees of an endowment care fund may have a proprietary interest in the cemetery authority.
- California Health and Safety Code Section 8732.1
Each individual trustee of an endowment care fund shall be a resident of this State, and a corporate trustee shall be qualified to do business...
- California Health and Safety Code Section 8733
No sum in excess of 5 percent of the net income derived from an endowment care fund, or special care fund, or both, in any...
- California Health and Safety Code Section 8733.5
In lieu of the appointment of a board of trustees of its endowment care fund, any cemetery authority may appoint as sole trustee of its...
- California Health and Safety Code Section 8734
(a) Except as provided in subdivisions (b), (c), and (d), the board of trustees or corporate trustee of an endowment care fund or one or...
- California Health and Safety Code Section 8735
A cemetery authority which has established an endowment care fund may take, receive, and hold as a part of or incident to the fund any...
- California Health and Safety Code Section 8736
The endowment care fund and all payments or contributions to it are hereby expressly permitted as and for charitable and eleemosynary purposes. Endowment care is...
- California Health and Safety Code Section 8737
No payment, gift, grant, bequest, or other contribution for general endowment care is invalid by reason of any indefiniteness or uncertainty of the persons designated...
- California Health and Safety Code Section 8738
An endowment care cemetery is one which has deposited in its endowment care fund the minimum amounts heretofore required by law and shall hereafter have...
- California Health and Safety Code Section 8738.1
In addition to the requirements of Section 8738 any endowment care cemetery hereafter established shall also have deposited in its endowment care fund the additional...
- California Health and Safety Code Section 8738.2
The endowment care fund under the provisions of this code shall be kept separate and apart from all other cemetery funds. Separate records and books...
- California Health and Safety Code Section 8739
A nonendowment care cemetery is one that does not have deposited in an endowment care fund the minimum amounts required by law.
- California Health and Safety Code Section 8739.1
Any cemetery established, on or after September 7, 1955, or excluded from the exemption provided in subdivision (c) of Section 8250 by virtue of paragraph...
- California Health and Safety Code Section 8740
A cemetery which otherwise complies with Section 8738 may be designated an endowment care cemetery even though it contains a small section which may be...
- California Health and Safety Code Section 8741
Each endowment care cemetery shall post in a conspicuous place at or near the entrance of the cemetery and at its administration building and readily...
- California Health and Safety Code Section 8743
Each nonendowment care cemetery or the Cemetery and Funeral Bureau shall post in a conspicuous place in the office or offices where sales are conducted...
- California Health and Safety Code Section 8744
There shall be printed at the head of all contracts, agreements, statements, receipts, literature and other publications of nonendowment care cemeteries the following form: "This...
- California Health and Safety Code Section 8745
All the information appearing on the signs and report filed in the cemetery office shall be revised annually and verified by the president and secretary,...
- California Health and Safety Code Section 8746
Any person, partnership, corporation, association, or his, her, or its agents or representatives, who shall violate any of the provisions of this article, except as...
- California Health and Safety Code Section 8747.5
Each cemetery shall at all times maintain and keep within the State of California all books, accounts, records, cash and evidences of investments of its...
- California Health and Safety Code Section 8748
Where an endowment care mausoleum or mausoleum-columbarium is operated within an endowment care cemetery and the cemetery corporations or cemetery authorities owning or operating each...
- California Health and Safety Code Section 8750
Endowment care funds shall not be used for any purpose other than to provide through income only for the reserves authorized by law and for...
- California Health and Safety Code Section 8751
The funds shall be invested and reinvested, and kept invested in: (a) Bonds of the United States or this state, or of any county, city...
- California Health and Safety Code Section 8751.1
In addition to the requirements of Section 8751, the funds may be invested and reinvested and kept invested in investments of the type and in...
- California Health and Safety Code Section 8775
A cemetery authority which has established an endowment care fund may also take and hold any property bequeathed, granted, or given to it in trust...
- California Health and Safety Code Section 8776
The sums paid in or contributed to the fund authorized by this article are hereby expressly permitted as and for a charitable and eleemosynary purpose....
- California Health and Safety Code Section 8777
All money or property received by a cemetery authority for deposit in a special care fund shall be placed in the custody of the trustee...
- California Health and Safety Code Section 8778
The following shall be eligible investments for all special care trusts: (a) Bonds of the United States or this state, or of any county, city,...
- California Health and Safety Code Section 8778.5
Each special care trust fund established pursuant to this article shall be administered in compliance with the following requirements: (a) (1) The board of trustees...
- California Health and Safety Code Section 8779
Nothing in this article shall require liquidation or transmutation of any lawful investment existing on December 31, 1976, but any reinvestment shall be governed by...
- California Health and Safety Code Section 8779.5
Each special care fund established pursuant to this article shall be held in trust and managed by either the board of trustees of the cemetery...
- California Health and Safety Code Section 8780
No person, partnership, corporation, association, or his, her, or its agents or representatives, shall sell, offer for sale, or advertise any plot under representation that...
- California Health and Safety Code Section 8781
It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman to represent that an endowment care...
- California Health and Safety Code Section 8785
Any person, partnership, or corporation administering, managing, or having responsibility for endowment care or special care funds who violates the provisions of this chapter relating...
- California Health and Safety Code Section 8825
A city or county having a nonendowment care cemetery within its boundaries which threatens or endangers the health, safety, comfort or welfare of the public...
- California Health and Safety Code Section 8826
The resolution for abandonment adopted under the provisions of this chapter shall specify and declare that at any time after the expiration of 60 days...
- California Health and Safety Code Section 8827
After the publication mentioned in Section 8826 of this code and after the expiration of the 60 days specified in the notice, the city or...
- California Health and Safety Code Section 8828
After the work which the governing body, in its discretion, finds necessary and practicable has been completed, the governing body shall immediately thereafter, by resolution,...
- California Health and Safety Code Section 8829
Thereafter the city or county shall maintain said pioneer memorial park so that it will not endanger the health, safety, comfort, or welfare of the
- California Health and Safety Code Section 9000
This part shall be known and may be cited as the Public Cemetery District Law.
- California Health and Safety Code Section 9001
(a) The Legislature finds and declares all of the following: (1) There is a continuing need to provide for the respectful and cost-effective interment of...
- California Health and Safety Code Section 9002
The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part,...
- California Health and Safety Code Section 9003
(a) This part provides the authority for the organization and powers of public cemetery districts. This part succeeds the former Part 4 (commencing with Section...
- California Health and Safety Code Section 9004
This part is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
- California Health and Safety Code Section 9005
If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, special...
- California Health and Safety Code Section 9006
(a) Any action brought to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9...
- California Health and Safety Code Section 9007
(a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district. Territory that is...
- California Health and Safety Code Section 9010
A new district may be formed pursuant to this chapter.
- California Health and Safety Code Section 9011
(a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700...
- California Health and Safety Code Section 9012
(a) Before circulating any petition, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in...
- California Health and Safety Code Section 9013
(a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of...
- California Health and Safety Code Section 9014
(a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall...
- California Health and Safety Code Section 9020
A legislative body of at least three members known as the board of trustees shall govern every district. The board of trustees shall establish policies...
- California Health and Safety Code Section 9021
Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows: (a) In the...
- California Health and Safety Code Section 9022
(a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in the district....
- California Health and Safety Code Section 9023
(a) The initial board of trustees of a district formed on or after January 1, 2004, shall be determined pursuant to this section. (b) The...
- California Health and Safety Code Section 9024
(a) Except as provided in subdivision (b) of this section, subdivision (c) of Section 9023, and subdivision (d) of Section 9026, the term of office...
- California Health and Safety Code Section 9025
(a) A board of trustees may adopt a resolution requesting the board of supervisors of the principal county to increase or decrease the number of...
- California Health and Safety Code Section 9026
(a) The board of supervisors of the principal county may appoint itself to be the board of trustees of a district and the board of...
- California Health and Safety Code Section 9027
(a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single district,...
- California Health and Safety Code Section 9028
(a) At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district not...
- California Health and Safety Code Section 9029
A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the...
- California Health and Safety Code Section 9030
(a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the...
- California Health and Safety Code Section 9031
(a) The board of trustees may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed...
- California Health and Safety Code Section 9040
(a) A district may own, operate, improve, and maintain cemeteries and provide interment services within its boundaries. (b) A district shall maintain the cemeteries owned...
- California Health and Safety Code Section 9041
A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this part,...
- California Health and Safety Code Section 9042
(a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part...
- California Health and Safety Code Section 9043
(a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to...
- California Health and Safety Code Section 9044
(a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall adopt these policies and...
- California Health and Safety Code Section 9045
(a) The Myers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b)...
- California Health and Safety Code Section 9046
A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
- California Health and Safety Code Section 9047
A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter...
- California Health and Safety Code Section 9048
A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their actual...
- California Health and Safety Code Section 9049
A district may sell interment rights in its cemeteries, columbariums, and mausoleums, subject to the limitations of this part.
- California Health and Safety Code Section 9050
(a) A district may acquire, construct, improve, maintain, or repair a columbarium for the placement of cremated remains. (b) A district shall comply with the...
- California Health and Safety Code Section 9051
(a) A district may acquire, maintain, or repair a mausoleum for crypt entombment that was completed on or before May 1, 1937. A district may...
- California Health and Safety Code Section 9052
(a) A district may require that monuments or markers shall be placed at interment plots. (b) A district may adopt minimum requirements for the permanency...
- California Health and Safety Code Section 9053
A district may sell accessory and replacement objects that are necessary or convenient to interments, including but not limited to burial vaults, liners, and flower...
- California Health and Safety Code Section 9054
(a) A district may use or lease land acquired for a future cemetery for an enterprise if all of the following conditions apply: (1) The...
- California Health and Safety Code Section 9055
(a) A district may convey a cemetery owned by the district to any cemetery authority, pursuant to this section. (b) The board of trustees of...
- California Health and Safety Code Section 9056
(a) A district may dedicate real property or an interest in real property owned by the district to another public agency for use as roads...
- California Health and Safety Code Section 9060
(a) A district shall limit interment in a cemetery owned by the district to interment in the ground, in columbariums, and in mausoleums, as provided...
- California Health and Safety Code Section 9061
(a) A district may inter a person who is not a resident of the district or a person who does not pay property taxes on...
- California Health and Safety Code Section 9062
Notwithstanding Section 9060, the board of trustees may contract with any county in which the district is located to inter persons for whose interment the...
- California Health and Safety Code Section 9063
Notwithstanding Section 9060, the Oroville Cemetery District may use its cemetery on Feather River Boulevard, north of Oro Dam Boulevard for up to a total...
- California Health and Safety Code Section 9063.5
Notwithstanding Section 9060, the Elsinore Valley Cemetery District may use the portion of its cemetery formerly known as Home of Peace for up to a...
- California Health and Safety Code Section 9063.7
Notwithstanding Section 9060, the Davis Cemetery District may use its cemetery at 820 Pole Line Road, Davis, for up to a total of 500 interments,...
- California Health and Safety Code Section 9064
(a) The board of trustees shall cause to be prepared and maintained accurate and current records of: (1) The cemeteries owned by the district, showing...
- California Health and Safety Code Section 9065
(a) The board of trustees shall create an endowment care fund. (b) The board of trustees shall require a payment into the endowment care fund...
- California Health and Safety Code Section 9066
The board of trustees shall cause the principal of the endowment care fund to be invested and reinvested in any of the following: (a) Securities...
- California Health and Safety Code Section 9067
The board of trustees may cause the funds deposited in the endowment income fund pursuant to subdivision (f) of Section 9065 that are not required...
- California Health and Safety Code Section 9068
(a) The board of trustees shall adopt a schedule of fees for interments in cemeteries owned by the district and for other necessary and convenient...
- California Health and Safety Code Section 9069
(a) A district may seek the abandonment of an interment plot in a cemetery owned by the district pursuant to this section. (b) The board...
- California Health and Safety Code Section 9070
(a) On or before August 30 of each year, the board of trustees shall adopt a final budget, which shall conform to the accounting and...
- California Health and Safety Code Section 9071
(a) In its annual budget, the board of trustees may establish one or more restricted reserves. When the board of trustees establishes a restricted reserve,...
- California Health and Safety Code Section 9072
(a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing its appropriations limit and make other necessary...
- California Health and Safety Code Section 9073
The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter...
- California Health and Safety Code Section 9074
(a) A district may accept any grants, goods, money, property, revenue, or services from any federal, state, regional, or local agency or from any person...
- California Health and Safety Code Section 9075
All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 9076
(a) All claims against a district shall be audited, allowed, and paid by the board of trustees by warrants drawn on the county treasurer. (b)...
- California Health and Safety Code Section 9077
(a) Notwithstanding Section 9076, a district that has total annual revenues greater than five hundred thousand dollars ($500,000) may withdraw its funds from the control...
- California Health and Safety Code Section 9078
A district may, by resolution, establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division...
- California Health and Safety Code Section 9079
(a) The board of trustees shall provide for regular audits of the district's accounts and records and the district's endowment care fund pursuant to Section...
- California Health and Safety Code Section 9080
Whenever a board of trustees determines that the amount of revenues available to the district or any of its zones is inadequate to meet the...
- California Health and Safety Code Section 9081
A district may levy special taxes pursuant to either of the following: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1...
- California Health and Safety Code Section 9082
(a) Whenever a board of trustees determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real...
- California Health and Safety Code Section 9083
(a) In addition to the other fees authorized by this part, a board of trustees may charge a fee to cover the cost of any...
- California Health and Safety Code Section 9090
(a) Whenever a board of trustees determines that it is in the public interest to provide different services, to provide different levels of services, or...
- California Health and Safety Code Section 9091
(a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a zone pursuant to this chapter. The...
- California Health and Safety Code Section 9092
(a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 9090 and 9091....
- California Health and Safety Code Section 9093
(a) As determined by the board of trustees and pursuant to the requirements of this part, a zone may provide any service at any level...
- California Health and Safety Code Section 9501
This part shall be known and may be cited as the Mausoleum and Columbarium Law.
- California Health and Safety Code Section 9502
The purpose of this part is to insure the durability and permanence of mausoleums and columbariums by requiring that they be constructed of such material...
- California Health and Safety Code Section 9503
Unless the provision or the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- California Health and Safety Code Section 9504
"Mausoleum" includes any building or structure, used or intended to be used, for the interment of human remains. A columbarium may be built within a
- California Health and Safety Code Section 9504.5
"Private mausoleum or columbarium" shall be a freestanding structure which: (a) Is constructed for use by the members of any one group, and not for...
- California Health and Safety Code Section 9505
"Companion crypts" or "nest of crypts" means two or more crypts entered through a single crypt opening.
- California Health and Safety Code Section 9506
"Columbarium" includes any building or structure, used or intended to be used, for the interment of cremated human remains.
- California Health and Safety Code Section 9507
"Uniform Building Code" means the 1991 Edition of the Uniform Building Code, with 1992 amendments, adopted and published by the International Conference of Building Officials.
- California Health and Safety Code Section 9508
"The Uniform Plumbing Code" means the 1991 Edition of the Plumbing Code, with 1992 amendments, adopted and published by the International Association of Plumbing and...
- California Health and Safety Code Section 9509
"National Electrical Code" means the 1990 Edition of the National Electrical Code, with 1992 amendments, adopted and published by the National Fire Protection Association.
- California Health and Safety Code Section 9510
"Incombustible Material" means and includes any material having an ignition temperature higher than 1,000 degrees Fahrenheit.
- California Health and Safety Code Section 9511
"Type I Construction" includes the type of construction designated and specified as Type I Building Construction in the Uniform Building Code.
- California Health and Safety Code Section 9512
The provisions of this part shall not apply to any structure or building used or intended to be used for the interment of human remains...
- California Health and Safety Code Section 9513
(a) The provisions of this part shall apply to any cemetery that acquires, constructs, improves, maintains, or repairs a mausoleum or columbarium. (b) The provisions...
- California Health and Safety Code Section 9525
The building department of every city or city and county shall enforce the provisions of this part within such city or city and county. "Building...
- California Health and Safety Code Section 9526
The department, officer or officers of a county who are charged with the enforcement of laws or ordinances regulating the erection, construction or alteration of...
- California Health and Safety Code Section 9527
Any city or county may, by ordinance, designate any department or officer to enforce any portion of this part.
- California Health and Safety Code Section 9528
In any city where there is no department or officer charged with or designated for the enforcement of this part, the appropriate department, officer or...
- California Health and Safety Code Section 9550
It is unlawful for any person to construct, or cause or permit to be constructed upon any property belonging to or controlled by him, any...
- California Health and Safety Code Section 9560
A person desiring a permit shall file a written application with the department or official charged with the enforcement of this part on forms furnished...
- California Health and Safety Code Section 9561
The application shall be accompanied by: (a) Two full, true and complete sets of plans showing in detail the work proposed and whether it is...
- California Health and Safety Code Section 9562
The department shall cause all plans, specifications, and statements to be examined, and, if they conform to the provisions of this part, shall issue a
- California Health and Safety Code Section 9563
The department may, from time to time, approve changes in any plans, specifications, or statements, previously approved if the changes are in conformity with the...
- California Health and Safety Code Section 9564
The issuance or granting of a permit or approval is not a permit or approval of a violation of any provision of this part.
- California Health and Safety Code Section 9565
A true copy of the plans, specifications, and other information submitted or filed upon which a permit is issued, with the approval of the department...
- California Health and Safety Code Section 9575
In the case of any refusal, or neglect of the person to whom a permit or approval has been issued to comply with all of...
- California Health and Safety Code Section 9580
Every permit or approval under which no work is done within one year from the date of issuance expires by limitation and a new permit...
- California Health and Safety Code Section 9590
When the work is completed in accordance with plans, specifications, and statements previously made and upon which the permit or approval was issued, the owner...
- California Health and Safety Code Section 9591
The department shall inspect or cause the work to be inspected, and shall issue a certificate of occupancy if the work has been performed in...
- California Health and Safety Code Section 9592
When it is found that the building or structure is structurally complete, upon request, a temporary certificate of occupancy shall be issued by the department...
- California Health and Safety Code Section 9600
No mausoleum or columbarium shall be constructed and no existing building or structure shall be altered for use as a mausoleum or columbarium unless the...
- California Health and Safety Code Section 9600.5
The Cemetery and Funeral Bureau may, in addition to the construction methods and standards allowed in this chapter, adopt regulations for the construction of private...
- California Health and Safety Code Section 9600.6
Private mausoleums or columbariums may be constructed in conformance with the methods and standards set forth in this chapter or in conformance with the construction...
- California Health and Safety Code Section 9601
All mausoleums or columbariums shall be of Type I Construction as specified in the Uniform Building Code, except as otherwise provided in this chapter.
- California Health and Safety Code Section 9602
Plumbing in all mausoleums or columbariums shall conform to the provisions of the Uniform Plumbing Code.
- California Health and Safety Code Section 9603
Electrical work in all mausoleums or columbariums shall conform to the provisions of the National Electrical Code.
- California Health and Safety Code Section 9625
Every mausoleum or columbarium shall be designed and constructed to conform to the earthquake provisions of the Uniform Building Code.
- California Health and Safety Code Section 9626
Except as otherwise provided in this chapter, all materials used in the construction, ornamentation, or embellishment of mausoleums or columbariums shall be incombustible. This section...
- California Health and Safety Code Section 9627
All structural framework shall be of cast-in-place reinforced concrete, or of structural steel sections, or of concrete over metal decking; provided, however, all footings, bearing...
- California Health and Safety Code Section 9628
All floors shall be designed and constructed for a live load of not less than 100 pounds per square foot.
- California Health and Safety Code Section 9629
Footings shall be designed and constructed to conform to the requirements of the Uniform Building Code or specifications of a licensed geotechnical engineer.
- California Health and Safety Code Section 9630
Floor slabs placed on earth shall be constructed of reinforced concrete designed by a licensed structural or civil engineer to include control joints at appropriate...
- California Health and Safety Code Section 9631
Where any wall is constructed against a bank of earth, rock, or other porous material, or where crypts are adjacent to an outside building wall...
- California Health and Safety Code Section 9632
Except as provided in Section 9633, all crypt walls and crypt floor slabs shall be constructed of cast-in-place, reinforced concrete; crypt walls shall conform to...
- California Health and Safety Code Section 9633
Horizontal and vertical partitions separating crypts comprising companion crypts or a nest of crypts entered through a single crypt opening may be constructed of precast...
- California Health and Safety Code Section 9634
Each crypt, including each crypt in a companion crypt or in a nest of crypts referred to in Section 9633, shall be designed for a...
- California Health and Safety Code Section 9635
(a) All individual crypt openings shall be sealed with a solid panel of precast concrete, not less than 1 1/2 inches thick, fiber reinforced cement...
- California Health and Safety Code Section 9636
All marble floors shall be constructed on a bed of mortar or mastic placed on the floor subslab, with an approved additive to retard efflorescence.
- California Health and Safety Code Section 9637
All interior or exterior veneers shall be of stone, cast stone, granite, travertine, or marble, or other material allowed in the Uniform Building Code for...
- California Health and Safety Code Section 9638
Material for exterior trim, including exterior crypt and niche fronts, shall be travertine, serpentine marble, or grade A exterior type marble or granite, only.
- California Health and Safety Code Section 9639
Joints shall be of uniform thickness and when mortar is used it shall be raked out as work progresses and on completion of installation joints...
- California Health and Safety Code Section 9640
Grout used for joints and pointing shall conform with the requirements of the Uniform Building Code.
- California Health and Safety Code Section 9641
Masonry veneer shall be attached to the supporting wall in accordance with the requirements of the Uniform Building Code.
- California Health and Safety Code Section 9642
All base, architraves, wainscoting and all other vertical work other than crypt fronts shall be securely anchored in place with rods, clips, or other suitable...
- California Health and Safety Code Section 9643
All interior and exterior fastenings for hangers, clips, doors, and other objects shall be of copper base alloy, aluminum, copper or stainless steel of adequate...
- California Health and Safety Code Section 9644
All exterior materials used for doors, window frames, skylights, gutters, downspouts, flashings or embellishment shall be of copper, copper base alloy, aluminum, stainless steel, or...
- California Health and Safety Code Section 9645
In the event that during a national emergency, as proclaimed by the Governor for purposes of this section, none of the materials listed in Sections...
- California Health and Safety Code Section 9646
Roofs shall be constructed of cast-in-place reinforced concrete, and any roof covering shall be "Fire Retardant" in conformity with the requirements of type I construction.
- California Health and Safety Code Section 9647
All skylight frames shall be fabricated in conformance with structural requirements, and shall contain wire glass, tempered glass, or plastic of comparable strength and durability.
- California Health and Safety Code Section 9675
Every person who violates any provision of this part is guilty of a misdemeanor, punishable by fine of not less than one hundred dollars ($100)...
- California Health and Safety Code Section 9676
Every owner or operator of a mausoleum or columbarium erected in violation of this part is guilty of maintaining a public nuisance and upon conviction...
- California Health and Safety Code Section 9677
The penalties of this chapter shall not apply as to any building which, at the time of issuance of a permit for the construction thereof...
- California Health and Safety Code Section 9700
The owner of property may dedicate the property to pet cemetery purposes by a notarized dedication recorded with the county recorder of the county in...
- California Health and Safety Code Section 9701
All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed, or incurred upon property which has been, and was at the...
- California Health and Safety Code Section 9702
If a dedication is made pursuant to Section 9700, the pet cemetery owners shall charge an endowment maintenance fee to persons whose pets will be...
- California Health and Safety Code Section 9703
(a) A pet cemetery owner may dispose of the remains of any pet which has been left for more than seven days at the pet...
- California Health and Safety Code Section 11000
This division shall be known as the "California Uniform Controlled Substances Act."
- California Health and Safety Code Section 11001
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Health and Safety Code Section 11002
"Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient for...
- California Health and Safety Code Section 11003
"Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a...
- California Health and Safety Code Section 11004
"Attorney General" means the Attorney General of the State of California.
- California Health and Safety Code Section 11005
"Board of Pharmacy" means the California State Board of Pharmacy.
- California Health and Safety Code Section 11006.5
"Concentrated cannabis" means the separated resin, whether crude or purified, obtained from marijuana.
- California Health and Safety Code Section 11007
"Controlled substance," unless otherwise specified, means a drug, substance, or immediate precursor which is listed in any schedule in Section 11054, 11055, 11056, 11057, or
- California Health and Safety Code Section 11008
"Customs broker" means a person in this state who is authorized to act as a broker for any of the following: (a) A person in...
- California Health and Safety Code Section 11009
"Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an...
- California Health and Safety Code Section 11010
"Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including...
- California Health and Safety Code Section 11011
"Dispenser" means a practitioner who dispenses.
- California Health and Safety Code Section 11012
"Distribute" means to deliver other than by administering or dispensing a controlled substance.
- California Health and Safety Code Section 11013
"Distributor" means a person who distributes. The term distributor also includes warehousemen handling or storing controlled substances and customs brokers.
- California Health and Safety Code Section 11014
"Drug" means (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or...
- California Health and Safety Code Section 11014.5
(a) "Drug paraphernalia" means all equipment, products and materials of any kind which are designed for use or marketed for use, in planting, propagating, cultivating,...
- California Health and Safety Code Section 11015
"Federal bureau" means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.
- California Health and Safety Code Section 11016
"Furnish" has the same meaning as provided in Section 4048.5 of the Business and Professions Code.
- California Health and Safety Code Section 11017
"Manufacturer" has the same meaning as provided in Section 4034 of the Business and Professions Code.
- California Health and Safety Code Section 11018
"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the...
- California Health and Safety Code Section 11019
"Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical...
- California Health and Safety Code Section 11020
"Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining...
- California Health and Safety Code Section 11021
"Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
- California Health and Safety Code Section 11022
"Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, or any other legal entity.
- California Health and Safety Code Section 11023
"Pharmacy" has the same meaning as provided in Section 4035 of the Business and Professions Code.
- California Health and Safety Code Section 11024
"Physician," "dentist," "podiatrist," "pharmacist," "veterinarian," and "optometrist" means persons who are licensed to practice their respective professions in this state.
- California Health and Safety Code Section 11025
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
- California Health and Safety Code Section 11026
"Practitioner" means any of the following: (a) A physician, dentist, veterinarian, podiatrist, or pharmacist acting within the scope of a project authorized under Article 1...
- California Health and Safety Code Section 11027
(a) "Prescription" means an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom prescribed, directly from the...
- California Health and Safety Code Section 11029
"Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
- California Health and Safety Code Section 11029.5
"Security printer" means a person approved to produce controlled substance prescription forms pursuant to Section 11161.5.
- California Health and Safety Code Section 11030
"Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household...
- California Health and Safety Code Section 11031
"Wholesaler" has the same meaning as provided in Section 4038 of the Business and Professions Code.
- California Health and Safety Code Section 11032
Whenever reference is made to the term "narcotics" in any provision of law outside of this division, unless otherwise expressly provided, it shall be construed...
- California Health and Safety Code Section 11033
As used in this division, except as otherwise defined, the term "isomer" includes optical and geometrical (diastereomeric) isomers.
- California Health and Safety Code Section 11053
The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name
- California Health and Safety Code Section 11054
(a) The controlled substances listed in this section are included in Schedule I. (b) Opiates. Unless specifically excepted or unless listed in another schedule, any...
- California Health and Safety Code Section 11055
(a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in...
- California Health and Safety Code Section 11056
(a) The controlled substances listed in this section are included in Schedule III. (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any...
- California Health and Safety Code Section 11057
(a) The controlled substances listed in this section are included in Schedule IV. (b) Schedule IV shall consist of the drugs and other substances, by...
- California Health and Safety Code Section 11058
(a) The controlled substances listed in this section are included in Schedule V. (b) Schedule V shall consist of the drugs and other substances, by...
- California Health and Safety Code Section 11100
(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes any of the following substances to...
- California Health and Safety Code Section 11100.05
(a) In addition to any fine or imprisonment imposed under subdivision (f) of Section 11100 or subdivision (j) of Section 11106 of the Health and...
- California Health and Safety Code Section 11100.1
(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that obtains from a source outside of this state any substance specified...
- California Health and Safety Code Section 11101
The State Department of Justice shall provide a common reporting form for the substances in Section 11100 which contains at least the following information: (a)...
- California Health and Safety Code Section 11102
The Department of Justice may adopt all regulations necessary to carry out the provisions of this part.
- California Health and Safety Code Section 11103
The theft or loss of any substance regulated pursuant to Section 11100 discovered by any permittee or any person regulated by the provisions of this...
- California Health and Safety Code Section 11104
(a) Any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes any of the substances listed in subdivision (a) of...
- California Health and Safety Code Section 11104.5
Any person who knowingly or intentionally possesses any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, or any chemical substance...
- California Health and Safety Code Section 11105
(a) It is unlawful for any person to knowingly make a false statement in connection with any report or record required under this article. (b)...
- California Health and Safety Code Section 11106
(a) (1) (A) Any manufacturer, wholesaler, retailer, or any other person or entity in this state that sells, transfers, or otherwise furnishes any substance specified...
- California Health and Safety Code Section 11106.5
(a) The Bureau of Narcotic Enforcement, or an administrative law judge sitting alone as provided in subdivision (h), may upon petition issue an interim order...
- California Health and Safety Code Section 11106.7
(a) The Department of Justice may establish, by regulation, a system for the issuance to a permittee of a citation which may contain an order...
- California Health and Safety Code Section 11107
(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any...
- California Health and Safety Code Section 11107.1
(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any...
- California Health and Safety Code Section 11110
(a) It shall be an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250), for any person, corporation, or retail distributor to...
- California Health and Safety Code Section 11111
A person, corporation, or retail distributor that sells or makes available products containing dextromethorphan, as defined in subdivision (a) of Section 11110, in an over-the-counter...
- California Health and Safety Code Section 11150
No person other than a physician, dentist, podiatrist, or veterinarian, or naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or...
- California Health and Safety Code Section 11150.6
Notwithstanding Section 11150.5 or subdivision (a) of Section 11054, methaqualone, its salts, isomers, and salts of its isomers shall be deemed to be classified in...
- California Health and Safety Code Section 11151
A prescription written by an unlicensed person lawfully practicing medicine pursuant to Section 2065 of the Business and Professions Code, shall be filled only at...
- California Health and Safety Code Section 11152
No person shall write, issue, fill, compound, or dispense a prescription that does not conform to this division.
- California Health and Safety Code Section 11153
(a) A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course...
- California Health and Safety Code Section 11153.5
(a) No wholesaler or manufacturer, or agent or employee of a wholesaler or manufacturer, shall furnish controlled substances for other than legitimate medical purposes. (b)...
- California Health and Safety Code Section 11154
(a) Except in the regular practice of his or her profession, no person shall knowingly prescribe, administer, dispense, or furnish a controlled substance to or...
- California Health and Safety Code Section 11155
Any physician, who by court order or order of any state or governmental agency, or who voluntarily surrenders his controlled substance privileges, shall not possess,...
- California Health and Safety Code Section 11156
(a) Except as provided in Section 2241 of the Business and Professions Code, no person shall prescribe for, or administer, or dispense a controlled substance...
- California Health and Safety Code Section 11157
No person shall issue a prescription that is false or fictitious in any respect.
- California Health and Safety Code Section 11158
(a) Except as provided in Section 11159 or in subdivision (b) of this section, no controlled substance classified in Schedule II shall be dispensed without...
- California Health and Safety Code Section 11159
An order for controlled substances for use by a patient in a county or licensed hospital shall be exempt from all requirements of this article,...
- California Health and Safety Code Section 11159.1
An order for controlled substances furnished to a patient in a clinic which has a permit issued pursuant to Article 13 (commencing with Section 4180)...
- California Health and Safety Code Section 11159.2
(a) Notwithstanding any other provision of law, a prescription for a controlled substance for use by a patient who has a terminal illness may be...
- California Health and Safety Code Section 11161
(a) When a practitioner is named in a warrant of arrest or is charged in an accusatory pleading with a felony violation of Section 11153,...
- California Health and Safety Code Section 11161.5
(a) Prescription forms for controlled substance prescriptions shall be obtained from security printers approved by the Department of Justice. (b) The department may approve security...
- California Health and Safety Code Section 11161.7
(a) When a prescriber's authority to prescribe controlled substances is restricted by civil, criminal, or administrative action, or by an order of the court issued...
- California Health and Safety Code Section 11162.1
(a) The prescription forms for controlled substances shall be printed with the following features: (1) A latent, repetitive "void" pattern shall be printed across the...
- California Health and Safety Code Section 11162.5
(a) Every person who counterfeits a prescription blank purporting to be an official prescription blank prepared and issued pursuant to Section 11161.5, or knowingly possesses...
- California Health and Safety Code Section 11162.6
(a) Every person who counterfeits a controlled substance prescription form shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not...
- California Health and Safety Code Section 11164
Except as provided in Section 11167, no person shall prescribe a controlled substance, nor shall any person fill, compound, or dispense a prescription for a...
- California Health and Safety Code Section 11164.1
(a) (1) Notwithstanding any other provision of law, a prescription for a controlled substance issued by a prescriber in another state for delivery to a...
- California Health and Safety Code Section 11164.5
(a) Notwithstanding Section 11164, with the approval of the California State Board of Pharmacy and the Department of Justice, a pharmacy or hospital may receive...
- California Health and Safety Code Section 11165
(a) To assist law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule...
- California Health and Safety Code Section 11165.1
(a) (1) A licensed health care practitioner eligible to prescribe Schedule II, Schedule III, or Schedule IV controlled substances or a pharmacist may provide a...
- California Health and Safety Code Section 11165.2
(a) The Department of Justice may conduct audits of the CURES Prescription Drug Monitoring Program system and its users. (b) The Department of Justice may...
- California Health and Safety Code Section 11165.3
The theft or loss of prescription forms shall be reported immediately by the security printer or affected prescriber to the CURES Prescription Drug Monitoring Program,...
- California Health and Safety Code Section 11166
No person shall fill a prescription for a controlled substance after six months has elapsed from the date written on the prescription by the prescriber....
- California Health and Safety Code Section 11167
Notwithstanding subdivision (a) of Section 11164, in an emergency where failure to issue a prescription may result in loss of life or intense suffering, an...
- California Health and Safety Code Section 11167.5
(a) An order for a controlled substance classified in Schedule II for a patient of a licensed skilled nursing facility, a licensed intermediate care facility,...
- California Health and Safety Code Section 11170
No person shall prescribe, administer, or furnish a controlled substance for himself.
- California Health and Safety Code Section 11171
No person shall prescribe, administer, or furnish a controlled substance except under the conditions and in the manner provided by this division.
- California Health and Safety Code Section 11172
No person shall antedate or postdate a prescription.
- California Health and Safety Code Section 11173
(a) No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled substances,...
- California Health and Safety Code Section 11174
No person shall, in connection with the prescribing, furnishing, administering, or dispensing of a controlled substance, give a false name or false address.
- California Health and Safety Code Section 11175
No person shall obtain or possess a prescription that does not comply with this division, nor shall any person obtain a controlled substance by means...
- California Health and Safety Code Section 11179
A person who fills a prescription shall keep it on file for at least three years from the date of filling it.
- California Health and Safety Code Section 11180
No person shall obtain or possess a controlled substance obtained by a prescription that does not comply with this division.
- California Health and Safety Code Section 11190
(a) Every practitioner, other than a pharmacist, who prescribes or administers a controlled substance classified in Schedule II shall make a record that, as to...
- California Health and Safety Code Section 11191
The record shall be preserved for three years. Every person who violates any provision of this section is guilty of a misdemeanor.
- California Health and Safety Code Section 11192
In a prosecution for a violation of Section 11190, proof that a defendant received or has had in his possession at any time a greater...
- California Health and Safety Code Section 11195
Whenever the pharmacist's copy of a controlled substance prescription is removed by a peace officer, agent of the Attorney General, or inspector of the Board...
- California Health and Safety Code Section 11200
(a) No person shall dispense or refill a controlled substance prescription more than six months after the date thereof. (b) No prescription for a Schedule...
- California Health and Safety Code Section 11201
A prescription for a controlled substance, except those appearing in schedule II, may be refilled without the prescriber's authorization if the prescriber is unavailable to...
- California Health and Safety Code Section 11205
The owner of a pharmacy or any person who purchases a controlled substance upon federal order forms as required pursuant to the provisions of the...
- California Health and Safety Code Section 11206
Filed prescriptions shall constitute a transaction record that, together with information that is readily retrievable in the pharmacy pursuant to Section 11164 shall show or...
- California Health and Safety Code Section 11207
(a) No person other than a pharmacist as defined in Section 4036 of the Business and Professions Code or an intern pharmacist, as defined in...
- California Health and Safety Code Section 11208
In a prosecution under this division, proof that a defendant received or has had in his possession at any time a greater amount of controlled...
- California Health and Safety Code Section 11209
(a) No person shall deliver Schedule II, III, or IV controlled substances to a pharmacy or pharmacy receiving area, nor shall any person receive controlled...
- California Health and Safety Code Section 11210
A physician, surgeon, dentist, veterinarian, naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or podiatrist, or pharmacist acting within the...
- California Health and Safety Code Section 11211
In order to provide a supply of controlled substances as may be necessary to handle emergency cases, any hospital which does not employ a resident...
- California Health and Safety Code Section 11212
Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, may lawfully...
- California Health and Safety Code Section 11213
Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, may lawfully...
- California Health and Safety Code Section 11209
(a) No person shall deliver Schedule II, III, or IV controlled substances to a pharmacy or pharmacy receiving area, nor shall any person receive controlled...
- California Health and Safety Code Section 11215
(a) Except as provided in subdivision (b), any narcotic controlled substance employed in treating an addict for addiction shall be administered by: (1) A physician...
- California Health and Safety Code Section 11217
No person shall treat an addict for addiction to a narcotic drug except in one of the following: (a) An institution approved by the State...
- California Health and Safety Code Section 11217.5
Notwithstanding the provisions of Section 11217, a licensed physician and surgeon may treat an addict for addiction in any office or medical facility which, in...
- California Health and Safety Code Section 11218
A physician treating an addict for addiction may not prescribe for or furnish to the addict more than any one of the following amounts of...
- California Health and Safety Code Section 11219
After 15 days of treatment, the physician may not prescribe for or furnish to the addict more than any one of the following amounts of...
- California Health and Safety Code Section 11220
At the end of 30 days from the first treatment, the prescribing or furnishing of controlled substances, except methadone or LAAM, shall be discontinued.
- California Health and Safety Code Section 11222
In any case in which a person is taken into custody by arrest or other process of law and is lodged in a jail or...
- California Health and Safety Code Section 11223
Notwithstanding any other provision of law, a physician and surgeon who is registered with the federal Attorney General pursuant to Section 823(g) of Title 21...
- California Health and Safety Code Section 11240
No veterinarian shall prescribe, administer, or furnish a controlled substance for himself or any other human being.
- California Health and Safety Code Section 11241
A prescription written by a veterinarian shall state the kind of animal for which ordered and the name and address of the owner or person...
- California Health and Safety Code Section 11250
(a) No prescription is required in case of the sale of controlled substances at retail in pharmacies by pharmacists to any of the following: (1)...
- California Health and Safety Code Section 11251
No prescription is required in case of sales at wholesale by pharmacies, jobbers, wholesalers, and manufacturers to any of the following: (a) Pharmacies as defined...
- California Health and Safety Code Section 11252
All wholesale jobbers, wholesalers, and manufacturers, mentioned in this division shall keep, in a manner readily accessible, the written orders or blank forms required to...
- California Health and Safety Code Section 11253
The written orders or blank forms shall be preserved for at least three years after the date of the last entry made.
- California Health and Safety Code Section 11255
The taking of any order, or making of any contract or agreement, by any traveling representative or employee of any person for future delivery in...
- California Health and Safety Code Section 11256
Within 24 hours after any purchaser in this state gives any order for a controlled substance classified in Schedule II to, or makes any contract...
- California Health and Safety Code Section 11350
(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1)...
- California Health and Safety Code Section 11351
Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in...
- California Health and Safety Code Section 11351.5
Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base which is specified in...
- California Health and Safety Code Section 11352
(a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to...
- California Health and Safety Code Section 11352.1
(a) The Legislature hereby declares that the dispensing and furnishing of prescription drugs, controlled substances, and dangerous drugs or dangerous devices without a license poses...
- California Health and Safety Code Section 11352.5
The court shall impose a fine not exceeding fifty thousand dollars ($50,000), in the absence of a finding that the defendant would be incapable of...
- California Health and Safety Code Section 11353
Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that...
- California Health and Safety Code Section 11353.1
(a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11353, in...
- California Health and Safety Code Section 11353.4
(a) Any person 18 years of age or older who is convicted for a second or subsequent time of violating Section 11353, as that section...
- California Health and Safety Code Section 11353.5
Except as authorized by law, any person 18 years of age or older who unlawfully prepares for sale upon school grounds or a public playground,...
- California Health and Safety Code Section 11353.6
(a) This section shall be known, and may be cited, as the Juvenile Drug Trafficking and Schoolyard Act of 1988. (b) Any person 18 years...
- California Health and Safety Code Section 11353.7
Except as authorized by law, and except as provided otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to playgrounds situated in a public park,...
- California Health and Safety Code Section 11354
(a) Every person under the age of 18 years who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that...
- California Health and Safety Code Section 11355
Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give (1) any controlled substance specified in subdivision...
- California Health and Safety Code Section 11356
As used in this article "felony offense," and "offense punishable as a felony" refer to an offense prior to October 1, 2011, for which the...
- California Health and Safety Code Section 11356.5
(a) Any person convicted of a violation of Section 11351, 11352, 11379.5, or 11379.6 insofar as the latter section relates to phencyclidine or any of...
- California Health and Safety Code Section 11357
(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period...
- California Health and Safety Code Section 11357.5
(a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale...
- California Health and Safety Code Section 11358
Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by...
- California Health and Safety Code Section 11359
Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section...
- California Health and Safety Code Section 11360
(a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or...
- California Health and Safety Code Section 11361
(a) Every person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for...
- California Health and Safety Code Section 11361.5
(a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code,...
- California Health and Safety Code Section 11361.7
(a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a...
- California Health and Safety Code Section 11362
As used in this article "felony offense," and offense "punishable as a felony" refer to an offense prior to July 1, 2011, for which the...
- California Health and Safety Code Section 11362.5
(a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of...
- California Health and Safety Code Section 11362.9
(a) (1) It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the...
- California Health and Safety Code Section 11362.7
For purposes of this article, the following definitions shall apply: (a) "Attending physician" means an individual who possesses a license in good standing to practice...
- California Health and Safety Code Section 11362.71
(a) (1) The department shall establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy the requirements of...
- California Health and Safety Code Section 11362.715
(a) A person who seeks an identification card shall pay the fee, as provided in Section 11362.755, and provide all of the following to the...
- California Health and Safety Code Section 11362.72
(a) Within 30 days of receipt of an application for an identification card, a county health department or the county's designee shall do all of...
- California Health and Safety Code Section 11362.735
(a) An identification card issued by the county health department shall be serially numbered and shall contain all of the following: (1) A unique user...
- California Health and Safety Code Section 11362.74
(a) The county health department or the county's designee may deny an application only for any of the following reasons: (1) The applicant did not...
- California Health and Safety Code Section 11362.745
(a) An identification card shall be valid for a period of one year. (b) Upon annual renewal of an identification card, the county health department...
- California Health and Safety Code Section 11362.755
(a) The department shall establish application and renewal fees for persons seeking to obtain or renew identification cards that are sufficient to cover the expenses...
- California Health and Safety Code Section 11362.76
(a) A person who possesses an identification card shall: (1) Within seven days, notify the county health department or the county's designee of any change...
- California Health and Safety Code Section 11362.765
(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability...
- California Health and Safety Code Section 11362.768
(a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765. (b) No medical marijuana cooperative, collective, dispensary, operator, establishment, or provider...
- California Health and Safety Code Section 11362.77
(a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient...
- California Health and Safety Code Section 11362.775
Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State...
- California Health and Safety Code Section 11362.78
A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department unless the state or...
- California Health and Safety Code Section 11362.785
(a) Nothing in this article shall require any accommodation of any medical use of marijuana on the property or premises of any place of employment...
- California Health and Safety Code Section 11362.79
Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any...
- California Health and Safety Code Section 11362.795
(a) (1) Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she...
- California Health and Safety Code Section 11362.8
No professional licensing board may impose a civil penalty or take other disciplinary action against a licensee based solely on the fact that the licensee...
- California Health and Safety Code Section 11362.81
(a) A person specified in subdivision (b) shall be subject to the following penalties: (1) For the first offense, imprisonment in the county jail for...
- California Health and Safety Code Section 11362.82
If any section, subdivision, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent...
- California Health and Safety Code Section 11362.83
Nothing in this article shall prevent a city or other local governing body from adopting and enforcing any of the following: (a) Adopting local ordinances...
- California Health and Safety Code Section 11363
Every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora, also known as peyote, or any part thereof shall be...
- California Health and Safety Code Section 11364
(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled...
- California Health and Safety Code Section 11364.1
(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled...
- California Health and Safety Code Section 11364.5
(a) Except as authorized by law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered...
- California Health and Safety Code Section 11364.7
(a) Except as authorized by law, any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the...
- California Health and Safety Code Section 11365
(a) It is unlawful to visit or to be in any room or place where any controlled substances which are specified in subdivision (b), (c),...
- California Health and Safety Code Section 11366
Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is (1) specified...
- California Health and Safety Code Section 11366.5
(a) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee,...
- California Health and Safety Code Section 11366.6
Any person who utilizes a building, room, space, or enclosure specifically designed to suppress law enforcement entry in order to sell, manufacture, or possess for...
- California Health and Safety Code Section 11366.7
(a) This section shall apply to the following: (1) Any chemical or drug. (2) Any laboratory apparatus or device. (b) Any retailer or wholesaler who...
- California Health and Safety Code Section 11366.8
(a) Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport a controlled substance within the...
- California Health and Safety Code Section 11367
All duly authorized peace officers, while investigating violations of this division in performance of their official duties, and any person working under their immediate direction,...
- California Health and Safety Code Section 11367.5
(a) Any sheriff, chief of police, the Chief of the Bureau of Narcotic Enforcement, or the Commissioner of the California Highway Patrol, or a designee...
- California Health and Safety Code Section 11368
Every person who forges or alters a prescription or who issues or utters an altered prescription, or who issues or utters a prescription bearing a...
- California Health and Safety Code Section 11369
When there is reason to believe that any person arrested for a violation of Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360, 11361,...
- California Health and Safety Code Section 11370
(a) Any person convicted of violating Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360, 11361, 11363, 11366, or 11368, or of committing any...
- California Health and Safety Code Section 11370.1
(a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base,...
- California Health and Safety Code Section 11370.2
(a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 shall receive, in addition to any...
- California Health and Safety Code Section 11370.4
(a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing...
- California Health and Safety Code Section 11370.6
(a) Every person who possesses any moneys or negotiable instruments in excess of one hundred thousand dollars ($100,000) which have been obtained as the result...
- California Health and Safety Code Section 11370.9
(a) It is unlawful for any person knowingly to receive or acquire proceeds, or engage in a transaction involving proceeds, known to be derived from...
- California Health and Safety Code Section 11371
Any person who shall knowingly violate any of the provisions of Section 11153, 11154, 11155, or 11156 with respect to (1) a controlled substance specified...
- California Health and Safety Code Section 11371.1
Any person who shall knowingly violate any of the provisions of Section 11173 or 11174 with respect to (1) a controlled substance specified in subdivision...
- California Health and Safety Code Section 11372
(a) In addition to the term of imprisonment provided by law for persons convicted of violating Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360,...
- California Health and Safety Code Section 11372.5
(a) Every person who is convicted of a violation of Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364, 11368, 11375, 11377, 11378,...
- California Health and Safety Code Section 11372.7
(a) Except as otherwise provided in subdivision (b) or (e), each person who is convicted of a violation of this chapter shall pay a drug...
- California Health and Safety Code Section 11373
(a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled...
- California Health and Safety Code Section 11374
Every person who violates or fails to comply with any provision of this division, except one for which a penalty is otherwise in this division...
- California Health and Safety Code Section 11374.5
(a) Any manufacturer of a controlled substance who disposes of any hazardous substance that is a controlled substance or a chemical used in, or is...
- California Health and Safety Code Section 11375
(a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. (b) (1) Every person...
- California Health and Safety Code Section 11375
(a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. (b) (1) Every person...
- California Health and Safety Code Section 11375.5
(a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, any synthetic stimulant compound...
- California Health and Safety Code Section 11376
Upon the diversion or conviction of a person for any offense involving substance abuse, the court may require, in addition to any or all other...
- California Health and Safety Code Section 11377
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of...
- California Health and Safety Code Section 11378
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person...
- California Health and Safety Code Section 11378.5
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person...
- California Health and Safety Code Section 11379
(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business...
- California Health and Safety Code Section 11379.2
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person...
- California Health and Safety Code Section 11379.5
(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business...
- California Health and Safety Code Section 11379.6
(a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction...
- California Health and Safety Code Section 11379.7
(a) Except as provided in subdivision (b), any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an...
- California Health and Safety Code Section 11379.8
(a) Any person convicted of a violation of subdivision (a) of Section 11379.6, or of a conspiracy to violate subdivision (a) of Section 11379.6, with...
- California Health and Safety Code Section 11379.9
(a) Except as provided by Section 11379.7, any person convicted of a violation of, or of an attempt to violate, subdivision (a) of Section 11379.6...
- California Health and Safety Code Section 11380
(a) Every person 18 years of age or over who violates any provision of this chapter involving controlled substances which are (1) classified in Schedule...
- California Health and Safety Code Section 11380.1
(a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11380, in...
- California Health and Safety Code Section 11380.7
(a) Notwithstanding any other provision of law, any person who is convicted of trafficking in heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), or of...
- California Health and Safety Code Section 11381
As used in this article "felony offense" and offense "punishable as a felony" refer to an offense prior to October 1, 2011, for which the...
- California Health and Safety Code Section 11382
Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance which is (a) classified...
- California Health and Safety Code Section 11382.5
All controlled substances in Schedules I, II, III, IV, and V, in solid or capsule form, except for such controlled substances in the possession or...
- California Health and Safety Code Section 11383
(a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing...
- California Health and Safety Code Section 11383.5
(a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine, or who possesses both ethylamine...
- California Health and Safety Code Section 11383.6
(a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing...
- California Health and Safety Code Section 11383.7
(a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to sell, transfer, or otherwise furnish those chemicals...
- California Health and Safety Code Section 11384
The Board of Pharmacy shall, by regulation, authorize such persons to possess any combinations of substance specified in subdivision (a) or (b) of Section 11383...
- California Health and Safety Code Section 11390
Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d)...
- California Health and Safety Code Section 11391
Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this...
- California Health and Safety Code Section 11392
Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research,...
- California Health and Safety Code Section 11400
The Legislature finds and declares that the laws of this state which prohibit the possession, possession for sale, offer for sale, sale, manufacturing, and transportation...
- California Health and Safety Code Section 11401
(a) A controlled substance analog shall, for the purposes of Chapter 6 (commencing with Section 11350), be treated the same as the controlled substance classified...
- California Health and Safety Code Section 11450
The Attorney General may, in conformity with the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government...
- California Health and Safety Code Section 11454
The Attorney General and the agents appointed by him, when authorized so to do by the Attorney General, may expend such sums as the Attorney...
- California Health and Safety Code Section 11469
In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of property under this chapter, the Legislature hereby establishes the...
- California Health and Safety Code Section 11470
The following are subject to forfeiture: (a) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this division. (b) All...
- California Health and Safety Code Section 11470.1
(a) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to, any controlled substance or its precursors shall be recoverable from: (1)...
- California Health and Safety Code Section 11470.2
(a) In lieu of a civil action for the recovery of expenses as provided in Section 11470.1, the prosecuting attorney in a criminal proceeding may,...
- California Health and Safety Code Section 11470.3
(a) Section 11470 shall be applicable to property owned by, or in the possession of, minors. (b) The procedures for the forfeiture of property that...
- California Health and Safety Code Section 11470.4
The provisions of this chapter apply to any minor who has been found to be a person described in Section 602 of the Welfare and...
- California Health and Safety Code Section 11471
Property subject to forfeiture under this division may be seized by any peace officer upon process issued by any court having jurisdiction over the property....
- California Health and Safety Code Section 11471.5
A peace officer making a seizure pursuant to Section 11471 shall notify the Franchise Tax Board where there is reasonable cause to believe that the...
- California Health and Safety Code Section 11472
Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance, which are possessed in violation of this...
- California Health and Safety Code Section 11473
(a) All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes, as specified in subdivision (e) of Section 11470, or seizures...
- California Health and Safety Code Section 11473.5
(a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city,...
- California Health and Safety Code Section 11474
A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried out...
- California Health and Safety Code Section 11475
Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this division are contraband and shall be...
- California Health and Safety Code Section 11476
Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this...
- California Health and Safety Code Section 11477
The failure, upon demand by a peace officer of the person in occupancy or in control of land or premises upon which the species of...
- California Health and Safety Code Section 11478
Marijuana may be provided by the Attorney General to the heads of research projects which have been registered by the Attorney General, and which have...
- California Health and Safety Code Section 11479
Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected controlled substance, that amount in excess of...
- California Health and Safety Code Section 11479.1
(a) Notwithstanding the provisions of Sections 11473, 11473.5, and 11479, at any time after seizure by a law enforcement agency and identification by a forensic...
- California Health and Safety Code Section 11479.2
Notwithstanding the provisions of Sections 11473, 11473.5, 11474, 11479, and 11479.1, at any time after seizure by a law enforcement agency of a suspected controlled...
- California Health and Safety Code Section 11479.5
(a) Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected hazardous chemical, the chemical's container, or...
- California Health and Safety Code Section 11480
The Legislature finds that there is a need to encourage further research into the nature and effects of marijuana and hallucinogenic drugs and to coordinate...
- California Health and Safety Code Section 11481
The Research Advisory Panel may hold hearings on, and in other ways study, research projects concerning the treatment of abuse of controlled substances. The panel...
- California Health and Safety Code Section 11483
No provision of this division shall be construed to prohibit the establishment and effective operation of a narcotic treatment program licensed pursuant to Article 4...
- California Health and Safety Code Section 11485
Any peace officer of this state who, incident to a search under a search warrant issued for a violation of Section 11358 with respect to...
- California Health and Safety Code Section 11488
(a) Any peace officer of this state, subsequent to making or attempting to make an arrest for a violation of Section 11351, 11351.5, 11352, 11355,...
- California Health and Safety Code Section 11488.1
Property seized pursuant to Section 11488 may, where appropriate, be held for evidence. The Attorney General or the district attorney for the jurisdiction involved shall...
- California Health and Safety Code Section 11488.2
Within 15 days after the seizure, if the peace officer does not hold the property seized pursuant to Section 11488 for evidence or if the...
- California Health and Safety Code Section 11488.4
(a) Except as provided in subdivision (j), if the Department of Justice or the local governmental entity determines that the factual circumstances do warrant that...
- California Health and Safety Code Section 11488.5
(a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the...
- California Health and Safety Code Section 11488.6
(a) If the court or jury at the forfeiture hearing finds that the property is forfeitable pursuant to Section 11470, but does not find that...
- California Health and Safety Code Section 11489
Notwithstanding Section 11502 and except as otherwise provided in Section 11473, in all cases where the property is seized pursuant to this chapter and forfeited...
- California Health and Safety Code Section 11490
The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not apply to a common carrier, or to an employee acting...
- California Health and Safety Code Section 11491
Nothing in this chapter shall be construed to extend or change decisional law as it relates to the topic of search and seizure.
- California Health and Safety Code Section 11492
(a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders...
- California Health and Safety Code Section 11493
There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal Offender Fund. The fund shall be administered by an advisory...
- California Health and Safety Code Section 11494
In the case of any property seized or forfeiture proceeding initiated before January 1, 1994, the proceeding to forfeit the property and the distribution of...
- California Health and Safety Code Section 11495
(a) The funds received by the law enforcement agencies under Section 11489 shall be deposited into an account maintained by the Controller, county auditor, or...
- California Health and Safety Code Section 11500
The district attorney, or any person designated by him, of the county in which any violation of this division is committed shall conduct all actions...
- California Health and Safety Code Section 11501
The State of California, or any political subdivision thereof, may maintain an action against any person or persons engaged in the unlawful sale of controlled...
- California Health and Safety Code Section 11502
(a) All moneys, forfeited bail, or fines received by any court under this division shall as soon as practicable after the receipt thereof be deposited...
- California Health and Safety Code Section 11503
Judges and magistrates who collect fines or forfeitures under this division shall keep a record thereof, and, upon the imposition of any such fine or...
- California Health and Safety Code Section 11504
When an imprisonment has been imposed for a violation of this division, and before the termination of the sentence, the defendant is released by the...
- California Health and Safety Code Section 11505
Whenever a fine has been imposed for violation of this division, and before the full payment of the fine a sentence of imprisonment is imposed...
- California Health and Safety Code Section 11506
The State Controller shall check the reports and records received by him with the transmittals of fines and forfeitures and whenever it appears that fines...
- California Health and Safety Code Section 11507
The official bond of any judge or magistrate is liable for his failure to transmit the fines or forfeitures imposed by him under this division.
- California Health and Safety Code Section 11508
The records kept by a judge or magistrate under this division are open to public inspection, and may be checked by the State Controller, the...
- California Health and Safety Code Section 11530
As used in this subdivision, the following terms have the following meanings: (a) "Loiter" means to delay or linger without a lawful purpose for being...
- California Health and Safety Code Section 11532
(a) It is unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the...
- California Health and Safety Code Section 11534
If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent...
- California Health and Safety Code Section 11536
A violation of any provision of this chapter is a misdemeanor.
- California Health and Safety Code Section 11538
Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter. Where local laws duplicate or supplement...
- California Health and Safety Code Section 11545
The Legislature hereby finds and declares that licensed physicians, experienced in the treatment of addiction, should be allowed and encouraged to treat addiction by all...
- California Health and Safety Code Section 11550
(a) No person shall use, or be under the influence of any controlled substance which is (1) specified in subdivision (b), (c), or (e), or...
- California Health and Safety Code Section 11551
(a) Whenever any court in this state grants probation to a person who the court has reason to believe is or has been a user...
- California Health and Safety Code Section 11552
In any case in which a person has been arrested for a criminal offense and is suspected of being addicted to a controlled substance, a...
- California Health and Safety Code Section 11553
The fact that a person is or has been, or is suspected of being, a user of marijuana is not alone sufficient grounds upon which...
- California Health and Safety Code Section 11554
The rehabilitation of persons addicted to controlled substances and the prevention of continued addiction to controlled substances is a matter of statewide concern. It is...
- California Health and Safety Code Section 11555
The Attorney General is directed to promote and sponsor the use by agencies of local government of the provisions of this article. The Attorney General...
- California Health and Safety Code Section 11560
The Department of Corrections and the Department of the Youth Authority are authorized to establish substance abuse treatment control units in state correctional facilities or...
- California Health and Safety Code Section 11561
When the parole authority concludes that there are reasonable grounds for believing that a person on parole is addicted or habituated to, or is in...
- California Health and Safety Code Section 11562
When the Youth Authority concludes that there are reasonable grounds for believing that a person committed to its custody, and on parole, is addicted or...
- California Health and Safety Code Section 11563
When the parole authority concludes that there are reasonable grounds for believing that a woman on parole is addicted or habituated to, or is in...
- California Health and Safety Code Section 11564
The authority granted to the parole authority and to the Department of the Youth Authority in no way limits Sections 3060 and 3325 of the...
- California Health and Safety Code Section 11565
For purposes of this article, "parole authority" has the same meaning as described in Section 3000 of the Penal Code.
- California Health and Safety Code Section 11570
Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified...
- California Health and Safety Code Section 11571
If there is reason to believe that a nuisance, as described in Section 11570, is kept, maintained, or exists in any county, the district attorney...
- California Health and Safety Code Section 11571.1
(a) Nothing in this article shall prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement. Where...
- California Health and Safety Code Section 11571.5
For purposes of this article, an action to abate a nuisance may be taken by the city attorney or city prosecutor of the city within...
- California Health and Safety Code Section 11572
Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.
- California Health and Safety Code Section 11573
(a) If the existence of the nuisance is shown in the action to the satisfaction of the court or judge, either by verified complaint or...
- California Health and Safety Code Section 11573.5
(a) At the time of application for issuance of a temporary restraining order or injunction pursuant to Section 11573, if proof of the existence of...
- California Health and Safety Code Section 11574
On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant...
- California Health and Safety Code Section 11575
The action shall have precedence over all other actions, except criminal proceedings, election contests, hearings on injunctions, and actions to forfeit vehicles under this division.
- California Health and Safety Code Section 11575.5
In any action for abatement instituted pursuant to this article, all evidence otherwise authorized by law, including evidence of reputation in a community, as provided...
- California Health and Safety Code Section 11576
If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement...
- California Health and Safety Code Section 11577
In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute...
- California Health and Safety Code Section 11578
If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, the costs shall...
- California Health and Safety Code Section 11579
If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the...
- California Health and Safety Code Section 11580
A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than...
- California Health and Safety Code Section 11581
(a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment,...
- California Health and Safety Code Section 11582
While the order of abatement remains in effect, the building or place is in the custody of the court.
- California Health and Safety Code Section 11583
For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he would for levying upon and...
- California Health and Safety Code Section 11584
The proceeds of the sale of the movable property shall be applied as follows: First--To the fees and costs of the removal and sale. Second--To...
- California Health and Safety Code Section 11585
If the proceeds of the sale of the movable property do not fully discharge all of the costs, fees, and allowances, the building and place...
- California Health and Safety Code Section 11586
(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays...
- California Health and Safety Code Section 11587
Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any...
- California Health and Safety Code Section 11590
(a) Except as provided in subdivisions (c) and (d), any person who is convicted in the State of California of any offense defined in Section...
- California Health and Safety Code Section 11590
(a) Except as provided in subdivisions (c) and (d), any person who is convicted in the State of California of any offense defined in Section...
- California Health and Safety Code Section 11591
Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the controlled substance offenses enumerated in...
- California Health and Safety Code Section 11591.5
Every sheriff or chief of police, upon the arrest for any of the controlled substance offenses enumerated in Section 11590, or Section 11364, insofar as...
- California Health and Safety Code Section 11592
Any person who, on or after the effective date of this section is discharged or paroled from a jail, prison, school, road camp, or other...
- California Health and Safety Code Section 11593
Any person who, on or after the effective date of this section is convicted in the State of California of the commission or attempt to...
- California Health and Safety Code Section 11594
The registration required by Section 11590 shall consist of (a) a statement in writing signed by such person, giving such information as may be required...
- California Health and Safety Code Section 11595
The provisions of former Article 6 (commencing with Section 1850) of Chapter 7 of Division 10 of this code, which is repealed by the act...
- California Health and Safety Code Section 11600
The Attorney General, the Board of Pharmacy, and other agencies shall carry out educational programs designed to prevent and deter misuse and abuse of controlled...
- California Health and Safety Code Section 11601
The Attorney General shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of...
- California Health and Safety Code Section 11602
The Attorney General may enter into contracts for educational and research activities without performance bonds.
- California Health and Safety Code Section 11603
The Attorney General, with the approval of the Research Advisory Panel, may authorize persons engaged in research on the use and effects of controlled substances...
- California Health and Safety Code Section 11604
The Attorney General, with the approval of the Research Advisory Panel, may authorize the possession and distribution of controlled substances by persons engaged in research....
- California Health and Safety Code Section 11605
(a) Commencing with the 1991-92 fiscal year, the Attorney General, in consultation with the Governor's Policy Council on Alcohol and Drug Abuse, shall conduct a...
- California Health and Safety Code Section 11640
The Legislature finds and declares that there has been a recent and rapid expansion in clandestine laboratories illegally producing a variety of controlled substances. These...
- California Health and Safety Code Section 11641
The Department of Justice shall establish a Clandestine Laboratory Enforcement Program to assist state and local law enforcement and prosecutorial agencies in apprehending and prosecuting...
- California Health and Safety Code Section 11642
(a) To the extent moneys are available therefor, the Controller, in accordance with criteria and procedures which shall be adopted by the Department of Justice,...
- California Health and Safety Code Section 11643
To the extent moneys are available therefor, the Bureau of Narcotic Enforcement in the Department of Justice shall do the following: (a) In cooperation with...
- California Health and Safety Code Section 11644
To the extent moneys are available therefor, the Crime Prevention Center of the Department of Justice shall prepare and disseminate informational materials on the unique...
- California Health and Safety Code Section 11646
The Attorney General shall adopt rules and regulations for the administration and enforcement of this chapter.
- California Health and Safety Code Section 11647
(a) The Crank-Up Task Force Program is hereby created within the Department of Justice as part of the Clandestine Laboratory Enforcement Program with responsibility for...
- California Health and Safety Code Section 11650
(a) Prosecution for any violation of law occurring prior to the effective date of this division is not affected or abated by this division. If...
- California Health and Safety Code Section 11651
Any orders and regulations promulgated pursuant to any law affected by this division and in effect on the effective date of this division, not in...
- California Health and Safety Code Section 11700
This division shall be known and may be cited as the Drug Dealer Liability Act.
- California Health and Safety Code Section 11701
The purpose of this division is to provide a civil remedy for damages to persons in a community injured as a result of the use...
- California Health and Safety Code Section 11702
The Legislature finds and declares all of the following: (a) Although the criminal justice system is an important weapon against the marketing of illegal controlled...
- California Health and Safety Code Section 11703
As used in this division: (a) "Marketing of illegal controlled substances" means the possession for sale, sale, or distribution of a specified illegal controlled substance,...
- California Health and Safety Code Section 11704
(a) A person who knowingly participates in the marketing of illegal controlled substances within this state is liable for civil damages as provided in this...
- California Health and Safety Code Section 11705
(a) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal controlled substance:...
- California Health and Safety Code Section 11706
(a) An individual user of an illegal controlled substance may not bring an action for damages caused by the use of an illegal controlled substance,...
- California Health and Safety Code Section 11707
(a) A third party shall not pay damages awarded under this division, or provide a defense or money for a defense, on behalf of an...
- California Health and Safety Code Section 11708
A person, whose participation in the marketing of illegal controlled substances constitutes the following level offense, shall be rebuttably presumed to be responsible in the...
- California Health and Safety Code Section 11709
(a) Two or more persons may join in one action under this division as plaintiffs if their respective actions have at least one market for...
- California Health and Safety Code Section 11710
(a) An action by an individual user of an illegal controlled substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to the...
- California Health and Safety Code Section 11711
A person subject to liability under this division has a right of action for contribution against another person subject to liability under this division. Contribution...
- California Health and Safety Code Section 11712
(a) Proof of liability in an action brought under this division shall be shown by clear and convincing evidence. Except as otherwise provided in this...
- California Health and Safety Code Section 11713
(a) A plaintiff under this division, subject to subdivision (c), may request an ex parte prejudgment attachment order from the court against all assets of...
- California Health and Safety Code Section 11714
(a) Except as otherwise provided in this section, a claim under this division shall not be brought more than one year after the defendant furnishes...
- California Health and Safety Code Section 11715
On motion by a governmental agency involved in an investigation or prosecution involving an illegal controlled substance, an action brought under this division shall be...
- California Health and Safety Code Section 11716
No cause of action shall arise based on any act by a defendant which occurred prior to the effective date of this division.
- California Health and Safety Code Section 11717
If any provision of this division or the application of any provision to any person or circumstance is held invalid, the remainder of this division...
- California Health and Safety Code Section 11750
There is in state government in the California Health and Human Services Agency a State Department of Alcohol and Drug Programs.
- California Health and Safety Code Section 11751
The State Department of Alcohol and Drug Programs is under the control of an executive officer known as the Director of Alcohol and Drug Programs,...
- California Health and Safety Code Section 11751.1
The Director of Alcohol and Drug Programs shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150)...
- California Health and Safety Code Section 11751.2
There is in the State Department of Alcohol and Drug Programs any divisions as established by the department to the extent authorized by existing law.
- California Health and Safety Code Section 11751.4
It is the intent of the Legislature to ensure the integrity of state alcohol and drug programs.
- California Health and Safety Code Section 11751.9
All officers or employees of the State Department of Alcohol and Drug Programs shall be appointed by the Director of Alcohol and Drug Programs.
- California Health and Safety Code Section 11752
As used in this division, "department" means the State Department of Alcohol and Drug Programs and "director" means the Director of the State Department of...
- California Health and Safety Code Section 11752.1
(a) "County board of supervisors" includes county boards of supervisors in the case of counties acting jointly. (b) "Agency" means the California Health and Human...
- California Health and Safety Code Section 11754
(a) The department shall be the single state agency authorized to receive any federal funds payable directly to the state by the Substance Abuse and...
- California Health and Safety Code Section 11755
The department shall do all of the following: (a) Adopt regulations pursuant to Section 11152 of the Government Code. (b) Employ administrative, technical, and other...
- California Health and Safety Code Section 11755.2
(a) The department may implement a program for the establishment of group homes for alcohol and other drug abusers as provided for in Section 300x-4a...
- California Health and Safety Code Section 11756
The department relative to the statewide alcohol and other drug program, in addition to the duties provided for in Section 11755, shall do all of...
- California Health and Safety Code Section 11756.8
The department shall provide semiannual updates to the Legislature on its progress in implementing the systems of care redesign project, including, but not limited to,...
- California Health and Safety Code Section 11757.50
This chapter shall be known and may be cited as the Alcohol and Drug Affected Mothers and Infants Act of 1990.
- California Health and Safety Code Section 11757.51
The Legislature finds and declares the following: (a) Many infants affected by alcohol or other drugs require neonatal intensive care because of low birth weight,...
- California Health and Safety Code Section 11757.53
(a) The Office of Perinatal Substance Abuse is hereby established within the State Department of Alcohol and Drug Programs. For purposes of this chapter, "office"...
- California Health and Safety Code Section 11757.57
(a) The office may provide or contract for training regarding alcohol and other drug dependency to providers of health, social, educational, and support services to...
- California Health and Safety Code Section 11757.59
(a) Funds distributed under this chapter shall be used by counties to fund residential and nonresidential alcohol and other drug treatment programs for pregnant women,...
- California Health and Safety Code Section 11757.61
(a) Any county that receives funds distributed under this chapter may establish a perinatal coordinating council that consists of persons who are experts in the...
- California Health and Safety Code Section 11758
The definitions contained in this chapter shall govern the construction of this chapter, unless the context requires otherwise.
- California Health and Safety Code Section 11758.03
"Department" means the State Department of Alcohol and Drug Programs.
- California Health and Safety Code Section 11758.06
(a) On or before July 1, 2004, and on or before January 1, 2009, as specified in subdivision (c), the department shall place on its...
- California Health and Safety Code Section 11758.10
(a) (1) Within 60 days after notification of the final allocation of each fiscal year pursuant to Section 11814, the board of supervisors of each...
- California Health and Safety Code Section 11758.12
(a) A negotiated net amount, for the purposes of this chapter, shall be determined by calculating the total budget for services less the amount of...
- California Health and Safety Code Section 11758.13
The terms of a negotiated net amount contract shall contain a provision defining and expanding upon dedicated capacity. At a minimum "dedicated capacity" shall be...
- California Health and Safety Code Section 11758.20
(a) The department shall negotiate net amount contracts with each county that requests to participate, in lieu of county plans, budgets, and reports. (b) The...
- California Health and Safety Code Section 11758.23
(a) The department and counties shall calculate the negotiated net amount, for the purposes of Section 11758.20, by calculating the total budget for services less...
- California Health and Safety Code Section 11758.25
(a) Performance requirements shall be included within the terms of the negotiated net amount contract and shall include, at a minimum, all of the following:...
- California Health and Safety Code Section 11758.29
(a) A county with an executed negotiated net amount contract shall bear the financial risk in providing any alcohol or other drug services to the...
- California Health and Safety Code Section 11758.40
Notwithstanding subdivision (c) of Section 11758.23, the department may enter into a Medi-Cal Drug Treatment Program contract with each county for the provision of services...
- California Health and Safety Code Section 11758.42
(a) For purposes of this chapter, "LAAM" means levoalphacetylmethadol. (b) (1) The department shall establish a narcotic replacement therapy dosing fee for methadone and LAAM....
- California Health and Safety Code Section 11758.421
(a) (1) The Legislature finds and declares all of the following: (A) Medical treatment for indigent patients who are not eligible for Medi-Cal is essential...
- California Health and Safety Code Section 11758.425
A narcotic treatment program provider may use the following instructions and financial evaluation form to comply with the requirements of paragraph (4) of subdivision (c)...
- California Health and Safety Code Section 11758.43
To the extent any county refuses to execute the Medi-Cal Drug Treatment Program contract in accordance with the requirements of federal medicaid and state Medi-Cal...
- California Health and Safety Code Section 11758.44
(a) In addition to narcotic treatment program services, a narcotic treatment program provider who is also enrolled as a Medi-Cal provider, may provide medically necessary...
- California Health and Safety Code Section 11758.45
The department may enter into procurement contracts in accordance with Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public...
- California Health and Safety Code Section 11758.46
(a) For purposes of this section, "drug Medi-Cal services" means all of the following services, administered by the department, and to the extent consistent with...
- California Health and Safety Code Section 11758.47
Service providers may assist Medi-Cal beneficiaries, upon request, to file a fair hearing request in accordance with Chapter 7 (commencing with Section 10950) of Part...
- California Health and Safety Code Section 11759
This act shall be known, and may be cited, as the Adolescent Alcohol and Drug Treatment and Recovery Program Act of 1998.
- California Health and Safety Code Section 11759.1
The department, in collaboration with counties and providers of alcohol and other drug services, shall establish community-based nonresidential and residential recovery programs to intervene and...
- California Health and Safety Code Section 11759.2
The department, in collaboration with counties and providers of alcohol and other drug services, shall establish criteria for participation, programmatic requirements, and terms and conditions...
- California Health and Safety Code Section 11759.3
Nothing in this chapter shall preclude regional approaches to service delivery by counties, including the utilization of community-based nonresidential and residential programs.
- California Health and Safety Code Section 11759.4
Not later than January 1 of each year, the department, in collaboration with the counties and providers of alcohol and other drug services, shall report...
- California Health and Safety Code Section 11760
The Legislature finds and declares that problems related to the inappropriate use of alcoholic beverages and other drug use adversely affect the general welfare of...
- California Health and Safety Code Section 11760.1
The Legislature recognizes that any efforts to address the problems related to inappropriate alcohol use and other drug use are greatly hindered by: (a) The...
- California Health and Safety Code Section 11760.2
The Legislature finds that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use...
- California Health and Safety Code Section 11760.3
The Legislature recognizes that state government's role should be limited for several reasons including, but not restricted to: (a) State government should intervene in the...
- California Health and Safety Code Section 11760.4
(a) The Legislature finds that, in order to utilize effectively the limited state funds available for programs whose purpose is to alleviate the problems related...
- California Health and Safety Code Section 11760.5
(a) The Legislature recognizes that alcohol and other drug abuse should be viewed and treated as a health problem, as well as a law enforcement...
- California Health and Safety Code Section 11760.6
It is the intent of the Legislature that the department encourage the development of high quality, cost-effective services. It is further the intent of the...
- California Health and Safety Code Section 11772
(a) (1) The department may enter into agreements and contracts with any person or public or private agency, corporation, or other legal entity, including contracts...
- California Health and Safety Code Section 11773
(a) Subject to Section 11773.1, the department shall develop and implement a statewide prevention campaign designed to deter the abuse of methamphetamine in California. (b)...
- California Health and Safety Code Section 11773.1
(a) The department may accept voluntary contributions, in cash or in-kind, to pay for the costs of implementing the program under this article. Voluntary contributions...
- California Health and Safety Code Section 11773.2
(a) Notwithstanding Section 11773.1, during the 2006-07 fiscal year, the department may develop and implement a limited campaign to deter the abuse of methamphetamine by...
- California Health and Safety Code Section 11773.3
Any funds that are not expended or encumbered for purposes of this article 730 days after being deposited into the California Methamphetamine Abuse Prevention Account...
- California Health and Safety Code Section 11775
(a) Each year the department shall apply for federal block grant funds from the Alcohol, Drug Abuse, and Mental Health Administration and may expend those...
- California Health and Safety Code Section 11776
The department shall confer and cooperate with other state agencies whose responsibilities include alleviating the problems related to inappropriate alcohol use and other drug use...
- California Health and Safety Code Section 11777
The Legislature, subject to the Governor's approval, has the sole authority under Section 12 of Article IV of the California Constitution to appropriate any funds,...
- California Health and Safety Code Section 11778
It is the intent of the Legislature that the department and the counties maintain a cooperative partnership to assure effective implementation of the provisions of...
- California Health and Safety Code Section 11778.9
It is the intent of the Legislature that the department cooperate closely with individuals and organizations concerned with alleviating problems related to inappropriate alcohol use...
- California Health and Safety Code Section 11781
The Legislature finds and declares all of the following: (a) Federal, state, and local governments have the responsibility and the expressed intent to provide and...
- California Health and Safety Code Section 11781.5
The department shall provide direction to counties and to public and private organizations serving the target populations to increase access to alcohol and other drug...
- California Health and Safety Code Section 11785
The Legislature recognizes the importance of encouraging research to study the biological aspects of, and the social factors contributing to, problems related to the inappropriate...
- California Health and Safety Code Section 11786
The department may enter into contracts for special studies and research to develop the information needed for formulating policies that will reduce the incidence of...
- California Health and Safety Code Section 11787
The department may coordinate task forces and committees of subject-matter experts to assess and document successful practical applications suggested by research.
- California Health and Safety Code Section 11788
The department, with the approval of the Secretary of the Health and Human Services Agency, may contract with any public or private agency for the...
- California Health and Safety Code Section 11789
(a) The department shall be a central information resource on alcohol and other drug abuse prevention and treatment programs and on research projects with respect...
- California Health and Safety Code Section 11790
The department, at the request of the county alcohol and drug program administrator, may assist local community organizations in initiating effective programs to prevent and...
- California Health and Safety Code Section 11791
The department may develop and implement a mass media alcohol and other drug education program involving newspapers, radio, and television in order to provide community...
- California Health and Safety Code Section 11792
(a) The department, in consultation with the State Department of Health Services, shall use existing materials to distribute a brochure on the care and treatment...
- California Health and Safety Code Section 11793
The department may develop an objective program evaluation device or methodology and evaluate state-supported alcohol and other drug abuse prevention and treatment programs.
- California Health and Safety Code Section 11794
The department shall, in consultation with the State Department of Education, screen and evaluate alcohol and other drug abuse books, pamphlets, literature, movies, and other...
- California Health and Safety Code Section 11794.1
It is the intent of the Legislature that the department, in collaboration with the State Department of Health Services and stakeholders in the medical and...
- California Health and Safety Code Section 11795
(a) The board of supervisors of each county may apply to the department for funds for the purpose of alleviating problems in its county related...
- California Health and Safety Code Section 11796
(a) (1) Two or more counties, each with a population of under 200,000, may jointly establish county alcohol and other drug programs pursuant to Article...
- California Health and Safety Code Section 11796.1
Except as provided in subdivision (b) of Section 11812, nothing in this part shall prevent any city or combination of cities from financing and administering...
- California Health and Safety Code Section 11797
(a) Funds allocated to the county pursuant to this part shall be used exclusively for county alcohol and other drug services as identified in the...
- California Health and Safety Code Section 11798
Counties that receive funds shall prepare and submit a county plan, negotiated net amount contract, and Drug Medi-Cal contract, whichever is applicable, that shall include...
- California Health and Safety Code Section 11798.1
(a) Counties shall each develop and operate their alcohol and other drug abuse programs that would otherwise be required under this division, as one coordinated...
- California Health and Safety Code Section 11800
(a) The board of supervisors shall designate a health-related county agency or department that shall administer the county alcohol and other drug program. The board...
- California Health and Safety Code Section 11801
The alcohol and drug program administrator, acting through administrative channels designated pursuant to Section 11795, shall do all of the following: (a) Coordinate and be...
- California Health and Safety Code Section 11802
(a) Money deposited in the county alcohol abuse education and prevention fund pursuant to Section 1463.25 of the Penal Code shall be jointly administered by...
- California Health and Safety Code Section 11805
Each county may have an advisory board on alcohol and other drug problems appointed by the board of supervisors. The advisory board may be independent,...
- California Health and Safety Code Section 11810
It is the intent of the Legislature to provide maximum flexibility in the use of federal and state alcohol and other drug program funds. County...
- California Health and Safety Code Section 11811
Counties shall have broad discretion in the choice of services they utilize to alleviate the alcohol and other drug problems of specific population groups and...
- California Health and Safety Code Section 11811.1
(a) The major purpose of prevention and early intervention activities includes, but is not limited to, all of the following: (1) To facilitate positive change...
- California Health and Safety Code Section 11811.3
In addition to the services described in Section 11811, a county may provide other services or programs pursuant to this section, including, but not limited...
- California Health and Safety Code Section 11811.5
A county may also utilize funds for the following: (a) Planning, program development, and administration by the county. The department shall establish uniform definitions of...
- California Health and Safety Code Section 11811.6
(a) The department shall consult with alcohol and drug program administrators in establishing standards pursuant to Chapter 7 (commencing with Section 11830) and regulations pursuant...
- California Health and Safety Code Section 11811.7
Services financed under this part shall: (a) Be provided on a voluntary basis only, except as provided in Article 1.5 (commencing with Section 5170) of...
- California Health and Safety Code Section 11811.8
The following costs shall not be eligible for state funding pursuant to this part: (a) The costs involved in a peace officer bringing a person...
- California Health and Safety Code Section 11812
The following conditions apply to county expenditures of state funds pursuant to this part: (a) Where the services specified in the approved county plan are...
- California Health and Safety Code Section 11812.6
(a) In addition to any other services authorized under this chapter, the department shall urge the county, in the county plan, to develop within existing...
- California Health and Safety Code Section 11813
Nothing in this part shall prohibit a county from appropriating funds for alcohol and other drug programs and services in addition to the funds allocated...
- California Health and Safety Code Section 11814
(a) The department shall issue allocations to counties for alcohol and other drug programs. (b) In issuing allocations to counties, it is the intent of...
- California Health and Safety Code Section 11817.1
The department may reallocate among counties any savings that occur during the fiscal year in programs or services or any allocations either not applied for...
- California Health and Safety Code Section 11817.3
(a) There shall be an appropriation from the Budget Act to the department to fund programs and services to alleviate problems related to inappropriate alcohol...
- California Health and Safety Code Section 11817.4
Alcohol and other drug service expenditures made by counties pursuant to this part shall be paid by the state pursuant to this part.
- California Health and Safety Code Section 11817.6
Payments or advances of funds to counties or other state agencies, which are properly chargeable to appropriations to the department may be made by a...
- California Health and Safety Code Section 11817.8
(a) It is the intent of the Legislature that the state and the counties work together to minimize audit exceptions. Audit findings as contained in...
- California Health and Safety Code Section 11818
(a) (1) Expenditures made by counties and contract providers that may be paid using appropriated funds subject to payment include salaries of personnel, approved facilities...
- California Health and Safety Code Section 11818.5
(a) Counties shall submit a cost report reflecting the expenditure of funds allocated by the department. An annual cost report for the fiscal year ending...
- California Health and Safety Code Section 11819.1
The Legislature recognizes the need for increased potential for coordination between county alcohol programs and local health system agencies established pursuant to Public Law 93-641....
- California Health and Safety Code Section 11820
The Legislature recognizes the potential positive impact that federal, state, and local health planning agencies can have on the alleviation of alcohol and other drug...
- California Health and Safety Code Section 11820.1
The department shall work together with the Office of Statewide Health Planning and Development and any other statewide health planning agencies created pursuant to Public...
- California Health and Safety Code Section 11825
The department may establish reasonable criteria to evaluate the performance of programs and services that are described in the county plan.
- California Health and Safety Code Section 11826
The department may do all of the following: (a) Review and conduct evaluation studies of service delivery to clients in programs receiving state allocated funds....
- California Health and Safety Code Section 11827
The Legislature recognizes that local program effectiveness may be evaluated in a variety of ways, but should reflect the needs and priorities of the local...
- California Health and Safety Code Section 11828
Each county shall assure the evaluation of all state-funded programs to determine whether they have achieved their objectives as determined in the planning process. In...
- California Health and Safety Code Section 11829
The department may disseminate information about the evaluation projects to all counties and interested persons throughout the state in order to advance the knowledge of...
- California Health and Safety Code Section 11830
The department shall take the following goals and objectives into consideration in the implementation of this chapter: (a) The significance of community-based programs to alcohol...
- California Health and Safety Code Section 11830.1
In order to ensure quality assurance of alcohol and other drug programs and expand the availability of funding resources, the department shall implement a program...
- California Health and Safety Code Section 11830.5
(a) The department, in consultation with the county alcohol and drug program administrators and other interested organizations and individuals, shall develop program standards specific to...
- California Health and Safety Code Section 11831
To the maximum extent possible, a reasonable effort to refer a client to other programs, facilities, or services is encouraged for any program or facility...
- California Health and Safety Code Section 11831.2
The department shall charge a fee for the certification of programs, in accordance with Chapter 7.3 (commencing with Section 11833.01).
- California Health and Safety Code Section 11831.5
(a) Certification shall be granted by the department pursuant to this section to any qualified alcoholism or drug abuse recovery or treatment program, regardless of...
- California Health and Safety Code Section 11832
The department may contract with private individuals or agencies to provide technical assistance and training to qualify programs for state certification.
- California Health and Safety Code Section 11832.1
The department shall encourage the development of educational courses that provide core knowledge concerning alcohol and drug abuse problems and programs to personnel working within...
- California Health and Safety Code Section 11833
The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working...
- California Health and Safety Code Section 11833.01
This chapter applies to all programs, facilities, or services certified pursuant to Chapter 7 (commencing with Section 11830) or licensed pursuant to Chapter 7.5 (commencing...
- California Health and Safety Code Section 11833.02
(a) The department shall charge a fee to all programs for licensure or certification by the department, regardless of the form of organization or ownership...
- California Health and Safety Code Section 11833.03
The Residential and Outpatient Program Licensing Fund is hereby established in the State Treasury. All fees, fines, and penalties collected from residential and outpatient programs...
- California Health and Safety Code Section 11833.04
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2...
- California Health and Safety Code Section 11834.01
The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. (a) In administering this chapter,...
- California Health and Safety Code Section 11834.02
(a) As used in this chapter, "alcoholism or drug abuse recovery or treatment facility" or "facility" means any premises, place, or building that provides 24-hour...
- California Health and Safety Code Section 11834.03
Any person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following: (a) A completed...
- California Health and Safety Code Section 11834.09
(a) Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department's review and determination...
- California Health and Safety Code Section 11834.10
A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license.
- California Health and Safety Code Section 11834.15
The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.
- California Health and Safety Code Section 11834.16
A license shall be valid for a period of two years from the date of issuance. The department may extend the licensure period for subsequent...
- California Health and Safety Code Section 11834.17
No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulations relating to the subject of...
- California Health and Safety Code Section 11834.18
(a) Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed alcoholism or drug abuse recovery or treatment facilities. (b)...
- California Health and Safety Code Section 11834.20
The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient...
- California Health and Safety Code Section 11834.21
Any person licensed under this chapter who operates or proposes to operate an alcoholism or drug abuse recovery or treatment facility, the department or other...
- California Health and Safety Code Section 11834.22
An alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be subject to any business taxes, local registration...
- California Health and Safety Code Section 11834.23
Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be...
- California Health and Safety Code Section 11834.24
No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to an alcoholism or drug abuse recovery or treatment facility...
- California Health and Safety Code Section 11834.25
For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcoholism or...
- California Health and Safety Code Section 11834.26
(a) The licensee shall provide at least one of the following nonmedical services: (1) Recovery services. (2) Treatment services. (3) Detoxification services. (b) The department...
- California Health and Safety Code Section 11834.27
(a) The department shall have the sole authority in state government to establish the appropriate minimum qualifications of the licensee or designated administrator, and the...
- California Health and Safety Code Section 11834.29
Any licensee that provides recovery, treatment, or detoxification services, that is not in compliance with the requirements of this article, shall have one year from...
- California Health and Safety Code Section 11834.30
No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment...
- California Health and Safety Code Section 11834.31
If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the...
- California Health and Safety Code Section 11834.32
(a) The director may bring an action to enjoin the violation of Section 11834.30 in the superior court in and for the county in which...
- California Health and Safety Code Section 11834.34
(a) In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty...
- California Health and Safety Code Section 11834.35
Any employee or agent of the department upon presentation of proper identification, may enter and inspect any building, premises, and records, at a reasonable time,...
- California Health and Safety Code Section 11834.36
(a) The director may suspend or revoke any license issued under this chapter, or deny an application for licensure, for extension of the licensing period,...
- California Health and Safety Code Section 11834.37
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5...
- California Health and Safety Code Section 11834.38
Any license suspended pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.
- California Health and Safety Code Section 11834.39
(a) The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing...
- California Health and Safety Code Section 11834.40
A license shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur: (a) The licensee sells or...
- California Health and Safety Code Section 11834.45
The civil and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination...
- California Health and Safety Code Section 11834.50
The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted only after...
- California Health and Safety Code Section 11835
(a) The purposes of any regulations adopted by the department shall be to implement, interpret, or make specific the provisions of this part and shall...
- California Health and Safety Code Section 11836
(a) The department shall have the sole authority to issue, deny, suspend, or revoke the license of a driving-under-the-influence program. As used in this chapter,...
- California Health and Safety Code Section 11836.10
No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain a driving-under-the-influence program in this state without a...
- California Health and Safety Code Section 11836.11
The department shall require license renewal on a biennial basis.
- California Health and Safety Code Section 11836.12
Criteria for licensure of new or existing programs shall include all of the following: (a) Completion of a written application containing necessary and pertinent information...
- California Health and Safety Code Section 11836.14
An initial license shall not be issued until all requirements identified in this chapter and in regulations adopted pursuant to this chapter have been met.
- California Health and Safety Code Section 11836.15
The department shall adopt regulations to implement this chapter, in accordance with the purposes and process required in Section 11835, which shall include, but not...
- California Health and Safety Code Section 11836.16
The State Department of Alcohol and Drug Programs shall adopt regulations for satellite offices of driving-under-the-influence programs. The regulations shall include, but not be limited...
- California Health and Safety Code Section 11837
(a) Pursuant to the provisions of law relating to suspension of a person's privilege to operate a motor vehicle upon conviction for driving while under...
- California Health and Safety Code Section 11837.1
(a) In utilizing any program described in Section 11837, the court may require periodic reports concerning the performance of each person referred to and participating...
- California Health and Safety Code Section 11837.2
(a) (1) The court may refer persons only to licensed programs. Subject to these provisions, a person is eligible to participate in the program if...
- California Health and Safety Code Section 11837.3
(a) (1) Each county, through the county alcohol and drug program administrator, shall determine its ability to establish, through public or private resources, a program...
- California Health and Safety Code Section 11837.4
(a) No program, regardless of how it is funded, may be licensed unless all of the requirements of this chapter and of the regulations adopted...
- California Health and Safety Code Section 11837.5
(a) No person may participate in any program that has not been licensed by the department pursuant to this chapter. (b) The department shall charge...
- California Health and Safety Code Section 11837.6
(a) The major responsibility for assuring programmatic and fiscal integrity of each program rests with the county alcohol and drug program administrator of each county...
- California Health and Safety Code Section 11837.7
(a) The county alcohol and drug program administrator, or the advisory board acting through the county alcohol and drug program administrator, shall inform the board...
- California Health and Safety Code Section 11837.8
(a) The department shall authorize each county alcohol and drug program administrator to retain, in an amount not in excess of that specified by the...
- California Health and Safety Code Section 11837.9
The participation of the probation department in a program established pursuant to this chapter shall be described in the amendment to the county plan.
- California Health and Safety Code Section 11838
(a) The Legislature encourages all counties to utilize the procedure described in this chapter, but recognizes that it is not feasible for every county to...
- California Health and Safety Code Section 11838.1
The department, in cooperation with the county and the Department of Motor Vehicles, shall establish uniform statewide reporting procedures and forms for the submission of...
- California Health and Safety Code Section 11838.3
(a) The director may bring an action to enjoin any violation of Section 11836.10 in the superior court in and for the county in which...
- California Health and Safety Code Section 11838.4
(a) Notwithstanding any other provision of this chapter, any person who violates Section 11836.10 may be assessed by the department an immediate civil penalty in...
- California Health and Safety Code Section 11838.5
The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any...
- California Health and Safety Code Section 11838.10
The director may suspend or revoke any license issued under this chapter, or deny an application to renew a license or to modify the terms...
- California Health and Safety Code Section 11838.11
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section...
- California Health and Safety Code Section 11839
The department, with the approval of the Secretary of the Health and Human Services Agency, may contract with any public or private agency for the...
- California Health and Safety Code Section 11839.1
The Legislature finds and declares that it is in the best interests of the health and welfare of the people of this state to coordinate...
- California Health and Safety Code Section 11839.2
The following controlled substances are authorized for use in replacement narcotic therapy by licensed narcotic treatment programs: (a) Methadone. (b) Levoalphacetylmethadol (LAAM) as specified in...
- California Health and Safety Code Section 11839.3
(a) In addition to the duties authorized by other statutes, the department shall perform all of the following: (1) License the establishment of narcotic treatment...
- California Health and Safety Code Section 11839.4
The department shall impose a civil penalty of one hundred dollars ($100) per day for a program that fails to timely submit a corrective action...
- California Health and Safety Code Section 11839.5
In addition to the duties authorized by other provisions, the department shall be responsible for licensing narcotic treatment programs to use replacement narcotic therapy in...
- California Health and Safety Code Section 11839.6
(a) The department shall establish a program for the operation and regulation of office-based narcotic treatment programs. An office-based narcotic treatment program established pursuant to...
- California Health and Safety Code Section 11839.7
(a) (1) Each narcotic treatment program authorized to use replacement narcotic therapy in this state, except narcotic treatment research programs approved by the Research Advisory...
- California Health and Safety Code Section 11839.8
The director may deny the application for initial issuance of a license if the applicant or any partner, officer, director, 10 percent or greater shareholder,...
- California Health and Safety Code Section 11839.9
(a) The director shall suspend or revoke any license issued under this article, or deny an application to renew a license or to modify the...
- California Health and Safety Code Section 11839.10
(a) The department shall cease review of an application for a license if either of the following occur: (1) An application for a license indicates,...
- California Health and Safety Code Section 11839.11
A narcotic treatment program license shall automatically terminate if the Substance Abuse and Mental Health Services Administration withdraws or revokes its approval of the program,...
- California Health and Safety Code Section 11839.12
Except as provided in Section 11839.16, proceedings for the suspension, revocation, or denial of a license or cessation of review of a renewal license under...
- California Health and Safety Code Section 11839.13
(a) The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing...
- California Health and Safety Code Section 11839.14
For purposes of this article, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action...
- California Health and Safety Code Section 11839.15
The director may bring an action to enjoin the violation of Section 11839.7, or the violation of a departmental order issued pursuant to Section 11839.16,...
- California Health and Safety Code Section 11839.16
(a) (1) The director shall, in addition to any other remedy, issue an order that prohibits a narcotic treatment program from admitting new patients or...
- California Health and Safety Code Section 11839.17
(a) In cases where a program is closing and the licensed entity that has agreed to assume temporary operation of the closing program is unable...
- California Health and Safety Code Section 11839.18
Any licensee may petition the director for waiver of licensure fees or late payment penalties for the current fiscal year based upon financial hardship. Prior...
- California Health and Safety Code Section 11839.19
(a) The department shall not license the establishment of a narcotic treatment program without a written application by the treatment facility that meets evaluative criteria...
- California Health and Safety Code Section 11839.20
(a) It is the intent of the Legislature in licensing narcotic treatment programs to provide a means whereby the patient may be rehabilitated and will...
- California Health and Safety Code Section 11839.21
The State Department of Health Services shall establish criteria for acceptable performance from those laboratories performing urinalysis or other body fluid analysis and shall not...
- California Health and Safety Code Section 11839.22
The state department shall require a system to detect multiple registration by narcotic clients.
- California Health and Safety Code Section 11839.23
The State Department of Health Services shall adopt and publish rules and regulations to be used in approving and governing the operation of laboratories engaging...
- California Health and Safety Code Section 11839.24
Substance abuse testing for narcotic treatment programs operating in the state shall be performed only by a laboratory approved and licensed by the State Department...
- California Health and Safety Code Section 11839.25
Each laboratory in this state that performs the test referred to in Section 11839.24 shall be licensed by the State Director of Health Services. The...
- California Health and Safety Code Section 11839.26
The State Department of Health Services shall enforce this article and the rules and regulations adopted pursuant to this article by the department.
- California Health and Safety Code Section 11839.27
The State Department of Health Services shall annually publish a list of approved and licensed laboratories engaging in the performance of tests referred to in...
- California Health and Safety Code Section 11839.28
Every laboratory that has been approved and for which a license has been issued shall be periodically inspected by a duly authorized representative of the...
- California Health and Safety Code Section 11839.29
Any license issued pursuant to Section 11839.25 may be suspended or revoked by the State Director of Health Services. The State Director of Health Services...
- California Health and Safety Code Section 11839.30
The State Director of Health Services may deny a license if any of the following apply to the applicant, or any partner, officer, or director...
- California Health and Safety Code Section 11839.31
The State Director of Health Services may suspend, revoke, or take other disciplinary action against a licensee as provided in this chapter, if the licensee...
- California Health and Safety Code Section 11839.32
The State Director of Health Services may take disciplinary action against any licensee after a hearing as provided in this article by any of the...
- California Health and Safety Code Section 11839.33
All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with...
- California Health and Safety Code Section 11839.34
After suspension or revocation of the license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued...
- California Health and Safety Code Section 11840
Each county shall provide matching funds for programs and services provided by the county under this part, except as follows: (a) State hospital alcohol and...
- California Health and Safety Code Section 11840.1
(a) Every fiscal year, 10 percent county matching funds shall be required for support of programs and services provided under this part by a county...
- California Health and Safety Code Section 11841
(a) It is the intent of the Legislature that all programs funded under this part shall be partially self-supporting by raising revenues in addition to...
- California Health and Safety Code Section 11842
As used in this chapter, "narcotic and drug abuse program" means any program that provides any service of care, treatment, rehabilitation, counseling, vocational training, self-improvement...
- California Health and Safety Code Section 11842.5
As used in this chapter, an alcohol and other drug abuse program includes, but is not limited to: (a) Residential programs that provide a residential...
- California Health and Safety Code Section 11843
The county shall establish and maintain a registry of all narcotic and drug abuse programs and alcohol and other drug abuse programs within the county...
- California Health and Safety Code Section 11843.5
Each narcotic and drug abuse program and alcohol and other drug abuse program in a county shall register annually with the county alcohol and drug...
- California Health and Safety Code Section 11844
Registration under this chapter shall include registration of all of the following information concerning the particular narcotic and drug abuse program or alcohol and other...
- California Health and Safety Code Section 11844.5
Registration under this part does not constitute the approval or endorsement of the narcotic and drug abuse program or alcohol and other drug abuse program...
- California Health and Safety Code Section 11845
For the purpose of this chapter, registration shall not be required for those programs that provide alcohol and other drug abuse education in public or...
- California Health and Safety Code Section 11845.5
(a) The identity and records of the identity, diagnosis, prognosis, or treatment of any patient, which identity and records are maintained in connection with the...
- California Health and Safety Code Section 11847
The Legislature hereby finds and declares that it is essential to the health and welfare of the people of this state that action be taken...
- California Health and Safety Code Section 11847.1
The department shall consult with state and local health planning bodies and encourage and promote effective use of facilities, resources, and funds in the development...
- California Health and Safety Code Section 11847.2
Any community alcohol and other drug abuse service may by contract furnish community alcohol and other drug abuse services to any other county.
- California Health and Safety Code Section 11847.3
The department shall, within available resources, consult with federal, state and local agencies involved in the provision and delivery of services of prevention, care, treatment,...
- California Health and Safety Code Section 11847.4
The department shall provide technical assistance, guidance, and information to local governments and state agencies with respect to the creation and implementation of programs and...
- California Health and Safety Code Section 11847.5
The department shall establish goals and priorities for all state agencies providing narcotic and alcohol and other drug abuse services. All state governmental units operating...
- California Health and Safety Code Section 11847.6
The department shall, in the same manner and subject to the same conditions as other state agencies, develop and submit annually to the Department of...
- California Health and Safety Code Section 11848
(a) (1) Alcohol and other drug abuse services allowable under the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9...
- California Health and Safety Code Section 11848.5
(a) Once the negotiated rate has been approved by the county, all participating governmental funding sources, except the Medi-Cal program (Chapter 7 (commencing with Section...
- California Health and Safety Code Section 11849
Expenditures incurred pursuant to this part shall be in accordance with the regulations of the director and shall be subject to payment whether incurred by...
- California Health and Safety Code Section 11849.5
(a) In determining the amounts that may be paid, fees paid by persons receiving services or fees paid on behalf of those persons by the...
- California Health and Safety Code Section 11850
The department shall coordinate all narcotic and alcohol and other drug abuse services and related programs conducted by state agencies with the federal government, and...
- California Health and Safety Code Section 11850.5
The department may require state agencies to contract with it for services to carry out the provisions of this division.
- California Health and Safety Code Section 11851
The department may accept and expend grants, gifts, and legacies of money, and, with the consent of the Department of Finance, accept, manage, and expend...
- California Health and Safety Code Section 11851.5
In addition to those expenditures authorized under Section 11851, expenditures subject to payment shall include expenses incurred by members of the local advisory board on...
- California Health and Safety Code Section 11852
Whenever a county receives funds under a grant program for alcohol and other drug abuse services, as well as under the county plan, negotiated net...
- California Health and Safety Code Section 11852.5
(a) Charges shall be made for services rendered to each person under a county plan in accordance with this section. Charges for the care and...
- California Health and Safety Code Section 11853
Counties are encouraged to contract with providers for the provision of services funded through the county's executed negotiated net amount contract, Drug Medi-Cal contract, and...
- California Health and Safety Code Section 11853.5
The department shall review each county's executed negotiated net amount contract, Drug Medi-Cal contract, and approved county plan, whichever is applicable, to determine that it...
- California Health and Safety Code Section 11854
The department shall devise and implement, in consultation with the counties, a program reporting method to evidence county compliance with this part. Until that date,...
- California Health and Safety Code Section 11854.5
Each county may establish standards that meet or exceed state standards for the treatment and operation of all county-operated and county-contracted alcohol and other drug...
- California Health and Safety Code Section 11855
Payments or advances of funds to cities, counties, cities and counties, or other state agencies, which funds are properly chargeable to appropriations to the department,...
- California Health and Safety Code Section 11855.5
(a) The department may charge a reasonable fee for the certification or renewal certification of a program that voluntarily requests the certification. The fee shall...
- California Health and Safety Code Section 11856
The department shall encourage the development of educational courses that provide core knowledge concerning alcohol and other drug problems and programs to personnel working within...
- California Health and Safety Code Section 11856.5
The department shall conduct onsite monitoring and reviews of individual county-operated alcohol and other drug programs and alcohol and other drug program administration with emphasis...
- California Health and Safety Code Section 11860
The state department, with the approval of the Secretary of California Health and Human Services Agency, may contract with any public or private agency for...
- California Health and Safety Code Section 11875
The following controlled substances are authorized for use in replacement narcotic therapy by licensed narcotic treatment programs: (a) Methadone. (b) Levoalphacetylmethadol (LAAM) as specified in...
- California Health and Safety Code Section 11876
The department shall inspect programs dispensing controlled substances described in subdivision (c) of Section 11875 to ensure that the programs are operating in compliance with...
- California Health and Safety Code Section 11970.1
(a) This article shall be known and may be cited as the Comprehensive Drug Court Implementation Act of 1999. (b) This article shall be administered...
- California Health and Safety Code Section 11970.2
(a) A county alcohol and drug program administrator and the presiding judge in the county shall develop and submit a comprehensive multiagency drug court plan...
- California Health and Safety Code Section 11970.2
(a) It is the intent of the Legislature that dependency drug courts be funded unless an evaluation of cost avoidance as provided in this section...
- California Health and Safety Code Section 11970.3
(a) It is the intent of the Legislature that this chapter be funded by an appropriation in the annual Budget Act. (b) Up to 5...
- California Health and Safety Code Section 11970.35
(a) Any funding provided for this chapter in the 2003 Budget Act, and in subsequent fiscal years, shall be allocated, to counties that participated, in...
- California Health and Safety Code Section 11970.45
(a) This article shall be known and may be cited as the Drug Court Partnership Act of 2002. (b) (1) The Drug Court Partnership Program,...
- California Health and Safety Code Section 11998
This chapter sets forth the long-range goals of a five-year master plan to eliminate drug and alcohol abuse in California. The goals of this chapter...
- California Health and Safety Code Section 11998.1
It is the intent of the Legislature that the following long-term five-year goals be achieved: (a) With regard to education and prevention of drug and...
- California Health and Safety Code Section 11998.2
(a) "Department," as used in this division, means the State Department of Alcohol and Drug Programs. (b) The board of supervisors of each county is...
- California Health and Safety Code Section 11998.3
(a) Priority in allocating state funds for substance abuse to law enforcement agencies shall be given to those counties whose law enforcement agencies are participating...
- California Health and Safety Code Section 11999
The Legislature finds and declares all of the following: (a) The Legislature has established various drug- and alcohol-related programs which provide for education, prevention, intervention,...
- California Health and Safety Code Section 11999.1
For the purpose of this division, the following definitions apply: (a) "Drug" means all of the following: (1) Any controlled substance as defined in Division...
- California Health and Safety Code Section 11999.2
(a) Notwithstanding any other provision of law, commencing July 1, 1990, no state funds shall be encumbered by a state agency for allocation to any...
- California Health and Safety Code Section 11999.3
(a) A state agency that distributes state funds to an entity, whether public or private, for a drug- or alcohol-related program shall establish and provide...
- California Health and Safety Code Section 11999.4
Establishment of the Substance Abuse Treatment Trust Fund A special fund to be known as the "Substance Abuse Treatment Trust Fund" is created within the...
- California Health and Safety Code Section 11999.5
Funding Appropriation Upon passage of this act, $60,000,000 shall be continuously appropriated from the General Fund to the Substance Abuse Treatment Trust Fund for the...
- California Health and Safety Code Section 11999.6
Moneys deposited in the Substance Abuse Treatment Trust Fund shall be distributed annually by the Secretary of the Health and Human Services Agency through the...
- California Health and Safety Code Section 11999.6.1
(a) Notwithstanding any other provision of law, when the department allocates funds appropriated to the Substance Abuse Treatment Trust Fund, it shall withhold from any...
- California Health and Safety Code Section 11999.7
Local Government Authority to Control Location of Drug Treatment Programs Notwithstanding any other provision of law, no community drug treatment program may receive any funds...
- California Health and Safety Code Section 11999.8
Surplus Funds Any funds remaining in the Substance Abuse Treatment Trust Fund at the end of a fiscal year may be utilized to pay for...
- California Health and Safety Code Section 11999.9
(a) The department shall conduct three two-year followup studies to evaluate the effectiveness and financial impact of the programs that are funded pursuant to the...
- California Health and Safety Code Section 11999.10
The department shall allocate up to 0.5 percent of the fund's total moneys each year to fund the costs of the studies required in Section...
- California Health and Safety Code Section 11999.11
County Reports Counties shall submit a report annually to the department detailing the numbers and characteristics of clients-participants served as a result of funding provided...
- California Health and Safety Code Section 11999.12
The department shall conduct periodic audits of the expenditures made by any county that is funded, in whole or in part, with funds provided by...
- California Health and Safety Code Section 11999.13
Excess Funds At the end of each fiscal year, a county may retain unspent funds received from the Substance Abuse Treatment Trust Fund and may...
- California Health and Safety Code Section 11999.20
The State Department of Alcohol and Drug Programs shall administer and award grants to counties to supplement funding provided under the Substance Abuse and Crime...
- California Health and Safety Code Section 11999.25
(a) To be eligible for a grant pursuant to this division, a county shall have on file with the State Department of Alcohol and Drug...
- California Health and Safety Code Section 11999.30
(a) This division shall be known as the Substance Abuse Offender Treatment Program. Funds distributed under this division shall be used to serve offenders who...
- California Health and Safety Code Section 12000
For the purposes of this part, "explosives" means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid...
- California Health and Safety Code Section 12002
Except when transporting explosives on highways and at safe stopping places established under the provisions of Division 14 (commencing with Section 31600) of the Vehicle...
- California Health and Safety Code Section 12003
"Chief" means the Director of Forestry and Fire Protection and his or her authorized representatives, the chief of a fire department or fire protection agency...
- California Health and Safety Code Section 12004
For the purposes of this part, the term "person" shall mean any person, organization, firm, corporation, association, city, county, city and county, and state, and...
- California Health and Safety Code Section 12005
This part does not apply to the transportation and use of explosives by representatives of the California Highway Patrol, the State Bureau of Criminal Identification...
- California Health and Safety Code Section 12005.5
(a) This part shall not apply to the possession, handling, storage, transportation, or use of not more than 10 pounds of blasting agents (division 1.5...
- California Health and Safety Code Section 12006
The provisions of this part and the regulations adopted by the State Fire Marshal pursuant to this part do not apply when the use, handling,...
- California Health and Safety Code Section 12007
(a) For the purposes of this part, the term "issuing authority" shall mean either the sheriff of a county, or the chief or other head...
- California Health and Safety Code Section 12020
The chief and the issuing authority, as defined in Sections 12003 and 12007, respectively, shall in their areas of jurisdiction enforce the provisions of this...
- California Health and Safety Code Section 12080
(a) No person shall sell, give away, or transport any explosive which has not been classified as provided in Section 12000. (b) The State Fire...
- California Health and Safety Code Section 12081
Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930, the State Fire Marshal shall...
- California Health and Safety Code Section 12082
No explosives shall be sold, furnished, or given away to any person under 21 years of age, whether such person is acting for himself or...
- California Health and Safety Code Section 12083
With the exception of the chief, the owner, a person authorized to enter by the owner, or the owner's agent, no person shall enter any...
- California Health and Safety Code Section 12084
No person shall willfully discharge any firearm within 500 feet of any magazine or any explosive manufacturing plant.
- California Health and Safety Code Section 12085
No person shall make, possess, or transport any explosive in a manner prohibited by this part or prohibited by any ordinance of a city, county,...
- California Health and Safety Code Section 12086
Any theft or loss of explosives, whether from a storage magazine, a vehicle in which they are being transported, or from a site on which...
- California Health and Safety Code Section 12087
No person shall abandon or otherwise dispose of any explosives in any manner which might, as the result of such abandonment or disposal, create any...
- California Health and Safety Code Section 12088
The contents of a package containing explosives shall be plainly marked on the outside of the package at the time the package is delivered for...
- California Health and Safety Code Section 12089
Except when transporting explosives received under Section 12102 of this code, every motor vehicle used in the transportation of explosives and which is subject to...
- California Health and Safety Code Section 12090
There shall not be included in any cargo of explosives any flammable or combustible liquids, acids, or corrosive liquids, oxidizers, or combustible materials, other than...
- California Health and Safety Code Section 12091
Blasting caps or similar primary explosive initiation devices shall not be transported upon any vehicle equipped with a radio transmitter or other device which may...
- California Health and Safety Code Section 12092
Any person who violates any of the requirements prescribed by regulation adopted pursuant to Section 12081 or 12151 shall be assessed a civil penalty of...
- California Health and Safety Code Section 12101
(a) No person shall do any one of the following without first having made application for and received a permit in accordance with this section:...
- California Health and Safety Code Section 12101.5
This chapter does not apply to any possession or use by a person licensed as a pyrotechnic operator--special effects first class of 20 pounds or...
- California Health and Safety Code Section 12102
This chapter does not apply to any possession or use of 20 pounds or less of smokeless powder, or one pound or less of black...
- California Health and Safety Code Section 12102.1
Any person who sells, gives, delivers or otherwise disposes of 20 pounds or less of smokeless powder, or one pound or less of black sporting...
- California Health and Safety Code Section 12103
Application for a permit, as required under Section 12101, shall be made by filing a statement on forms prescribed by the State Fire Marshal. Such...
- California Health and Safety Code Section 12105
If the issuing authority finds, after reviewing the application for a permit, that the applicant possesses sufficient and adequate facilities to conduct the acts specified...
- California Health and Safety Code Section 12105.1
Except in a case in which the issuing authority determines that the explosives are necessary because of an emergency involving a danger to persons or...
- California Health and Safety Code Section 12105.2
A copy of each permit issued shall be forwarded to the State Bureau of Criminal Identification and Investigation in Sacramento.
- California Health and Safety Code Section 12106
When required by and in amounts set forth in local ordinance, the applicant for a permit for explosives shall submit evidence that the applicant has...
- California Health and Safety Code Section 12107
The issuing authority shall, in the exercise of reasonable discretion, deny a permit to any person if it is his opinion that the handling or...
- California Health and Safety Code Section 12108
The form of the permits shall be prescribed by the State Fire Marshal. Permits shall be numbered by the local agency issuing the permit. The...
- California Health and Safety Code Section 12109
Except as provided in Section 12111, permits shall be valid for the period of time specified thereon.
- California Health and Safety Code Section 12110
No permit issued under the provisions of this chapter shall be transferable.
- California Health and Safety Code Section 12111
A permit may be suspended or revoked, after reasonable notice and hearing, by any chief or issuing authority in the area in which explosives are...
- California Health and Safety Code Section 12112
Any decision or action by any chief or issuing authority made pursuant to this part may be appealed to the governing body of the area...
- California Health and Safety Code Section 12120
No person shall knowingly sell, give away, deliver, or otherwise dispose of any explosive to any person who does not possess a valid permit as...
- California Health and Safety Code Section 12121
Every person who possesses, stores, uses, sells, gives away, delivers, or otherwise disposes of explosives shall keep an accurate journal, record book, or a record...
- California Health and Safety Code Section 12122
Each notation in the journal, record book, or each record of sale, as required by Section 12121, shall legibly show: (a) The date of each...
- California Health and Safety Code Section 12123
The journal, record book or record of sale shall be kept by the person required to keep it in his principal office or place of...
- California Health and Safety Code Section 12124
The keeping of a journal, record book, or record of sale required by Sections 12121, 12122, and 12123 does not apply to those persons who...
- California Health and Safety Code Section 12150
Except for explosives kept only at an explosive manufacturing plant, no person shall possess, keep, or store any explosive which is not completely encased in...
- California Health and Safety Code Section 12150.5
Every person having any blasting caps (electric or nonelectric) in his possession or control shall keep the same securely deposited in a locked approved magazine,...
- California Health and Safety Code Section 12151
Except while in the custody of a common carrier or in course of transportation pending delivery to a consignee, all explosives shall be kept or...
- California Health and Safety Code Section 12303
"Lawful possession of an explosive," as used in this chapter, means possessing explosives in accordance with the stated purpose and conditions of a valid permit...
- California Health and Safety Code Section 12305
Every person not in the lawful possession of an explosive who knowingly has any explosive in his possession is guilty of a felony.
- California Health and Safety Code Section 12350
Except as provided in subdivision (b) of Section 12080, any unclassified explosives which are sold, given away, or transported shall be subject to immediate seizure...
- California Health and Safety Code Section 12351
Any explosives which are illegally manufactured, sold, given away, delivered, stored, used, possessed, or transported shall be subject to immediate seizure by any chief, issuing...
- California Health and Safety Code Section 12352
When a permit issued pursuant to this part has been suspended or revoked any explosives in the possession of such permittee shall be subject to...
- California Health and Safety Code Section 12353
Any explosive seized under this chapter shall be stored in an approved manner and in accordance with regulations adopted by the State Fire Marshal. The...
- California Health and Safety Code Section 12354
If the governing body finds that the explosives were illegally or erroneously seized, the explosives shall be returned to the petitioner. The determination of the...
- California Health and Safety Code Section 12355
If no petition is received by the governing body within 10 days of seizure of any explosive, or if no action is commenced in a...
- California Health and Safety Code Section 12400
Except as provided in Chapter 7 (commencing with Section 12302), Part 1, Division 11 of the Health and Safety Code, every person who violates any...
- California Health and Safety Code Section 12401
Every person who is found guilty of a felony as specified in this part is punishable by imprisonment pursuant to subdivision (h) of Section 1170...
- California Health and Safety Code Section 12500
This part shall be known and may be cited as the State Fireworks Law.
- California Health and Safety Code Section 12501
Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- California Health and Safety Code Section 12502
"Advertise" means an announcement publicly with any sign, card, or notice, or by any other means, on which appears a person's name or business name...
- California Health and Safety Code Section 12503
"Agricultural and wildlife fireworks" means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas...
- California Health and Safety Code Section 12504
"Flammable liquid" means any liquid whose flashpoint is 100 degrees Fahrenheit, or less, when tested pursuant to Standard D56-70 of the American Society for Testing...
- California Health and Safety Code Section 12505
"Dangerous fireworks" includes all of the following: (a) Any fireworks which contain any of the following: (1) Arsenic sulfide, arsenates, or arsenites. (2) Boron. (3)...
- California Health and Safety Code Section 12506
"Emergency signaling device" means a pyrotechnic device designed and intended by the manufacturer to be used as such and which provides a reasonable degree of...
- California Health and Safety Code Section 12507
"End fuse" means a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item.
- California Health and Safety Code Section 12508
"Exempt fireworks" means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated...
- California Health and Safety Code Section 12509
"Exporter" means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state.
- California Health and Safety Code Section 12510
"Fire nuisance" means anything or any act which increases, or may cause an increase of, the hazard or menace of fire, or which may obstruct,...
- California Health and Safety Code Section 12511
"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical,...
- California Health and Safety Code Section 12512
"Fireworks kit" means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving...
- California Health and Safety Code Section 12513
"Importer" means any person who for any purpose does any of the following: (a) Brings fireworks into this state or causes fireworks to be brought...
- California Health and Safety Code Section 12514
"Issuing authority" means any person who has the responsibility of evaluating the application for, and issuing, the permits required by Section 12640.
- California Health and Safety Code Section 12515
"Label of registration" means the label of registration of the State Fire Marshal.
- California Health and Safety Code Section 12516
"License" means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part.
- California Health and Safety Code Section 12517
"Licensee" means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).
- California Health and Safety Code Section 12518
"Manufacturer" means any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any person who assembles or...
- California Health and Safety Code Section 12519
"Model rocket" means any toy or educational device which weighs not more than 500 grams, including the engine and any payload, that is propelled by...
- California Health and Safety Code Section 12520
"Model rocket engine" means a commercially manufactured, nonreusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the...
- California Health and Safety Code Section 12521
"Package" includes any case, container, or receptacle, used for holding fireworks, which is closed or sealed by tape, cordage, or by any other means.
- California Health and Safety Code Section 12522
"Permit" means the nontransferable permission granted by the public agency having local jurisdiction to a licensee for the purposes of establishing and maintaining a place...
- California Health and Safety Code Section 12523
"Person" means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and state, and shall include...
- California Health and Safety Code Section 12524
"Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge...
- California Health and Safety Code Section 12525
"Pyrotechnic compositions" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
- California Health and Safety Code Section 12526
"Pyrotechnic device" means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual, mechanical or thermal effect designed...
- California Health and Safety Code Section 12527
"Pyrotechnic operator" means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge...
- California Health and Safety Code Section 12528
"Retailer" means any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user.
- California Health and Safety Code Section 12529
"Safe and sane fireworks" means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."
- California Health and Safety Code Section 12530
"Salesman" means any person who, as an employee of a manufacturer or wholesaler, solicits, accepts, or receives an order for fireworks for a licensee or
- California Health and Safety Code Section 12531
"Sell" means any arrangement between two or more persons as a result of which there is a transfer of property for a consideration.
- California Health and Safety Code Section 12532
"Special effects" means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may...
- California Health and Safety Code Section 12533
"Wholesaler" means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person...
- California Health and Safety Code Section 12534
"Within this state" means within all territory within the boundaries of this state.
- California Health and Safety Code Section 12540
The provisions of this part shall not apply to any of the following: (a) Explosives regulated under Part 1 (commencing with Section 12000) of Division...
- California Health and Safety Code Section 12541
Nothing in this part authorizes the sale, use, or discharge of fireworks in any city, county, or city and county in which the sale, use,...
- California Health and Safety Code Section 12541.1
(a) A special district which provides fire protection, prevention, or suppression services may adopt an ordinance or regulation to prohibit or regulate the sale, use,...
- California Health and Safety Code Section 12550
The State Fire Marshal shall enforce and administer this part.
- California Health and Safety Code Section 12551
The State Fire Marshal shall appoint deputies and employees as may be required to carry out the provisions of this part, subject to approval in...
- California Health and Safety Code Section 12552
The State Fire Marshal shall adopt regulations relating to fireworks as may be necessary for the protection of life and property not inconsistent with the...
- California Health and Safety Code Section 12553
The State Fire Marshal shall also adopt regulations for classification of any new type of fireworks or pyrotechnic devices which have not been classified prior...
- California Health and Safety Code Section 12554
The regulations adopted by the State Fire Marshal relating to fireworks and in existence on January 1, 1974 shall continue thereafter to be in effect...
- California Health and Safety Code Section 12555
The State Fire Marshal or his salaried deputies may make an examination of the books and records of any licensee or permittee relative to fireworks,...
- California Health and Safety Code Section 12556
In addition to the obligations described in Section 13110.5, on or before July 1, 2008, the State Fire Marshal shall identify and evaluate methods to...
- California Health and Safety Code Section 12557
(a) The Office of the State Fire Marshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal...
- California Health and Safety Code Section 12558
The licensee or permittee shall permit the chief of the issuing authority, or his authorized representatives, as qualified in Section 12721, to enter and inspect...
- California Health and Safety Code Section 12560
The State Fire Marshal shall classify all fireworks and pyrotechnic devices in accordance with the provisions of this chapter. No fireworks or pyrotechnic devices shall...
- California Health and Safety Code Section 12561
All fireworks examined by the State Fire Marshal and determined by him to come within the definition of "dangerous fireworks" in Section 12505 shall be...
- California Health and Safety Code Section 12562
All fireworks examined by the State Fire Marshal and determined by him to come within the definition of "safe and sane fireworks" in Section 12529...
- California Health and Safety Code Section 12563
All fireworks examined by the State Fire Marshal and determined by him to come within the definition of "agricultural and wildlife fireworks" in Section 12503...
- California Health and Safety Code Section 12564
All fireworks examined by the State Fire Marshal and determined by him to come within the definition of "exempt fireworks" in Section 12508 shall be...
- California Health and Safety Code Section 12565
All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him to come within the definition of...
- California Health and Safety Code Section 12566
All pyrotechnic devices examined by the State Fire Marshal and found by him to come within the definition of "emergency signaling devices" in Section 12506...
- California Health and Safety Code Section 12567
Those fireworks classified by the State Fire Marshal as safe and sane prior to January 1, 1974 may continue to bear that designation and may...
- California Health and Safety Code Section 12568
The manufacturer, importer, or wholesaler shall stamp or label each case or carton of dangerous fireworks offered for sale, sold, consigned, or delivered within the...
- California Health and Safety Code Section 12569
Except as provided in Section 12637 and pursuant to the provisions of Sections 12560 and 12581, fireworks or pyrotechnic devices examined and classified by the...
- California Health and Safety Code Section 12570
The State Fire Marshal may issue any license described in this part, subject to the regulations which he may adopt not inconsistent with the provisions...
- California Health and Safety Code Section 12571
A manufacturer's license shall allow the manufacture of fireworks and other pyrotechnic devices of all types and the sale and transport to licensed wholesalers in...
- California Health and Safety Code Section 12572
A wholesaler's license allows the sale and transportation of all types of fireworks to licensed retailers, or retailers operating under a permit, licensed public display...
- California Health and Safety Code Section 12573
An importer's and exporter's license shall allow fireworks to be imported into and exported from the state. Import activity shall be limited to the sale...
- California Health and Safety Code Section 12574
A retail sales license allows the retail sale of safe and sane fireworks for private use.
- California Health and Safety Code Section 12575
A public display (special) license allows the holding and conducting at various times of public displays of dangerous fireworks at a single location only.
- California Health and Safety Code Section 12576
A public display license (general) allows the holding and conducting of public displays of dangerous fireworks at various locations and at various times.
- California Health and Safety Code Section 12577
A public display license (limited) allows the performance of a single public display action of a single nature with dangerous fireworks at one location to...
- California Health and Safety Code Section 12578
The State Fire Marshal shall adopt regulations that identify and specify the scope of each class of pyrotechnic operator license. A pyrotechnic operator license shall...
- California Health and Safety Code Section 12579
All licensees may transport the class of fireworks for which they hold a valid license as provided in Section 12651.
- California Health and Safety Code Section 12580
The State Fire Marshal may issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices in this
- California Health and Safety Code Section 12581
Any person who desires to manufacture, import, export, sell or use fireworks, shall first make written application for a license to the State Fire Marshal...
- California Health and Safety Code Section 12582
The application for a license shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each...
- California Health and Safety Code Section 12583
The authorization to engage in the particular act or acts conferred by a license to a person shall extend to salesmen or other employees of...
- California Health and Safety Code Section 12585
Any applicant may withdraw his application for a license or renewal of a license and the State Fire Marshal may allow the withdrawal when he...
- California Health and Safety Code Section 12586
The suspension, expiration, or forfeiture by operation of law of a license issued by the State Fire Marshal, or its suspension, forfeiture, or cancellation by...
- California Health and Safety Code Section 12587
A written report by the State Fire Marshal, any of his deputies, or salaried assistants, or by the chief of any city or county fire...
- California Health and Safety Code Section 12588
The State Fire Marshal may deny, without hearing, an application for a license or renewal of a license, if within one year prior to the...
- California Health and Safety Code Section 12589
The application for any license shall become void when any of the following occurs: (a) The State Fire Marshal has notified the applicant to appear...
- California Health and Safety Code Section 12590
The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following...
- California Health and Safety Code Section 12591
The State Fire Marshal may, upon three days notice, suspend any license for a period not exceeding 30 days pending investigation of any violation of...
- California Health and Safety Code Section 12592
Any applicant who has been denied a license or renewal of a license, or any licensee who has had a license suspended, shall be entitled...
- California Health and Safety Code Section 12593
Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of...
- California Health and Safety Code Section 12594
Reports on fireworks transactions or the payment of license fees or penalties required by this part shall be deemed to have been made or paid...
- California Health and Safety Code Section 12595
Except as otherwise provided in Section 12599, on and after July 1, 1974, the original and annual license fee shall be for the fiscal year...
- California Health and Safety Code Section 12596
Any person or organization may obtain any license required by this part between January 1, 1974, and June 30, 1974, to be effective for that...
- California Health and Safety Code Section 12597
Application for renewal of a license shall be made during the license renewal period in the current license year in order to renew a license...
- California Health and Safety Code Section 12598
Every licensee who fails to renew his or her license by the time the license expires shall surrender the license to the State Fire Marshal...
- California Health and Safety Code Section 12599
A retail license shall authorize a retail sale of safe and sane fireworks within this state only during the period of 12 noon on the...
- California Health and Safety Code Section 12600
Except as provided in Section 12583, the authority to perform any acts permitted by a license issued under this part shall be limited to the...
- California Health and Safety Code Section 12601
Except as provided in Section 12599, any license not renewed in accordance with the provisions of this part shall automatically expire at 12 midnight on...
- California Health and Safety Code Section 12602
A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket engines, or emergency signaling devices.
- California Health and Safety Code Section 12603
No person or employee holding a pyrotechnic license shall be required to obtain a manufacturer's license to design, assemble, compound, use, discharge, fabricate, construct, or...
- California Health and Safety Code Section 12604
Following the revocation or voluntary surrender of a license, or failure to renew his license, any person in lawful possession of lawfully acquired fireworks for...
- California Health and Safety Code Section 12605
Any person found guilty of violating any of the provisions of this part is not eligible to apply for a new license, apply for a...
- California Health and Safety Code Section 12606
Any charges against applicants for a license or against licensees which would be cause for the State Fire Marshal to initiate proceedings for revocation or...
- California Health and Safety Code Section 12606.1
(a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting...
- California Health and Safety Code Section 12607
The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by any person who has...
- California Health and Safety Code Section 12608
The authority to perform those acts conferred upon the employee of a licensee as provided for in Section 12583 may be denied to any person...
- California Health and Safety Code Section 12610
Notwithstanding any of the provisions of the law which may require a certificate of insurance as a condition for a permit to hold a general,...
- California Health and Safety Code Section 12611
The certificate of insurance shall provide all of the following: (a) That the insurer will not cancel the insured's coverage without 15 days' prior written...
- California Health and Safety Code Section 12615
All licensees, except retailers, shall maintain and make available to the State Fire Marshal full and complete, true, and accurate records showing all production, imports,...
- California Health and Safety Code Section 12616
The licensees shall report any theft or loss of fireworks to the State Fire Marshal within 24 hours after the discovery of theft or loss....
- California Health and Safety Code Section 12617
In the event of the theft or loss of any fireworks or pyrotechnic devices, the State Fire Marshal shall notify the fire authorities in the...
- California Health and Safety Code Section 12618
Each bill of lading, manifest, and invoice issued to cover the sale and shipment of fireworks shall bear the license number of both the seller...
- California Health and Safety Code Section 12619
All import and export licensees shall file a notice with the State Fire Marshal prior to the arrival of any class of fireworks subject to...
- California Health and Safety Code Section 12620
In addition to the report required under this part, the State Fire Marshal may by regulation require such additional reports from licensees or permittees as...
- California Health and Safety Code Section 12630
The State Fire Marshal shall establish and collect the original and annual renewal fees for fireworks licenses required by this chapter. The fees shall not...
- California Health and Safety Code Section 12631
The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, agricultural and wildlife fireworks shall be established and...
- California Health and Safety Code Section 12632
The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket engines shall be established and collected...
- California Health and Safety Code Section 12633
The original and annual renewal application for registration of each model of emergency signaling devices shall be made to the State Fire Marshal. A registration...
- California Health and Safety Code Section 12634
When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license...
- California Health and Safety Code Section 12635
All of the moneys collected pursuant to this part shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section...
- California Health and Safety Code Section 12636
Except as otherwise provided by law, the State Fire Marshal shall charge a fee in the amount of five dollars ($5) for each certified copy...
- California Health and Safety Code Section 12637
All fireworks or pyrotechnic devices intended for sale in this state, which are products of nonlicensed manufacturers, shall be examined and classified by the State...
- California Health and Safety Code Section 12640
In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency...
- California Health and Safety Code Section 12641
A permit, as provided in this part, shall not be required of any person to transport, purchase at retail, or use safe and sane fireworks,...
- California Health and Safety Code Section 12642
The effective period of the permit shall be defined in the permit and in no case shall the period of the permit exceed the valid...
- California Health and Safety Code Section 12643
Any licensee desiring to do any act specified in Section 12640 shall first make written application for a permit to the chief of the fire...
- California Health and Safety Code Section 12644
The issuing authority shall not accept an application for a permit from any person who does not possess, and present at the time of application,...
- California Health and Safety Code Section 12645
The officer to whom the application for a permit is made shall undertake an investigation and submit a report of his findings and his recommendation...
- California Health and Safety Code Section 12646
The governing body may grant or deny the permit, subject to such reasonable conditions, if any, as it shall prescribe.
- California Health and Safety Code Section 12647
The governing body may delegate the power to grant or deny the permit to the issuing authority to whom the application is made. In such...
- California Health and Safety Code Section 12648
The officer to whom the application for a permit for a public display of fireworks is made shall make an investigation to determine whether such...
- California Health and Safety Code Section 12649
The applicant for a permit for any public display of fireworks shall, at the time of application, submit his license for inspection and furnish proof...
- California Health and Safety Code Section 12650
When a permit for the public display of fireworks is granted, the sale, possession, transportation, and use of fireworks for the public display is lawful...
- California Health and Safety Code Section 12651
Any person holding a valid license for the manufacture, wholesale, or import and export of dangerous fireworks or pyrotechnic devices may transport any class of...
- California Health and Safety Code Section 12652
When traveling between the approved routes, as specified in Section 12651, and the point of destination the licensee shall possess a transportation permit from the...
- California Health and Safety Code Section 12653
The application for a transportation permit shall be submitted to the State Fire Marshal for the transportation of any quantity of fireworks where such transportation...
- California Health and Safety Code Section 12654
A transportation permit shall not be required by this part for public carriers or private carriers who each hold a valid license or permit issued...
- California Health and Safety Code Section 12670
It is unlawful for any person to advertise that he is in any business or venture involving fireworks or pyrotechnic devices or shall cause his...
- California Health and Safety Code Section 12671
It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless...
- California Health and Safety Code Section 12672
It is unlawful for any person to sell, or offer for sale, safe and sane fireworks at any time outside of the period specified in...
- California Health and Safety Code Section 12673
It is unlawful for any person to store any fireworks without having in his possession a valid permit as required by this part.
- California Health and Safety Code Section 12674
It is unlawful for any person to store or possess any fireworks for which a license is required and which has been revoked or surrendered...
- California Health and Safety Code Section 12675
It is unlawful for any person to fail to record on each bill of lading, manifest or invoice issued to cover the sale or shipment...
- California Health and Safety Code Section 12676
It is unlawful for any person to sell, transfer, give, deliver, or otherwise convey title of any dangerous fireworks, including fireworks kits, to any person...
- California Health and Safety Code Section 12677
It is unlawful for any person to possess dangerous fireworks without holding a valid permit.
- California Health and Safety Code Section 12678
It is unlawful for any person to use or discharge agricultural and wildlife fireworks without first securing a permit as provided in this part.
- California Health and Safety Code Section 12679
It is unlawful for any person to store, sell, or discharge any type of fireworks in or within 100 feet of a location where gasoline...
- California Health and Safety Code Section 12680
(a) Except as provided in subdivision (b) or (c), it is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks...
- California Health and Safety Code Section 12681
It is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a...
- California Health and Safety Code Section 12682
It is unlawful for any person to allow or permit a fire nuisance, as defined in Section 12510, to exist on any premises where any...
- California Health and Safety Code Section 12683
It is unlawful for any person to sell, use, or discharge any emergency signaling device not registered by the State Fire Marshal.
- California Health and Safety Code Section 12684
It is unlawful for any person to use or discharge any registered emergency signaling device in any manner other than that permitted by the instructions...
- California Health and Safety Code Section 12685
It is unlawful for any person to conduct a public display without possessing a valid permit for this purpose.
- California Health and Safety Code Section 12686
It is unlawful for any person to use any special effects fireworks unless he possesses a pyrotechnic operator license.
- California Health and Safety Code Section 12687
It is unlawful for any person to sell, transfer, give, or deliver any special effects fireworks to any person not licensed as a pyrotechnic operator.
- California Health and Safety Code Section 12688
It is unlawful for any person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket engines,...
- California Health and Safety Code Section 12689
(a) It is unlawful for any person to sell, give, or deliver any dangerous fireworks to any person under 18 years of age. (b) It...
- California Health and Safety Code Section 12690
It is unlawful for any person to perform any act, or transact or attempt to transact any business, with an expired license or an expired...
- California Health and Safety Code Section 12691
It is unlawful for any person to violate any provision of any regulation adopted by the State Fire Marshal pursuant to this part.
- California Health and Safety Code Section 12692
This chapter shall not prohibit the operations or functions of a licensed pyrotechnic operator holding a special effects license when the operations or functions are...
- California Health and Safety Code Section 12700
(a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to...
- California Health and Safety Code Section 12701
A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this part,...
- California Health and Safety Code Section 12702
Notwithstanding the provisions of Section 12700: (a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under...
- California Health and Safety Code Section 12703
(a) The State Fire Marshal shall, in conjunction with the Department of Motor Vehicles, develop regulations and procedures to temporarily suspend the commercial motor vehicle...
- California Health and Safety Code Section 12704
The State Fire Marshal, at least once a year and in consultation with the Attorney General, shall serve notice to any individual or business known...
- California Health and Safety Code Section 12706
Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, except for administrative fines...
- California Health and Safety Code Section 12720
Any threatened violation of any provision of this part or of any order or regulation of the State Fire Marshal issued pursuant to this part...
- California Health and Safety Code Section 12721
The State Fire Marshal, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection...
- California Health and Safety Code Section 12722
The following fireworks may be seized pursuant to Section 12721: (a) Those fireworks which are sold, offered for sale, possessed, stored, used, or transported within...
- California Health and Safety Code Section 12723
The authority seizing any fireworks under the provisions of this chapter shall notify the State Fire Marshal not more than three days following the date...
- California Health and Safety Code Section 12724
(a) Any person whose fireworks are seized under the provisions of this chapter may, within 10 days after seizure, petition the State Fire Marshal to...
- California Health and Safety Code Section 12725
The State Fire Marshal, his salaried deputies, or any chief or his authorized representatives as qualified in this chapter may prevent, stop, or cause to...
- California Health and Safety Code Section 12726
(a) The dangerous fireworks seized pursuant to this part shall be disposed of by the State Fire Marshal in the manner prescribed by the State...
- California Health and Safety Code Section 12727
(a) The State Fire Marshal shall establish regulations pursuant to the requirements and procedures established with the Office of Administrative Law to assess fees on...
- California Health and Safety Code Section 12728
(a) The State Fire Marshal Fireworks Enforcement and Disposal Fund is hereby established in the State Treasury. (b) All of the moneys collected pursuant to...
- California Health and Safety Code Section 12750
For purposes of this part, the following definitions shall apply: (a) "Flamethrowing device" means any nonstationary and transportable device designed or intended to emit or...
- California Health and Safety Code Section 12751
This part shall not apply to the sale, purchase, possession, transportation, storage, or use of a flamethrowing device by a person if all of the...
- California Health and Safety Code Section 12755
No person shall use or possess a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.
- California Health and Safety Code Section 12756
The State Fire Marshal shall adopt regulations to administer this part and establish standards for the background investigation of an applicant for, and holder of,...
- California Health and Safety Code Section 12757
The State Fire Marshal may issue or renew a permit to use and possess a flamethrowing device only if all of the following conditions are...
- California Health and Safety Code Section 12758
(a) If the State Fire Marshal denies an application for, or the renewal of, or revokes a flamethrowing device permit, the applicant for a flamethrowing...
- California Health and Safety Code Section 12759
The State Fire Marshal shall establish fees pursuant to this part that shall be deposited in the State Fire Marshal Licensing and Certification Fund.
- California Health and Safety Code Section 12760
The State Fire Marshal shall seize any flamethrowing device in the possession of any person who does not have a valid flamethrowing device permit issued...
- California Health and Safety Code Section 12761
Any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit issued pursuant to this part is guilty of a public...
- California Health and Safety Code Section 13000
Every person is guilty of a misdemeanor who allows a fire kindled or attended by him to escape from his control or to spread to...
- California Health and Safety Code Section 13001
Every person is guilty of a misdemeanor who, through careless or negligent action, throws or places any lighted cigarette, cigar, ashes, or other flaming or...
- California Health and Safety Code Section 13002
(a) Every person is guilty of a misdemeanor who throws or discharges any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance,...
- California Health and Safety Code Section 13003
Every person is guilty of a misdemeanor who uses any steam-powered logging locomotive, donkey, or threshing engine, or any other steam engine or steam boiler,...
- California Health and Safety Code Section 13004
Every person is guilty of a misdemeanor who harvests grain or causes it to be harvested by means of a combined harvester, header, or stationary...
- California Health and Safety Code Section 13005
Every person is guilty of a misdemeanor who: (a) Sells, offers for sale, leases, or rents to any person any tractor, engine, machine, or truck...
- California Health and Safety Code Section 13006.5
Every owner, operator, lessee, or other person in charge of any apartment house, roominghouse, motel or hotel heretofore or hereafter constructed, or any occupant thereof,...
- California Health and Safety Code Section 13007
Any person who personally or through another wilfully, negligently, or in violation of law, sets fire to, allows fire to be set to, or allows...
- California Health and Safety Code Section 13008
Any person who allows any fire burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due...
- California Health and Safety Code Section 13009
(a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire...
- California Health and Safety Code Section 13009.1
(a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire...
- California Health and Safety Code Section 13009.5
Where the Department of Forestry and Fire Protection utilizes inmate labor for fighting fires, the charge for their use, for the purpose of Section 13009,...
- California Health and Safety Code Section 13009.6
(a) (1) Those expenses of an emergency response necessary to protect the public from a real and imminent threat to health and safety by a...
- California Health and Safety Code Section 13010
Sections 13007, 13008, and 13009 of this code do not apply to nor affect any rights, duties, or causes of action in existence and accruing...
- California Health and Safety Code Section 13011
Both doors of any double doors designated as the public entrance to any place of business shall be kept unlocked during normal business hours.
- California Health and Safety Code Section 13025
(a) All equipment for fire protection purposes having couplings or fittings with an inside diameter of three inches or less, purchased by any authorities having...
- California Health and Safety Code Section 13025.5
Any fire department maintained by the City and County of San Francisco using fire hydrant outlets with other than two-and-one-half-inch (2 1/2-inch) threaded fittings shall...
- California Health and Safety Code Section 13026
The State Fire Marshal is authorized to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state.
- California Health and Safety Code Section 13027
The State Fire Marshal shall notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment...
- California Health and Safety Code Section 13028
Any person who sells or offers for sale any fire hose, hydrant, fire engine or other equipment with threaded parts, for fire protective purposes, unless...
- California Health and Safety Code Section 13050
The apparatus, equipment and firefighting force of any public entity may be used for the purpose of providing fire protection or firefighting services: (a) In...
- California Health and Safety Code Section 13050.1
"Public entity" includes the state, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state.
- California Health and Safety Code Section 13051
The reasonable value of the use of, and repairs and depreciation on, apparatus and equipment, and other expenses reasonably incurred in furnishing firefighting services, may...
- California Health and Safety Code Section 13052
(a) The public entity rendering the service may present a claim to the public entity liable therefor. If the claim is approved by the head...
- California Health and Safety Code Section 13052.5
The governing board of any county fire protection district may contract with any city contiguous to the district for the furnishing of fire protection to...
- California Health and Safety Code Section 13053
Whenever a fire occurs in any county or within the boundaries of any national forest which is of such proportions that it cannot be adequately...
- California Health and Safety Code Section 13054
Where the personnel, equipment, and facilities of any county are utilized in the extinguishment or control of any fire outside its boundaries, the county furnishing...
- California Health and Safety Code Section 13055
Any public agency authorized to engage in fire protection activities, including but not limited to a fire protection district, city, city and county, or county...
- California Health and Safety Code Section 13060
Any public entity may place blue reflective pavement markers in any highway, street, or road for marking fire hydrant locations and water supply locations. These...
- California Health and Safety Code Section 13070
This chapter shall be known and may be cited as the FIRESCOPE Act of 1989.
- California Health and Safety Code Section 13071
The California Emergency Management Agency shall establish and administer a program, which shall be denominated the FIRESCOPE Program (FIrefighting RESources of California Organized for Potential...
- California Health and Safety Code Section 13072
The goal of the FIRESCOPE Program is the improvement of fire incident management and the coordination of multiagency firefighting resources on major or multiple incidents....
- California Health and Safety Code Section 13073
The California Emergency Management Agency shall carry out this chapter in cooperation with the Department of Forestry and Fire Protection, including the Office of the...
- California Health and Safety Code Section 13081
(a) The construction of a memorial to California firefighters on the grounds of the State Capitol is hereby authorized. For purposes of this chapter, the...
- California Health and Safety Code Section 13083
Firefighters' memorial ceremonies, including the dedication of the memorial and any subsequent ceremonies, shall be conducted by the California Fire Foundation, in consultation with the...
- California Health and Safety Code Section 13100
(a) The Office of the State Fire Marshal is hereby created in the Department of Forestry and Fire Protection. The Office of the State Fire...
- California Health and Safety Code Section 13100.1
The functions of the office shall be to foster, promote and develop ways and means of protecting life and property against fire and panic.
- California Health and Safety Code Section 13101
The State Fire Marshal shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure...
- California Health and Safety Code Section 13103
The State Fire Marshal may appoint those assistant or deputy state fire marshals as he or she may consider necessary from among active chiefs of...
- California Health and Safety Code Section 13104
The State Fire Marshal shall aid in the enforcement of all laws and ordinances, any rules and regulations adopted under the provisions of Division 11...
- California Health and Safety Code Section 13104.5
Except on property which has been deeded to the state for taxes, the Department of Forestry and Fire Protection may abate fire hazards existing on...
- California Health and Safety Code Section 13104.6
The State Fire Marshal may determine the existence of a fire hazard on any property which has been deeded to the State for taxes and...
- California Health and Safety Code Section 13105
The State Fire Marshal shall encourage the adoption of fire prevention measures by means of education, engineering, and enforcement and shall prepare or cause to...
- California Health and Safety Code Section 13105.2
(a) The State Fire Marshal shall establish and operate a statewide hazardous materials training facility to be located at the Del Valle Firefighting Facility of...
- California Health and Safety Code Section 13105.5
The State Fire Marshal shall establish or cause to be established a program of fire prevention training for fire prevention inspectors employed by local fire...
- California Health and Safety Code Section 13105.7
(a) The State Fire Marshal may establish a schedule of fees for the inspection, approval, and listing of testing laboratories which test consumer products for...
- California Health and Safety Code Section 13106
During the existence of a fire, the State Fire Marshal may protect any property which is affected thereby until the arrival of the owner or...
- California Health and Safety Code Section 13107
(a) The State Fire Marshal shall investigate every explosion or fire occurring in any state institution, state-owned building, or any building which is determined, pursuant...
- California Health and Safety Code Section 13107.5
The State Fire Marshal may investigate every break, and shall investigate every explosion or fire, involving a pipeline reported by a local agency pursuant to...
- California Health and Safety Code Section 13108
(a) Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930 of this code, the...
- California Health and Safety Code Section 13108.5
(a) The State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall, pursuant...
- California Health and Safety Code Section 13108.6
The State Fire Marshal may adopt regulations specifying the access to roof areas of commercial establishments which firefighters shall have and may limit or restrict...
- California Health and Safety Code Section 13108.9
The State Fire Marshal shall adopt regulations to require a public address system with an emergency backup power system for all buildings or structures constructed...
- California Health and Safety Code Section 13109
The State Fire Marshal, his or her deputies, or his or her salaried assistants, the chief of any city or county fire department or fire...
- California Health and Safety Code Section 13110.5
The State Fire Marshal shall gather statistical information on all fires, medical aid incidents, and hazardous materials incidents occurring within this state. The chief fire...
- California Health and Safety Code Section 13110.7
The State Fire Marshal shall establish and maintain a registry of burn injuries and deaths, and shall annually compile a statistical report of such injuries...
- California Health and Safety Code Section 13111
The State Fire Marshal may adopt a model ordinance for adoption by any local agency authorized pursuant to Article 3.6 (commencing with Section 50078) of...
- California Health and Safety Code Section 13111.1
(a) The office of the State Fire Marshal may expend money appropriated for the administration of the laws, the enforcement of which is committed to...
- California Health and Safety Code Section 13111.3
The State Department of Health shall establish and administer a program which will make loans available to private nonprofit children's institutions and private nonprofit homes...
- California Health and Safety Code Section 13112
Every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor...
- California Health and Safety Code Section 13112.1
Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, as a result of...
- California Health and Safety Code Section 13112.2
All revenue collected pursuant to subdivision (a) of Section 13112.1 shall be deposited in the California Fire and Arson Training Fund and shall be available,...
- California Health and Safety Code Section 13113
(a) Except as otherwise provided in this section, no person, firm, or corporation shall establish, maintain, or operate any hospital, children's home, children's nursery, or...
- California Health and Safety Code Section 13113.5
The State Fire Marshal shall adopt regulations requiring the installation of automatic fire devices activated by products of combustion other than heat in all facilities...
- California Health and Safety Code Section 13113.6
(a) Any person, or public or private firm, organization, or corporation, that owns, rents, leases, or manages a facility that hosts a ticketed event for...
- California Health and Safety Code Section 13113.7
(a) Except as otherwise provided in this section, a smoke detector, approved and listed by the State Fire Marshal pursuant to Section 13114, shall be...
- California Health and Safety Code Section 13113.8
(a) On and after January 1, 1986, every single-family dwelling and factory-built housing, as defined in Section 19971, which is sold shall have an operable...
- California Health and Safety Code Section 13113.9
(a) For the purposes of this section: (1) "Burglar bars" are security bars located on the inside or outside of a door or window of...
- California Health and Safety Code Section 13114
(a) The State Fire Marshal, with the advice of the State Board of Fire Services, shall adopt regulations and standards as he or she may...
- California Health and Safety Code Section 13114.1
To the extent that resources are available, the State Fire Marshal shall prepare and distribute for use by local agencies, community groups, and private firms,...
- California Health and Safety Code Section 13114.2
(a) On or before January 1, 2000, the State Fire Marshal shall adopt regulations and standards to control the quality and installation of burglar bars...
- California Health and Safety Code Section 13114.3
(a) Notwithstanding any other provision of law, on and after January 1, 1999, no burglar bars shall be installed or maintained on any residential dwelling...
- California Health and Safety Code Section 13114.5
The governing body of any city or county may enact ordinances or laws imposing restrictions greater than those imposed by Sections 13113 and 13114.
- California Health and Safety Code Section 13114.7
(a) For the purposes of this section the following are definitions of class I and class II systems: (1) American Water Works Association (A.W.W.A.) Manuel...
- California Health and Safety Code Section 13115
(a) It is unlawful for any person, firm or corporation to establish, maintain or operate any circus, side show, carnival, tent show, theater, skating rink,...
- California Health and Safety Code Section 13116
Except as provided in Section 18930, the State Fire Marshal shall prepare and adopt rules and regulations establishing minimum requirements for the prevention of fire...
- California Health and Safety Code Section 13117
(a) Any new detector or new automatic high pressure shutoff device sold by any person on or after January 1, 1987, in this state shall,...
- California Health and Safety Code Section 13118
All solvents offered for sale at retail shall be labeled as required by the regulations adopted pursuant to the Federal Hazardous Substances Act (Public Law...
- California Health and Safety Code Section 13119
It is unlawful for any person, firm or corporation to establish, maintain or operate any night club, restaurant, cafe or any similar place where alcoholic...
- California Health and Safety Code Section 13120
The State Fire Marshal shall establish minimum standard requirements, and shall adopt rules and regulations as are deemed necessary by him or her to properly...
- California Health and Safety Code Section 13121
The State Fire Marshal shall, before approving any flame-retardant chemical, fabric or material, require that flame-retardant chemicals and flame-retardant fabrics or materials be submitted to...
- California Health and Safety Code Section 13122
The State Fire Marshal shall promulgate and make available at cost of printing at least once each year a list of the flame-retardant chemicals, flame-retardant...
- California Health and Safety Code Section 13123
The State Fire Marshal shall remove from his or her approved list the name of any flame-retardant chemicals, flame-retardant fabric or material or any flame-retardant...
- California Health and Safety Code Section 13124
The name of any chemical, chemical concern or flame-retardant application concern whose name has been removed from the approved list shall not be restored to...
- California Health and Safety Code Section 13125
The name of any chemical, chemical concern or flame-retardant application concern shall not be restored to the approved list until a new application, accompanied by...
- California Health and Safety Code Section 13126
With the advice of the State Fire Advisory Board, the State Fire Marshal shall prepare and adopt rules and regulations establishing minimum standards and specific...
- California Health and Safety Code Section 13127
(a) Any chemical manufacturing concern, or any flame-retardant application concern, or any concern marketing a flame-retardant fabric or material that desires to have its name...
- California Health and Safety Code Section 13128
(a) The annual and renewal registration fee period for chemical manufacturing concerns, concerns marketing a flame-retardant fabric or material, and general applicators shall be for...
- California Health and Safety Code Section 13129
(a) The State Fire Marshal shall remove from the approved list the names of all chemicals, chemically treated fabrics or materials and the names of...
- California Health and Safety Code Section 13130
All money collected pursuant to this chapter shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137, and...
- California Health and Safety Code Section 13131
"Nonambulatory persons" means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be unable,...
- California Health and Safety Code Section 13131.5
(a) All of the following building standards shall apply to any single-story building housing nonambulatory persons which is operated as a residential care facility for...
- California Health and Safety Code Section 13132
Every person, firm, or corporation maintaining or operating any facility for the care of the mentally handicapped shall file a statement with the fire authority...
- California Health and Safety Code Section 13132.7
(a) Within a very high fire hazard severity zone designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section...
- California Health and Safety Code Section 13133
(a) The State Fire Marshal shall develop and adopt regulations establishing new occupancy classifications and specific fire safety standards appropriate for residential facilities, as defined...
- California Health and Safety Code Section 13135
The State Fire Marshal shall adopt regulations for alcoholism or drug abuse recovery or treatment facilities, as defined in Section 11834.11, based on whether the...
- California Health and Safety Code Section 13137
(a) The State Fire Marshal Licensing and Certification Fund is hereby created in the State Treasury. All money in the fund is available for the...
- California Health and Safety Code Section 13138
(a) For state agencies, local agencies, or private entities that are charged for the costs of fire and life safety building code inspections and related...
- California Health and Safety Code Section 13139
(a) On or before January 1, 2008, the State Fire Marshal shall approve and list portable gasoline containers that are designed and constructed according to...
- California Health and Safety Code Section 13140
There is hereby created in the Office of the State Fire Marshal a State Board of Fire Services which shall consist of 18 members. The...
- California Health and Safety Code Section 13140.5
The board shall be composed of the following voting members: the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire...
- California Health and Safety Code Section 13140.6
A quorum of the board shall consist of not less than nine members of the board. Proxy representation shall not be permitted.
- California Health and Safety Code Section 13140.7
The State Fire Marshal shall act as chairman of the board and provide necessary staff services. A vice chairman shall be selected by majority vote...
- California Health and Safety Code Section 13141
The board shall meet at the call of the State Fire Marshal, or at the request of any two members, but not less than annually,...
- California Health and Safety Code Section 13142
The board, shall from time to time make full and complete studies, recommendations, and reports to the Governor and the Legislature for the purpose of...
- California Health and Safety Code Section 13142.6
(a) The board, under the direction of the vice chairperson, shall sit as a board of appeals on the application of the State Fire Marshal's...
- California Health and Safety Code Section 13142.8
When the board sits as a board of appeals: (a) The State Fire Marshal shall not sit as a member of the board. (b) A...
- California Health and Safety Code Section 13143
(a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and...
- California Health and Safety Code Section 13143.1
(a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and...
- California Health and Safety Code Section 13143.2
(a) Except as provided in Section 18930, the State Fire Marshal shall adopt, amend, and repeal fire safety rules and regulations, and, except as otherwise...
- California Health and Safety Code Section 13143.4
The State Fire Marshal shall adopt regulations to authorize National Fire Protection Association 704 Standard System Diamonds, as provided in the 1985 Edition of the...
- California Health and Safety Code Section 13143.5
(a) Notwithstanding Part 2 (commencing with Section 13100) of Division 12, Part 1.5 (commencing with Section 17910) of Division 13, and Part 2.5 (commencing with...
- California Health and Safety Code Section 13143.5
Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing the provisions of Section 13143 or regulations adopted pursuant...
- California Health and Safety Code Section 13143.6
(a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt...
- California Health and Safety Code Section 13143.8
In case of conflict between the State Fire Marshal and the local enforcement agency in the interpretation or application of the provisions, regulations, or building...
- California Health and Safety Code Section 13143.9
(a) The State Fire Marshal shall, in carrying out Section 13143, prepare, adopt, and submit building standards and other fire and life safety regulations for...
- California Health and Safety Code Section 13144
The State Fire Marshal shall prepare in book or bulletin form excerpts of the laws, rules, and regulations dealing with fire and panic safety and...
- California Health and Safety Code Section 13144.1
(a) Except as provided in Sections 18930 and 18933, the State Fire Marshal shall biennially prepare and publish listings of construction materials and equipment and...
- California Health and Safety Code Section 13144.2
Any person, firm, corporation, association, or similar organization desiring listing pursuant to Section 13144.1 shall, prior to placement on any list or revision thereto, make...
- California Health and Safety Code Section 13144.3
The annual and renewal listing established by Section 13144.2 shall be for the fiscal year period from July 1 to June 30 or for the...
- California Health and Safety Code Section 13144.4
The State Fire Marshal may adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of Sections 13144.1, 13144. 2, and 13144.3.
- California Health and Safety Code Section 13144.5
The State Fire Marshal shall prepare and conduct voluntary regular training sessions devoted to the interpretation and application of the laws and rules and regulations...
- California Health and Safety Code Section 13145
The State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated...
- California Health and Safety Code Section 13146
The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and...
- California Health and Safety Code Section 13146.1
(a) Notwithstanding the provisions of Section 13146, the State Fire Marshal, or the State Fire Marshal's authorized representative, shall inspect every jail or place of...
- California Health and Safety Code Section 13146.2
(a) Every city or county fire department or district providing fire protection services required by Sections 13145 and 13146 to enforce building standards adopted by...
- California Health and Safety Code Section 13146.3
The chief of any city or county fire department or district providing fire protection services and his or her authorized representatives shall inspect every building...
- California Health and Safety Code Section 13146.5
The provisions of Sections 13145, 13146 and 13146.3 shall, so far as practicable, be carried out at the local level by persons who are regular...
- California Health and Safety Code Section 13147
The regulations adopted pursuant to subdivision (a) of Section 13143 shall require that the new construction of any school building for which review and approval...
- California Health and Safety Code Section 13150
For purposes of this article, "flammable liquids" shall mean any liquid having a flashpoint below 100 F (37.8 C) and a vapor pressure not exceeding...
- California Health and Safety Code Section 13151
The State Fire Marshal shall prepare and adopt regulations in accordance with the provisions of the Administrative Procedure Act (commencing with Section 11340 of the...
- California Health and Safety Code Section 13152
The authority for the enforcement of the provisions of this article shall be in accordance with Sections 13145 and 13146, Health and Safety Code.
- California Health and Safety Code Section 13153
No person, firm, or corporation shall use, permit, or instruct any other person to use or permit, any portable internal combustion engine-driven pump used for...
- California Health and Safety Code Section 13155
This article shall be known and may be cited as the California Fire Service Training and Education Program Act.
- California Health and Safety Code Section 13156
The Legislature finds and declares that the purposes of this article are as follows: (a) To reduce the costs in suffering and property loss resulting...
- California Health and Safety Code Section 13157
The California Fire Service Training and Education Program is hereby established in the office of the State Fire Marshal. The State Fire Marshal, with policy...
- California Health and Safety Code Section 13158
The State Fire Marshal shall employ under civil service a program manager and staff as necessary to perform the functions for which the program has...
- California Health and Safety Code Section 13159
The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall have the following responsibilities: (a) To make fire...
- California Health and Safety Code Section 13159.1
(a) The State Fire Marshal shall establish additional training standards that include the criteria for curriculum content recommended by the Emergency Response Training Advisory Committee...
- California Health and Safety Code Section 13159.4
The State Fire Marshal shall annually review, revise as necessary, and administer the California Fire Service Training program, shall establish priorities for the use of...
- California Health and Safety Code Section 13159.2
(a) For purposes of this section, the State Fire Marshal shall be referred to as the SFM. (b) The SFM may accept certification by the...
- California Health and Safety Code Section 13159.7
This article shall be known and may be cited as the California Fire and Arson Training Act.
- California Health and Safety Code Section 13159.8
The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall: (a) Establish and validate recommended minimum standards for...
- California Health and Safety Code Section 13159.9
The State Fire Marshal shall: (a) Jointly, with the California Professional Firefighters, promote participation in, sponsor, and administer the California Firefighter Joint Apprenticeship Program as...
- California Health and Safety Code Section 13159.10
There is established in the State Treasury the California Fire and Arson Training Fund. All revenue collected pursuant to Section 13159.8 shall be paid into...
- California Health and Safety Code Section 13160
With the advice of the State Fire Advisory Board, the State Fire Marshal shall adopt, in accordance with the provisions of Chapter 3.5 (commencing with...
- California Health and Safety Code Section 13161
It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and standards adopted by the State Fire...
- California Health and Safety Code Section 13162
No person shall market, distribute, or sell any portable fire extinguisher in this state unless it meets the following requirements: (a) It complies with regulations...
- California Health and Safety Code Section 13163
No person shall engage in the business of, nor perform for a fee, the servicing, charging, or testing of portable fire extinguishers without a license...
- California Health and Safety Code Section 13164
Application for a license to engage in the business of, or perform for a fee, the servicing, charging, or testing of portable fire extinguishers shall...
- California Health and Safety Code Section 13165
Following receipt of the properly completed application and prescribed fees, and compliance with the provisions of this part and the regulations adopted pursuant to Section...
- California Health and Safety Code Section 13166
Original licenses shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each license shall be renewed...
- California Health and Safety Code Section 13167
Application for renewal shall be made on or before November 1st of the year in which the current license expires. Application for renewal shall be...
- California Health and Safety Code Section 13168
The State Fire Marshal may refuse to renew any license in the same manner and for any reason that he is authorized pursuant to Article...
- California Health and Safety Code Section 13169
Every licensee shall notify the State Fire Marshal at his Sacramento office in writing within 15 days of any change of his address.
- California Health and Safety Code Section 13170
Any advertisement of the servicing, charging, or testing of portable fire extinguishers constitutes prima facie evidence that the premises, business, building, room, shop, store or...
- California Health and Safety Code Section 13171
No licensee shall conduct his licensed business or solicit business under a name other than a name or names which appears on his license.
- California Health and Safety Code Section 13172
The State Fire Marshal shall without cost, annually notify the chief fire official of each local fire authority of the name, address and license number...
- California Health and Safety Code Section 13173
The holder of any license shall submit such license for inspection upon request of the State Fire Marshal, any of his properly authorized employees, or...
- California Health and Safety Code Section 13174
Every licensed person shall annually, within seven days of employment and within seven days of termination of employment, report to the State Fire Marshal at...
- California Health and Safety Code Section 13175
No natural person shall service, charge, or test any portable fire extinguisher without a certificate of registration issued by the State Fire Marshal pursuant to...
- California Health and Safety Code Section 13175.1
The provisions of this article shall not apply to any person servicing, charging, or testing any portable fire extinguisher owned by such person when the...
- California Health and Safety Code Section 13176
Application for a certificate of registration to service, charge, or test portable fire extinguishers shall be made in writing to the State Fire Marshal on...
- California Health and Safety Code Section 13177
The State Fire Marshal shall require all applicants for a certificate of registration to take and pass a written examination which may be supplemented by...
- California Health and Safety Code Section 13178
Following receipt of the properly completed application and prescribed fee, and the completion of the required examination, the State Fire Marshal shall issue a certificate...
- California Health and Safety Code Section 13179
Original certificates of registration shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each certificate of...
- California Health and Safety Code Section 13180
Application for renewal shall be made on or before November 1st of the year in which the current certificate of registration expires. Application for renewal...
- California Health and Safety Code Section 13181
The State Fire Marshal may refuse to renew any certificate of registration in the same manner and for any reason that he is authorized pursuant...
- California Health and Safety Code Section 13182
Every certificate of registration holder shall notify the State Fire Marshal at his Sacramento office in writing within 15 days of any change of his
- California Health and Safety Code Section 13183
Every natural person who services, charges, or tests any portable fire extinguisher shall affix a tag to the serviced unit. Such tag shall indicate the...
- California Health and Safety Code Section 13184
The holder of a certificate of registration shall submit such certificate for inspection upon request of the State Fire Marshal, any of his properly authorized...
- California Health and Safety Code Section 13185
The issuance of a license or certificate of registration may be denied by the State Fire Marshal for any of the following reasons: (a) The...
- California Health and Safety Code Section 13186
Within 30 days after receipt of notice of denial sent by the State Fire Marshal by registered or certified mail to the applicant' s last...
- California Health and Safety Code Section 13187
When a statement of issues has been so filed, the State Fire Marshal may order denial pursuant to Chapter 5 (commencing with Section 11500), Part...
- California Health and Safety Code Section 13188
A license or certificate of registration may be suspended or revoked by the State Fire Marshal pursuant to Chapter 5 (commencing with Section 11500), Part...
- California Health and Safety Code Section 13188.1
The State Fire Marshal may, upon a preliminary finding of a violation of the provisions of this part, suspend any license or certificate of registration...
- California Health and Safety Code Section 13188.2
Any applicant who has been denied a license or certificate of registration or who has had a license or certificate of registration suspended, shall be...
- California Health and Safety Code Section 13188.3
Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of...
- California Health and Safety Code Section 13188.4
(a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting...
- California Health and Safety Code Section 13189
(a) The original and annual renewal fee for any license or a certificate of registration issued pursuant to this chapter shall be established by the...
- California Health and Safety Code Section 13190
No special fee other than that charged for an ordinary business license shall be charged for any natural person, corporation, firm, or association, by any...
- California Health and Safety Code Section 13190.1
Except as provided in this article, the State Fire Marshal shall enforce in all areas of the state, the provisions of this chapter and the...
- California Health and Safety Code Section 13190.2
Any governmental agency, including the state, and any city, county, district, or any other political subdivision or public corporation of the state, may, in their...
- California Health and Safety Code Section 13190.3
Any portable fire extinguisher that is required to be installed by any statute or ordinance shall be maintained in accordance with the regulations adopted pursuant...
- California Health and Safety Code Section 13190.4
Every person who violates any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to Section 13160 is guilty of...
- California Health and Safety Code Section 13195
The State Fire Marshal shall adopt and administer the regulations and building standards he or she deems necessary in order to (1) establish and control...
- California Health and Safety Code Section 13195.5
Every automatic fire extinguishing system, including, but not limited to, fire sprinkler systems, engineered and preengineered fixed extinguishing systems, standpipe systems, and alarm and supervisory...
- California Health and Safety Code Section 13196
The regulations and building standards adopted pursuant to Section 13195 shall be enforced pursuant to Sections 13145 and 13146.
- California Health and Safety Code Section 13196.5
(a) Except as provided in subdivisions (b), (c), and (d), no person shall engage in the business of servicing or testing automatic fire extinguishing systems...
- California Health and Safety Code Section 13197
The State Fire Marshal shall adopt regulations to establish and maintain the licensing program required by this chapter. To the extent the State Fire Marshal...
- California Health and Safety Code Section 13197.5
A license may be denied or revoked by the State Fire Marshal for either of the following reasons: (a) The applicant made a material misrepresentation...
- California Health and Safety Code Section 13197.6
(a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting...
- California Health and Safety Code Section 13198
The State Fire Marshal shall adopt a schedule of fees to be paid by licensees in an amount which is necessary to cover the cost...
- California Health and Safety Code Section 13198.5
It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and building standards adopted by the State...
- California Health and Safety Code Section 13199
Any person who violates any provisions of this chapter or any regulation or building standard adopted by the State Fire Marshal pursuant to Section 13195...
- California Health and Safety Code Section 13201
The minimum building standards for all drycleaning plants and processes in this state shall be the provisions published in the State Building Standards Code. The...
- California Health and Safety Code Section 13202
Facilities which are in existence on the effective date of this section need not mandatorily conform or be made to conform with the requirements of...
- California Health and Safety Code Section 13203
The division of authority for the enforcement of this chapter shall be as follows: (a) The chief of any city or county fire department or...
- California Health and Safety Code Section 13210
As used in this chapter: (a) "Existing high-rise structure" means a high-rise structure, the construction of which is commenced or completed prior to July 1,...
- California Health and Safety Code Section 13211
The State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt building standards relating to fire and panic...
- California Health and Safety Code Section 13212
Subject to the provisions of Sections 25 and 18943 of this code, regulations adopted by the State Fire Marshal pursuant to Section 13211 applicable to...
- California Health and Safety Code Section 13213
(a) Building standards and other regulations of the State Fire Marshal applicable to existing high-rise structures shall provide to the greatest feasible extent for the...
- California Health and Safety Code Section 13214
The provisions of this chapter, building standards applicable to high-rise structures published in the State Building Standards Code relating to fire and panic safety, and...
- California Health and Safety Code Section 13215
It is unlawful for any person to construct or maintain any highrise structure in violation of the provisions of this chapter, building standards published in...
- California Health and Safety Code Section 13216
The governing body of any city or county may impose greater restrictions with respect to high-rise structures than are imposed by the building standards published...
- California Health and Safety Code Section 13217
(a) The fire department of any city or county may annually inspect all high-rise structures for compliance with building standards and other regulations of the...
- California Health and Safety Code Section 13220
The owner or operator of any of the following buildings shall provide to persons entering those buildings specific emergency procedures to be followed in the...
- California Health and Safety Code Section 13221
The State Fire Marshal shall adopt regulations for the furnishing of emergency procedure information according to this chapter. Those regulations may include the general contents...
- California Health and Safety Code Section 13223
Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction, shall be punished by a fine of not...
- California Health and Safety Code Section 13230
As used in this chapter, "high rise structure" has the same meaning as defined in Section 13210.
- California Health and Safety Code Section 13233
The owner or operator of any privately owned high rise structure shall annually certify that he or she has requested the appropriate local fire enforcing...
- California Health and Safety Code Section 13234
The State Fire Marshal may establish regulations for certification according to Section 13233, including the general form and contents of letters certifying conformance with high...
- California Health and Safety Code Section 13235
(a) Upon receipt of a request from a prospective licensee of a community care facility, as defined in Section 1502, of a residential care facility...
- California Health and Safety Code Section 13240
This chapter shall be known, and may be cited, as the Propane Storage and Handling Safety Act.
- California Health and Safety Code Section 13240.1
For the purposes of this chapter, the following terms have the following meanings: (a) "Propane storage system" or "system" means any tank or collection of...
- California Health and Safety Code Section 13241
Prior to January 1, 1996, the State Fire Marshal in conjunction with the Occupational Safety and Health Standards Board shall, after public hearings, adopt by...
- California Health and Safety Code Section 13242
The State Fire Marshal, in cooperation with the Department of Industrial Relations as appropriate, shall do all of the following: (a) Prior to January 1,...
- California Health and Safety Code Section 13243
The Department of Industrial Relations shall on or before January 1, 1996, develop a propane storage system inspection training curriculum and certification program for inspectors...
- California Health and Safety Code Section 13243.3
Any requirements adopted as provisions of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) shall supersede this measure.
- California Health and Safety Code Section 13243.6
Any costs incurred by state agencies or departments pursuant to this article, that are not funded through fees pursuant to Section 13244.5, shall be funded...
- California Health and Safety Code Section 13244
(a) All of the following persons or entities shall carry liability insurance set forth in subdivision (b): (1) Any person or entity that owns or...
- California Health and Safety Code Section 13244.1
Notwithstanding any provision of law, any person or entity that owns or operates a business engaged, in whole or in part, in the wholesale or...
- California Health and Safety Code Section 13244.2
If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions...
- California Health and Safety Code Section 13244.5
The State Fire Marshal, in conjunction with local fire departments, shall determine a fee, not to exceed two hundred fifty dollars ($250) per propane storage...
- California Health and Safety Code Section 13250
Whenever, in the judgment of the State Fire Marshal, any person has engaged in or is about to engage in any acts or practices which...
- California Health and Safety Code Section 13251
Every civil action brought under the provisions of this chapter at the request of the State Fire Marshal shall be brought by the district attorney...
- California Health and Safety Code Section 13252
Any civil action brought pursuant to this chapter shall be brought in the county in which the action occurs.
- California Health and Safety Code Section 13253
In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not...
- California Health and Safety Code Section 13260
This chapter shall be known and may be cited as the Carbon Monoxide Poisoning Prevention Act of 2010.
- California Health and Safety Code Section 13261
The Legislature finds and declares all of the following: (a) According to the American Medical Association, carbon monoxide is the leading cause of accidental poisoning...
- California Health and Safety Code Section 13262
For purposes of this chapter, the following definitions shall apply: (a) "Carbon monoxide device" means a device that meets all of the following requirements: (1)...
- California Health and Safety Code Section 13263
(a) (1) The State Fire Marshal shall develop a certification and decertification process to approve and list carbon monoxide devices and to disapprove and delist...
- California Health and Safety Code Section 13800
This part shall be known and may be cited as the Fire Protection District Law of 1987 or as the Bergeson Fire District Law.
- California Health and Safety Code Section 13801
The Legislature finds and declares that the local provision of fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services,...
- California Health and Safety Code Section 13802
As used in this part: (a) "City" means any city whether general law or charter, including a city and county, and including any city the...
- California Health and Safety Code Section 13803
(a) This part provides the authority for the organization and powers of fire protection districts. This part succeeds the Fire Protection District Law of 1961...
- California Health and Safety Code Section 13804
This part is necessary for the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
- California Health and Safety Code Section 13805
If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, district,...
- California Health and Safety Code Section 13806
Any action to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9 (commencing with...
- California Health and Safety Code Section 13810
Any territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district.
- California Health and Safety Code Section 13811
Territory which has been classified as a state responsibility area may be included in a district, except for commercial forest lands which are timbered lands...
- California Health and Safety Code Section 13812
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) shall govern any change...
- California Health and Safety Code Section 13815
A new district may be formed pursuant to this chapter.
- California Health and Safety Code Section 13816
A proposal to form a new district may be made by petition which shall do all of the following: (a) State that the proposal is...
- California Health and Safety Code Section 13817
(a) Before circulating any petition, the chief petitioners shall publish a notice of intention which shall include a written statement not to exceed 500 words...
- California Health and Safety Code Section 13818
The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district,...
- California Health and Safety Code Section 13819
A petition may consist of a single instrument or separate counterparts. The chief petitioner or petitioners shall file the petition, including all counterparts, with the...
- California Health and Safety Code Section 13820
(a) Within 30 days after the date of filing a petition, the executive officer of the local agency formation commission shall cause the petition to...
- California Health and Safety Code Section 13821
(a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of...
- California Health and Safety Code Section 13822
Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution or application, the local agency formation commission shall...
- California Health and Safety Code Section 13823
(a) If the local agency formation commission approves the formation of a district, with or without amendment, wholly, partially, or conditionally, the board of supervisors...
- California Health and Safety Code Section 13823.5
After the local agency formation commission approves the formation of the district, notwithstanding Section 13823, if the board of supervisors finds that the petition filed...
- California Health and Safety Code Section 13824
Within five days after the district formation election has been called, the board of supervisors which has called the election shall transmit by registered mail...
- California Health and Safety Code Section 13825
(a) The chief petitioners or the agency filing the resolution or any member or members of the board of supervisors authorized by the board, or...
- California Health and Safety Code Section 13826
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be...
- California Health and Safety Code Section 13827
The notice of election shall contain all of the following: (a) The date of the election. (b) The name of the proposed district. (c) The...
- California Health and Safety Code Section 13828
(a) The formation election and the election of members of the district board, if any, shall be held and conducted in accordance with the Uniform...
- California Health and Safety Code Section 13829
If the majority of the votes cast at the election is in favor of forming the district the board or boards of supervisors shall by...
- California Health and Safety Code Section 13830
If the district lies in one county, immediately after entering the resolution in the board minutes pursuant to Section 13829, the county clerk shall cause...
- California Health and Safety Code Section 13831
(a) No informality in any proceeding, including informality in the conduct of any election not substantially affecting adversely the legal rights of any person, shall...
- California Health and Safety Code Section 13834
The initial board of directors of a district formed on or after January 1, 1988, shall be determined pursuant to this article.
- California Health and Safety Code Section 13835
In the case of a district which contains only unincorporated territory in a single county, the district board may be elected or may be appointed...
- California Health and Safety Code Section 13836
In the case of a district which contains only unincorporated territory in more than one county, the district board may be elected or may be...
- California Health and Safety Code Section 13837
In the case of a district which contains unincorporated territory and the territory of one or more cities: (a) The district board may be elected...
- California Health and Safety Code Section 13838
In the case of a district which includes only incorporated territory within a single city, the district board may be elected or appointed by the...
- California Health and Safety Code Section 13839
In the case of a district which includes only incorporated territory in more than one city, the district board may be elected or appointed by...
- California Health and Safety Code Section 13840
Every district shall be governed by a legislative body known as a board of directors.
- California Health and Safety Code Section 13841
Except in the case where a county board of supervisors has appointed itself as the district board, each member of a district board and each...
- California Health and Safety Code Section 13842
Except in the case where a county board of supervisors or a city council has appointed itself as the district board, a district board may...
- California Health and Safety Code Section 13843
(a) The term of office of each member of a district board is four years or until his or her successor qualifies and takes office,...
- California Health and Safety Code Section 13844
If a county board of supervisors or a city council has appointed itself as the district board, the board of supervisors or city council may...
- California Health and Safety Code Section 13845
(a) Except in the case where a county board of supervisors or a city council has appointed itself as the district board, the number of...
- California Health and Safety Code Section 13846
(a) In the case of an elected district board, the directors may be elected by divisions if a majority of the voters voting upon the...
- California Health and Safety Code Section 13847
In the case of a district board elected by election divisions, the district board shall adjust the boundaries of the election divisions before November 1...
- California Health and Safety Code Section 13848
(a) If a majority of the voters voting upon the question at a general district or special election are in favor, a district that has...
- California Health and Safety Code Section 13849
(a) Before circulating any petition pursuant to Section 13845, 13846, or 13848 the chief petitioners shall publish a notice of intention which shall include a...
- California Health and Safety Code Section 13850
(a) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the format of the petition. (b) A petition...
- California Health and Safety Code Section 13851
(a) Within 30 days after the date of filing a petition, the secretary of the district board shall cause the petition to be examined and...
- California Health and Safety Code Section 13852
(a) Any vacancy in the office of a member appointed to the district board shall be filled pursuant to Section 1779 of the Government Code....
- California Health and Safety Code Section 13853
(a) Within 60 days after their initial election or appointment and after each general district election or unopposed election, the district board shall meet and...
- California Health and Safety Code Section 13854
(a) Except as provided in subdivision (b), the county treasurer of the principal county shall act as the district treasurer and shall receive no compensation...
- California Health and Safety Code Section 13855
A district board shall meet at least once every three months. Meetings of the board are subject to the provisions of the Ralph M. Brown...
- California Health and Safety Code Section 13856
(a) A majority of the district board shall constitute a quorum for the transaction of business. (b) The district board shall act only by ordinance,...
- California Health and Safety Code Section 13857
(a) Subject to subdivision (b), each member of the district board may receive compensation in an amount set by the district board not to exceed...
- California Health and Safety Code Section 13860
A district has perpetual succession.
- California Health and Safety Code Section 13861
A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this part,...
- California Health and Safety Code Section 13862
A district shall have the power to provide the following services: (a) Fire protection services. (b) Rescue services. (c) Emergency medical services. (d) Hazardous material...
- California Health and Safety Code Section 13863
(a) A district may enter into mutual aid agreements with any federal or state agency, any city, county, city and county, special district, or federally...
- California Health and Safety Code Section 13864
A district may lease or rent any property from an employee, including but not limited to, vehicles or equipment.
- California Health and Safety Code Section 13865
A district may join any local, state, or national group or association which promotes the preservation of life and property from the hazards of fire...
- California Health and Safety Code Section 13866
A district may authorize its directors and employees to attend professional or vocational meetings and pay their actual and necessary traveling and incidental expenses while...
- California Health and Safety Code Section 13867
The acquisition of any equipment for fire protection purposes shall conform to the standardization provisions of Article 1 (commencing with Section 13025) of Chapter 2...
- California Health and Safety Code Section 13868
(a) A district board shall keep a record of all its acts, including its financial transactions. (b) A district may destroy a record pursuant to...
- California Health and Safety Code Section 13869
A district may adopt a fire prevention code by reference pursuant to Article 2 (commencing with Section 50022) of Chapter 1 of Part 1 of...
- California Health and Safety Code Section 13869.7
(a) Any fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 may adopt building standards relating to fire and...
- California Health and Safety Code Section 13870
(a) Notwithstanding any other provision of law, a district board or its authorized representative may issue a written order to correct or eliminate a fire...
- California Health and Safety Code Section 13871
(a) Any citation issued by a district for violation of a fire prevention code or a district ordinance may be processed pursuant to subdivision (d)...
- California Health and Safety Code Section 13872
A district may, by ordinance, authorize its fire chief, or his or her duly authorized representative, to issue citations for the misdemeanors specified in Section...
- California Health and Safety Code Section 13872.5
The fire chief of a city, city and county, or county fire department, or his or her authorized representative, has the same authority as specified...
- California Health and Safety Code Section 13873
Employees of a district shall have the powers of peace officers while engaged in the prevention and suppression of fires and the protection and preservation...
- California Health and Safety Code Section 13874
If a district board has adopted regulations for the control of open fires, no person shall burn any material without a permit. A district shall...
- California Health and Safety Code Section 13875
A district may prepare and disseminate information and operate educational programs, including, but not limited to, those which help to prevent fire, eliminate life hazards,...
- California Health and Safety Code Section 13876
A district board may adopt a resolution to change the name of the district. The resolution shall comply with the requirements of Chapter 23 (commencing...
- California Health and Safety Code Section 13877
A district board may authorize the use of any vehicle, apparatus, or equipment outside the district, subject to any terms and conditions it prescribes.
- California Health and Safety Code Section 13878
A district may contract with any person or public agency to provide district services to territory which is outside the district. A contract shall provide...
- California Health and Safety Code Section 13879
A district board may abate hazardous weeds and rubbish pursuant to Part 5 (commencing with Section 14875). For that purpose, the district board shall be...
- California Health and Safety Code Section 13885
Except as otherwise provided in this part, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10...
- California Health and Safety Code Section 13886
A district board may require that its election of district board members be held on the same day as the statewide general election pursuant to...
- California Health and Safety Code Section 13887
The expense of an election on the question of the formation of a district shall be paid by the county if the proposition fails. If...
- California Health and Safety Code Section 13890
On or before June 30 of each year, a district board shall adopt a preliminary budget which shall conform to the accounting and budgeting procedures...
- California Health and Safety Code Section 13891
On or after July 1 of each year, the amounts set forth in the preliminary budget, except obligations for fixed assets and new permanent employee...
- California Health and Safety Code Section 13892
If the district board determines that the amount of revenue for the coming fiscal year will be inadequate to meet the amount of expenditures needed...
- California Health and Safety Code Section 13893
(a) On or before June 30 of each year, a district board shall publish a notice stating all of the following: (1) That it has...
- California Health and Safety Code Section 13894
At the time and place specified for the meeting, any person may appear and be heard regarding any item in the budget or regarding the...
- California Health and Safety Code Section 13895
On or before October 1 of each year, after making any changes in the preliminary budget, the board shall adopt a final budget. The final...
- California Health and Safety Code Section 13896
The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter...
- California Health and Safety Code Section 13897
A district may borrow money and incur indebtedness pursuant to the authority contained in Article 7 (commencing with Section 53820), Article 7.4 (commencing with Section...
- California Health and Safety Code Section 13898
A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any...
- California Health and Safety Code Section 13899
All taxes and assessments levied under this chapter shall be computed and entered on the county assessment roll and collected at the same time and...
- California Health and Safety Code Section 13900
At any regular meeting or properly noticed special meeting, a district board by two-thirds majority vote of the total membership of the district board may...
- California Health and Safety Code Section 13901
If it finds that an emergency affects the ability of a district to furnish adequate fire protection services, rescue services, emergency medical services, hazardous material...
- California Health and Safety Code Section 13902
(a) A district board may establish a reserve for capital outlays and shall declare the purposes for which the reserve is to be used. (b)...
- California Health and Safety Code Section 13903
(a) All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section...
- California Health and Safety Code Section 13904
If a warrant is presented to the district treasurer for payment and the treasurer cannot pay it for want of funds in the account on...
- California Health and Safety Code Section 13905
Notwithstanding Section 13903, a district board may adopt a resolution ordering the establishment of a petty cash fund to pay small bills directly. The resolution...
- California Health and Safety Code Section 13906
(a) A district may acquire any necessary property by purchase or purchase on contract with money borrowed pursuant to this section. (b) The amount of...
- California Health and Safety Code Section 13910
Whenever the district board determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs...
- California Health and Safety Code Section 13911
A district may levy a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of...
- California Health and Safety Code Section 13912
A district may levy a special tax pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1...
- California Health and Safety Code Section 13913
A district may levy a special tax pursuant to Article 16 (commencing with Section 53970) of Chapter 4 of Part 1 of Division 2 of...
- California Health and Safety Code Section 13914
A district may levy an assessment for fire suppression services pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of...
- California Health and Safety Code Section 13915
A district may levy assessments to finance capital improvements pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the Improvement Bond...
- California Health and Safety Code Section 13916
(a) A district board may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any...
- California Health and Safety Code Section 13917
A district board may charge residents or taxpayers of the district a fee authorized pursuant to Section 13916 which is less than the fee which...
- California Health and Safety Code Section 13918
Notwithstanding Section 6103 of the Government Code, a district board may charge a fee authorized pursuant to Section 13916 to other public agencies.
- California Health and Safety Code Section 13919
A district board may waive payment of a fee authorized pursuant to Section 13916 when it determines that payment would not be in the public...
- California Health and Safety Code Section 13925
Whenever a district board determines that it is necessary to incur a general obligation bonded indebtedness for the acquisition or construction of any real property...
- California Health and Safety Code Section 13926
The resolution shall state: (a) The purpose for which the proposed debt is to be incurred, which may include expenses for the authorization, issuance, and...
- California Health and Safety Code Section 13927
The election shall be conducted pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code.
- California Health and Safety Code Section 13928
If two-thirds of voters voting upon the proposition favor incurring the indebtedness and issuing the bonds, the district board may adopt resolutions to issue bonds...
- California Health and Safety Code Section 13929
The district board may provide for the issuance of bonds in any amounts, in any series, and on any terms, provided that they do not...
- California Health and Safety Code Section 13930
The district board shall adopt a resolution prescribing the form and denomination of the bonds and any coupons. The resolution shall specify the dates on...
- California Health and Safety Code Section 13931
The district board may provide for the call and redemption of bonds before their maturity at times and prices and upon any other terms as...
- California Health and Safety Code Section 13932
The principal and interest of the bonds shall be payable in lawful money of the United States at the office of the district treasurer or...
- California Health and Safety Code Section 13933
(a) The bonds shall be dated, numbered consecutively, and be signed by the president of the district board and the district treasurer. The district treasurer...
- California Health and Safety Code Section 13934
(a) Before selling the bonds or coupons, the district board shall give notice inviting sealed bids. At a minimum, the district board shall publish notice...
- California Health and Safety Code Section 13935
(a) All premiums and accrued interest received from the sale of the bonds shall be deposited with the district treasurer in a special bond service...
- California Health and Safety Code Section 13936
Any general obligation bonds issued by a district have the same force, value, and use as bonds issued by a city and the bonds and...
- California Health and Safety Code Section 13937
A district shall not incur a bonded indebtedness in excess of 10 percent of the assessed value of all taxable property within the district.
- California Health and Safety Code Section 13938
(a) After incurring a general obligation indebtedness, and annually thereafter until the indebtedness is paid or until there is a sum in the district treasury...
- California Health and Safety Code Section 13950
(a) Whenever a district board determines that it is in the public interest to provide different services, to provide different levels of service, or to...
- California Health and Safety Code Section 13951
A district board may change the boundaries of a service zone or dissolve a zone by following the procedures in Section 13950.
- California Health and Safety Code Section 13952
A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a service zone, a...
- California Health and Safety Code Section 13953
As determined by the district board, a service zone may provide any service at any level within its boundaries which the district may provide.
- California Health and Safety Code Section 13954
As determined by the district board and pursuant to the requirements of this part, a service zone may exercise any fiscal powers within its boundaries...
- California Health and Safety Code Section 13955
Any taxes, special taxes, assessments, or fees which are intended solely for the support of services within a zone shall be levied, assessed, and collected...
- California Health and Safety Code Section 13956
To assist it in the operation of a service zone, the district board may appoint one or more advisory groups composed of persons who reside...
- California Health and Safety Code Section 13960
(a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all fire protection...
- California Health and Safety Code Section 13961
(a) A district board may adopt an ordinance establishing an employee relations system. (b) "Employee relations system" as used in this chapter means a civil...
- California Health and Safety Code Section 13962
(a) Upon receipt of a petition proposing an employee relations system for employees of the district, signed by at least 10 percent of the registered...
- California Health and Safety Code Section 13963
When more than one district is governed by the same board of directors, the district board may do all of the following: (a) Adopt the...
- California Health and Safety Code Section 13964
If a county board of supervisors has appointed itself as the district board, it may change to district status any employee of a county fire...
- California Health and Safety Code Section 13965
If the civil service commission or body performing employee relations functions for a district finds that a person has been employed by a city or...
- California Health and Safety Code Section 13966
(a) In the case of a district where the Board of Supervisors of the County of Santa Clara has appointed itself as the district board...
- California Health and Safety Code Section 13967
A district board may require any employee of the district to be bonded. The district shall pay the cost of the bonds.
- California Health and Safety Code Section 13968
A district board may provide for any programs for the benefits of its employees or members of the district board, pursuant to Chapter 2 (commencing...
- California Health and Safety Code Section 13969
A district board shall train all employees of the district who are expected to provide services pursuant to Section 13862, except those whose duties are...
- California Health and Safety Code Section 13970
A fire protection district shall be considered a "fire district" to grant leaves of absence in lieu of temporary disability payments pursuant to Article 7...
- California Health and Safety Code Section 14825
(a) Fire companies in unincorporated towns may be organized by filing a certificate signed by the foreman or presiding officer and by the secretary, with...
- California Health and Safety Code Section 14826
The certificate shall set forth the following matters: (a) The date of organization. (b) The name of the company. (c) The names of the officers....
- California Health and Safety Code Section 14827
The certificate shall be filed by February 1 of each year. The board of supervisors may, by ordinance, require an updated or second filing each
- California Health and Safety Code Section 14828
There shall not be in any one unincorporated town more than one company for each one thousand inhabitants, but one company may be allowed in...
- California Health and Safety Code Section 14829
An engine company may consist of not more than 65 certificate members; a hook-and-ladder company of not more than 65 certificate members; a hose company...
- California Health and Safety Code Section 14830
Every fire company shall choose or elect a foreman, or president, who is the presiding officer, and a secretary and treasurer.
- California Health and Safety Code Section 14831
The board of supervisors of a county that has a population of 400,000 or more on or after January 1, 1985, may, by ordinance, regulate...
- California Health and Safety Code Section 14832
The city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing services within its city.
- California Health and Safety Code Section 14833
Fire company vehicles granted exempt California vehicle registration or displaying exempt California license plates shall be properly insured, marked, and identified as a fire company...
- California Health and Safety Code Section 14835
Every fire company may establish and adopt bylaws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense.
- California Health and Safety Code Section 14836
Every fire company regularly organized may adopt a seal, having upon it the arms of the State, and the name of the company to which...
- California Health and Safety Code Section 14837
The seal shall be under the control of and for the use of the secretary, and be by him affixed to exempt certificates, certificates of...
- California Health and Safety Code Section 14838
The secretary of every company having a seal shall take the constitutional oath of office and give a bond as the bylaws provide for the...
- California Health and Safety Code Section 14839
The secretary shall keep a record of all certificates of exemption or active membership, their date, and to whom issued; and when the company has...
- California Health and Safety Code Section 14840
Every certificate is prima facie evidence of the facts stated in it.
- California Health and Safety Code Section 14841
The chief or ranking officer of every fire company shall inquire into the cause of, and keep a record of, every fire occurring in the
- California Health and Safety Code Section 14842
The chief or ranking officer shall aid in the enforcement of all fire ordinances, examine buildings in process of erection, report violations of ordinances relating...
- California Health and Safety Code Section 14843
The chief or ranking officer shall perform other duties as may be by proper authority imposed upon him or her.
- California Health and Safety Code Section 14844
Every chief, if any, shall attend all fires with his or her badge of office conspicuously displayed.
- California Health and Safety Code Section 14845
The chief or ranking officer shall prevent injury to, take charge of, and preserve all property rescued from fires, and return the property to its...
- California Health and Safety Code Section 14855
The active volunteer firefighters of volunteer fire companies or departments regularly organized and recognized by the Fire and Rescue Operational Area Coordinator or the county...
- California Health and Safety Code Section 14856
The burden of providing proof of eligibility for the privileges and exemptions of Section 14855 shall be the responsibility of the volunteer firefighter with the...
- California Health and Safety Code Section 14860
Every officer of a fire company or department who willfully issues or causes to be issued any certificate of exemption to a person not entitled...
- California Health and Safety Code Section 14875
"Weeds," as used in this part, means vegetation growing upon streets, sidewalks, or private property in any county, including any fire protection district and may...
- California Health and Safety Code Section 14876
Weeds may be declared a public nuisance and may be abated as provided in this part.
- California Health and Safety Code Section 14880
Whenever weeds are growing upon any street, sidewalk, or on private property in any county, the board of supervisors, by resolution, may declare the weeds...
- California Health and Safety Code Section 14881
The resolution shall refer, by the name under which it is commonly known, to the street, highway, or road upon which the nuisance exists, upon...
- California Health and Safety Code Section 14882
If the private property fronts or abuts upon more than one street, highway, or road, it is necessary to refer to only one of the...
- California Health and Safety Code Section 14883
The resolution shall describe the property upon which, or in front of which the nuisance exists by describing the property by reference to the tract,...
- California Health and Safety Code Section 14884
Any number of streets, highways, roads, or parcels of private property may be included in one resolution.
- California Health and Safety Code Section 14890
The board of supervisors shall designate the person to give notice to destroy weeds. This may be any one of the following: (a) The county...
- California Health and Safety Code Section 14891
The notices shall be headed "Notice to destroy weeds," in words not less than one inch in height.
- California Health and Safety Code Section 14892
The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS. Notice is hereby given that on the ____ day of ____, 19__,...
- California Health and Safety Code Section 14893
The notices shall be conspicuously posted in front of the property on which or in front of which the nuisance exists, or if the property...
- California Health and Safety Code Section 14894
The notices shall be posted not more than one hundred feet in distance apart, but at least one notice shall be posted on each lot...
- California Health and Safety Code Section 14895
Notice of the hearing prescribed in Section 14892 shall be published once in a newspaper of general circulation printed and published in the county, not...
- California Health and Safety Code Section 14896
As an alternative to posting and publication, notice in the form required in Section 14892 may be mailed to the property owners as their names...
- California Health and Safety Code Section 14898
At the time stated in the notices, the board of supervisors shall hear and consider all objections or protests, if any, to the proposed removal...
- California Health and Safety Code Section 14899
Upon the conclusion of the hearing the board shall allow or overrule any or all objections, whereupon the board shall acquire jurisdiction to proceed and...
- California Health and Safety Code Section 14900
After final action is taken by the board on the disposition of any protests or objections or in case no protests or objections are received,...
- California Health and Safety Code Section 14900.5
If the nuisance is seasonal and recurrent, the board of supervisors shall so declare. Thereafter, such seasonal and recurring weeds shall be abated every year...
- California Health and Safety Code Section 14900.6
In the case of weeds which have previously been declared to constitute a seasonal and recurring nuisance, it is sufficient to mail a post card...
- California Health and Safety Code Section 14901
The officer, board or commission, and his or its assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the...
- California Health and Safety Code Section 14902
Before the arrival of the officer, board, or commission, or their representatives, any property owner may remove weeds at his or her own expense. Nevertheless,...
- California Health and Safety Code Section 14905
The officer, board or commission abating the nuisance shall keep an account of the cost of abatement in front of or on each separate parcel...
- California Health and Safety Code Section 14906
Before the report is submitted to the board of supervisors, a copy of it shall be posted for at least three days on or near...
- California Health and Safety Code Section 14910
At the time fixed for receiving and considering the report, the board shall hear it and any objections of any of the property owners liable...
- California Health and Safety Code Section 14911
Thereupon the board may make such modifications in the report as it deems necessary, after which, by order or resolution, the report shall be confirmed.
- California Health and Safety Code Section 14912
The amount of the costs for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as...
- California Health and Safety Code Section 14915
A copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August...
- California Health and Safety Code Section 14916
The tax collector shall include the amount of the assessment on bills for taxes levied against the respective lots and parcels of land.
- California Health and Safety Code Section 14917
Thereafter the amounts of the assessments shall be collected at the same time and in the same manner as county taxes are collected, and are...
- California Health and Safety Code Section 14918
All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessment taxes.
- California Health and Safety Code Section 14919
The county tax collector may, in his discretion, issue separate bills for such special assessment taxes and separate receipts for collection on account of such
- California Health and Safety Code Section 14920
All or any portion of any such special assessment, penalty or costs heretofore or hereafter entered, shall on order of the board of supervisors be...
- California Health and Safety Code Section 14921
No order for a refund under the foregoing section shall be made except on a claim: (a) Verified by the person who paid the special...
- California Health and Safety Code Section 14922
The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the same...
- California Health and Safety Code Section 14930
The board of supervisors may, by ordinance, compel the owner, lessee, or occupant of buildings, grounds, or lots in the county, to remove dirt, rubbish,...
- California Health and Safety Code Section 14931
The ordinance may require or provide any of the following: (a) Require and provide for the removal of grass, weeds, or other obstructions from the...
- California Health and Safety Code Section 14940
The Legislature finds and declares that unreasonable risks of death and serious bodily injury are caused by fires started by the operation of cigarette lighters...
- California Health and Safety Code Section 14941
As used in this part, the following terms shall have the following meanings: (a) "Cigarette lighter" means a device used to light cigarettes, cigars, and...
- California Health and Safety Code Section 14942
(a) The State Fire Marshal shall adopt regulations by January 1, 1994, that specify standards for the special design of cigarette lighters, using an 80...
- California Health and Safety Code Section 14943
(a) No person shall sell, offer for sale, or distribute a cigarette lighter that does not comply with the standards adopted by the State Fire...
- California Health and Safety Code Section 14950
(a) This part shall be known and may be cited as the California Cigarette Fire Safety and Firefighter Protection Act. (b) As used in this...
- California Health and Safety Code Section 14951
(a) A person shall not sell, offer, or possess for sale in this state cigarettes not in compliance with the following requirements: (1) The cigarettes...
- California Health and Safety Code Section 14952
(a) (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, "Standard Test Method for...
- California Health and Safety Code Section 14953
(a) Each manufacturer shall submit a written certification to the State Fire Marshal attesting that each cigarette listed in the certification has been tested in...
- California Health and Safety Code Section 14954
(a) Cigarettes that are certified by a manufacturer in accordance with Section 14953 shall be marked on the packaging and case to indicate compliance with...
- California Health and Safety Code Section 14955
(a) Any manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of...
- California Health and Safety Code Section 14956
(a) Inspections may be made at any place where cigarettes are sold, offered for sale, or stored or at any site where there is evidence...
- California Health and Safety Code Section 14957
Upon discovery by the board or a law enforcement agency that any person offers or possesses for sale, or has made a sale of, cigarettes...
- California Health and Safety Code Section 14958
Any person who knowingly fails or refuses to allow an inspection by the board, pursuant to Section 14956, is subject to a civil penalty not...
- California Health and Safety Code Section 14959
This part shall cease to be applicable if federal fire safety standards for cigarettes that preempt this act are enacted and take effect subsequent to...
- California Health and Safety Code Section 14960
This part shall become operative on January 1, 2007.
- California Health and Safety Code Section 16000
This chapter shall be known and may be cited as the Essential Services Buildings Seismic Safety Act of 1986.
- California Health and Safety Code Section 16001
It is the intent of the Legislature that essential services buildings, which shall be capable of providing essential services to the public after a disaster,...
- California Health and Safety Code Section 16002
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Health and Safety Code Section 16003
"Architect" means a person who is certified under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code.
- California Health and Safety Code Section 16004
"Civil engineer" means a person who is registered as a civil engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business...
- California Health and Safety Code Section 16005
"Construction or alteration" includes any construction of, addition to, reconstruction of, or alteration to any essential services building.
- California Health and Safety Code Section 16006
"Enforcement agency" means the agency of a city, city and county, or county responsible for building safety within its jurisdiction. The office of the State...
- California Health and Safety Code Section 16007
"Essential services building" means any building, including buildings designed and constructed, for public agencies used, or designed to be used, or any building a portion...
- California Health and Safety Code Section 16008
"Structural engineer" means a person who is authorized to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of...
- California Health and Safety Code Section 16009
The appropriate enforcement agency which meets the requirements of Sections 16017 and 16018 shall review the design and inspect the construction of essential services buildings...
- California Health and Safety Code Section 16010
Essential services buildings of one-story Type V and Type II N construction that are 2,000 square feet or less in floor area are exempt from...
- California Health and Safety Code Section 16011
Unless a contract for the construction or alteration of an essential services building is entered into prior to July 1, 1986, before adopting any drawings...
- California Health and Safety Code Section 16012
In each case, the application for approval of the drawings and specifications for essential services buildings shall be accompanied by comprehensive and complete drawings, design...
- California Health and Safety Code Section 16013
The enforcement agency shall approve or reject all drawings and specifications for the construction or the alteration of all essential services buildings, and in doing...
- California Health and Safety Code Section 16014
(a) Except as otherwise provided in subdivision (b), drawings and specifications submitted pursuant to this chapter for construction, reconstruction, remodeling, additions, or alterations which affect...
- California Health and Safety Code Section 16015
All drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer, who shall sign all drawings and...
- California Health and Safety Code Section 16016
Except as provided in Section 16011, on and after July 1, 1986, construction of an essential services building shall not begin unless the drawings and...
- California Health and Safety Code Section 16017
During construction or alteration of an essential services building, the building owner shall provide for, and the local enforcement agency shall require, competent, adequate, and...
- California Health and Safety Code Section 16017.5
(a) Notwithstanding any provision of law to the contrary, including, but not limited to, Title 15 (commencing with Section 3082) of Part 4 of the...
- California Health and Safety Code Section 16017.5
(a) Notwithstanding any provision of law to the contrary, including, but not limited to, Part 6 (commencing with Section 8000) of Division 4 of the...
- California Health and Safety Code Section 16018
An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for essential services buildings if the enforcement agency has an architect,...
- California Health and Safety Code Section 16019
A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 16017 and 16018 shall obtain necessary qualified personnel to meet the requirements...
- California Health and Safety Code Section 16020
Periodically, as the work of construction or alteration progresses and whenever the enforcement agency requires, except as exempt under Section 16010, the architect, civil engineer,...
- California Health and Safety Code Section 16021
Periodically, as the work of construction or alteration progresses and whenever the enforcement agency requires, except as exempt under Section 16010, the inspector on the...
- California Health and Safety Code Section 16022
The State Architect shall do all of the following: (a) Observe the implementation and administration of this chapter. (b) Establish and adopt, in consultation with...
- California Health and Safety Code Section 16023
Any person who willfully violates this chapter is guilty of a misdemeanor.
- California Health and Safety Code Section 16100
As used in this chapter: (a) "Earthquake hazard mitigation technologies" includes, but is not limited to, seismic isolation, energy dissipation, ductility, damping systems, and other...
- California Health and Safety Code Section 16101
(a) The Seismic Safety Commission, in cooperation with the State Architect, shall develop a state policy on acceptable levels of earthquake risk for new and...
- California Health and Safety Code Section 16102
(a) The State Architect shall develop and adopt by January 1, 1992, regulations for the application of earthquake hazard mitigation technologies to buildings which do...
- California Health and Safety Code Section 16103
(a) The State Architect shall seek the advice and cooperation of appropriate state agencies, structural and earthquake engineering professional organizations, the California Building Officials, the...
- California Health and Safety Code Section 16104
(a) The State Architect shall select suitable buildings and provide direction and supervision for the use of earthquake hazard mitigation technologies on three buildings owned...
- California Health and Safety Code Section 16106
(a) The State Architect shall develop and publish informational material describing the anticipated earthquake performance of new and existing buildings afforded by current and earlier...
- California Health and Safety Code Section 16107
(a) The University of California, the California State University, the Department of Corrections, and public agencies are encouraged to develop and implement policies and performance...
- California Health and Safety Code Section 16107.5
No provision of this chapter or the regulations adopted pursuant thereto, shall reduce, alter, or diminish the authority of the design professional who signs the...
- California Health and Safety Code Section 16108
(a) Private and public agency building owners and developers may, and are encouraged to, use the provisions of this chapter for new and existing buildings....
- California Health and Safety Code Section 16109
In the event that a project involving buildings utilizing earthquake mitigation technologies and other new seismic resistant design technologies requires design review and plan approval...
- California Health and Safety Code Section 16110
The State Architect shall periodically inform the Seismic Safety Commission with respect to the implementation and administration of this chapter.
- California Health and Safety Code Section 16500
The office of the State Architect shall adopt guidelines applicable to substandard conditions of school buildings, as defined in Section 17283 of the Education Code,...
- California Health and Safety Code Section 16600
(a) The State Architect and the State Building Standards Commission, in consultation with, and with the concurrence of, the University of California, the California State...
- California Health and Safety Code Section 16601
(a) The State Building Standards Commission shall review and approve the guidelines adopted by the State Architect and the State Building Standards Commission pursuant to...
- California Health and Safety Code Section 16603
No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by...
- California Health and Safety Code Section 16604
It is the intent of the Legislature that funds to carry out the provisions of this chapter in the amount of thirty thousand dollars ($30,000)...
- California Health and Safety Code Section 17000
This part shall be known as the Employee Housing Act.
- California Health and Safety Code Section 17001
Buildings used for human habitation, and buildings accessory thereto, within employee housing shall comply with the building standards published in the State Building Standards Code...
- California Health and Safety Code Section 17002
The provisions of this part are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically...
- California Health and Safety Code Section 17003
"Commission," as used in this part, means the Commission of Housing and Community Development.
- California Health and Safety Code Section 17003.5
Any reference in this division to the Commission of Housing and Community Development shall be deemed to be to the Department of Housing and Community...
- California Health and Safety Code Section 17004
"Department," as used in this part, means the Department of Housing and Community Development.
- California Health and Safety Code Section 17005
"Employee," as used in this part, does not include any of the following: (a) A person engaged in household domestic service. (b) A person employed...
- California Health and Safety Code Section 17005.5
(a) "Employee community housing" means a community of single family detached dwellings which meet all of the following requirements: (1) Each dwelling has a minimum...
- California Health and Safety Code Section 17006
"Resident-employment housing," as used in this part, means apartment houses, hotels, motels, or dwellings, where living quarters are provided for five or more employees employed...
- California Health and Safety Code Section 17007
"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...
- California Health and Safety Code Section 17008
(a) "Employee housing," as used in this part, means any portion of any housing accommodation, or property upon which a housing accommodation is located, if...
- California Health and Safety Code Section 17009
"Labor supply employee housing," as used in this part, means any place, area, or piece of land where housing is provided for five or more...
- California Health and Safety Code Section 17009.5
(a) "Person," as used in this part, includes any natural person, firm, association, organization, partnership, business trust, company, joint stock company, corporation, limited liability company,...
- California Health and Safety Code Section 17010
(a) "Temporary employee housing," as used in this part, means a labor camp which is not operated on the same site annually and which is...
- California Health and Safety Code Section 17011
"Sleeping place," as used in this part, means a dwelling, bunkhouse, tent, mobilehome, or other structure or shelter in which employees are housed in any...
- California Health and Safety Code Section 17020
(a) Except as otherwise provided in this part, the provisions of this part, building standards published in the State Building Standards Code relating to employee...
- California Health and Safety Code Section 17021
(a) Except as provided in Sections 17021.5 and 17021.6, local use zone requirements, local fire zones, property line, source of water supply and method of...
- California Health and Safety Code Section 17021.5
(a) Any employee housing which has qualified, or is intended to qualify, for a permit to operate pursuant to this part may invoke the provisions...
- California Health and Safety Code Section 17021.6
(a) The owner of any employee housing who has qualified or intends to qualify for a permit to operate pursuant to this part may invoke...
- California Health and Safety Code Section 17021.7
Notwithstanding subdivision (b) of Section 18214, subdivision (b) of Section 18862.39, and subdivision (b) of Section 18862.47, mobilehomes and recreational vehicles used to house agricultural...
- California Health and Safety Code Section 17022
Enforcement of occupational safety and health standards established pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code is hereby...
- California Health and Safety Code Section 17022.5
The department shall adopt, and make available to the public, model or prototype plans for several types of employee housing, including, but not limited to,...
- California Health and Safety Code Section 17023
(a) Rules and regulations adopted or continued in effect pursuant to the provisions of this part relating to the erection or construction of buildings or...
- California Health and Safety Code Section 17024
This part does not apply to resident-employment housing provided for faculty or employees of any public or privately operated school, college, or university. This part...
- California Health and Safety Code Section 17030
(a) Every person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part....
- California Health and Safety Code Section 17030.5
(a) A permit to operate employee housing consisting only of permanent single-family housing may, when approved by the enforcement agency, be issued for a longer...
- California Health and Safety Code Section 17031
(a) (1) The operator of employee housing on a dairy farm that meets the requirements of Section 32505 of the Food and Agricultural Code, consisting...
- California Health and Safety Code Section 17031.3
(a) Every person operating or owning employee community housing shall obtain a permit to operate such housing as a labor camp pursuant to this part...
- California Health and Safety Code Section 17031.4
When the enforcement agency is a local agency, upon granting an exemption pursuant to Section 17031.3, the enforcement agency shall submit the following information to...
- California Health and Safety Code Section 17031.5
(a) No person operating employee housing shall terminate or modify a tenancy by increasing rent, decreasing services, threatening to bring or bringing an action to...
- California Health and Safety Code Section 17031.6
(a) In any action brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure,...
- California Health and Safety Code Section 17031.7
(a) No person operating employee community housing that has been granted an exemption pursuant to Section 17031.3, or who is in the process of applying...
- California Health and Safety Code Section 17031.8
(a) An agency that exercises the responsibility for the enforcement of this part pursuant to Section 17050 shall submit to the Department of Housing and...
- California Health and Safety Code Section 17032
Application for a permit to operate shall be made to the enforcement agency at least 45 days prior to the date of initial occupancy and...
- California Health and Safety Code Section 17033
Section 17032 shall not apply to employee housing owned or operated by railroad corporations. Application for a permit to operate employee housing owned or operated...
- California Health and Safety Code Section 17034
If any person who holds an annual permit to operate employee housing violates any of the provisions of this part, building standards published in the...
- California Health and Safety Code Section 17035
The department shall establish and maintain a roster of all employee housing having a valid permit to operate.
- California Health and Safety Code Section 17036
(a) Except as provided in Section 18930, the department shall adopt regulations that it determines are necessary for the administration and enforcement of this part....
- California Health and Safety Code Section 17037
Every person, or the agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this part, with building standards...
- California Health and Safety Code Section 17037.5
(a) Any person who ceases to operate or maintain employee housing that is subject to the permit requirement pursuant to this part shall be required...
- California Health and Safety Code Section 17038
At all employee housing, a responsible person shall be appointed by the operator to maintain the employee housing in compliance with the use, maintenance, and...
- California Health and Safety Code Section 17039
(a) Every occupant of employee housing shall properly use the facilities furnished and shall comply with the relevant maintenance and sanitation provisions of this part....
- California Health and Safety Code Section 17040
(a) Except as provided in Section 18930, the department shall adopt, amend, or repeal rules and regulations for the protection of the public health, safety,...
- California Health and Safety Code Section 17041
(a) Except as provided in Section 17011, the rules and regulations adopted, amended, or repealed from time to time pursuant to this part shall be...
- California Health and Safety Code Section 17042
Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section...
- California Health and Safety Code Section 17043
Notwithstanding any other provision of law, if the condition rendering any of the accommodations in a labor camp substandard is the overcrowding of the accommodations,...
- California Health and Safety Code Section 17043
(a) Notwithstanding any other provision of law, if the condition rendering any of the accommodations in employee housing substandard is the overcrowding of the accommodations,...
- California Health and Safety Code Section 17050
(a) Except as provided in Section 18930, the Department of Housing and Community Development may promulgate rules and regulations to interpret and make specific this...
- California Health and Safety Code Section 17051
For the purpose of securing compliance with this part, the officers and agents of the enforcement agency may serve any process or notice throughout its
- California Health and Safety Code Section 17052
The enforcement agency shall annually enter and inspect, and reinspect as necessary, all employee housing accommodations for compliance with the provisions of this part and...
- California Health and Safety Code Section 17053
The department shall maintain a file of all reports of complaint or other significant information regarding employee housing maintenance and operation. Each file and information...
- California Health and Safety Code Section 17054
The Attorney General, upon the request of the Director of Housing and Community Development, shall conduct such investigations as may be necessary to determine whether...
- California Health and Safety Code Section 17055
(a) Any person residing in employee housing subject to this part may file an administrative complaint orally or in writing with the enforcement agency. The...
- California Health and Safety Code Section 17056
(a) In every part of the state, notwithstanding assumption of responsibilities by local enforcement agencies pursuant to Section 17050, the department shall establish procedures and...
- California Health and Safety Code Section 17060
(a) Any employee housing which does not conform to this part, building standards published in the State Building Standards Code relating to employee housing, the...
- California Health and Safety Code Section 17060.2
(a) Notwithstanding any other provision of law, the operator of employee housing shall provide a resident of every unit in the employee housing with a...
- California Health and Safety Code Section 17060.5
(a) The sale or other transfer of property to a third party shall not render moot an action or proceeding brought pursuant to this chapter...
- California Health and Safety Code Section 17061
(a) Any person who violates, or causes another person to violate, any provision of this part is guilty of a misdemeanor, punishable by a fine...
- California Health and Safety Code Section 17061.5
(a) Any person who is convicted pursuant to Section 17061 for a second or subsequent time within a five-year period or is convicted pursuant to...
- California Health and Safety Code Section 17061.7
(a) Any person found in contempt of a court order or injunction pursuant to Section 17060, or who is convicted pursuant to Section 17061, for...
- California Health and Safety Code Section 17061.9
(a) In addition to other remedies provided in this part, the Director of the Department of Housing and Community Development or his or her designee...
- California Health and Safety Code Section 17062
(a) Any state or local agency which participated in the investigation and enforcement pursuant to this part shall be reimbursed for its investigative and legal...
- California Health and Safety Code Section 17062.5
All fines, civil penalties, and damages awarded pursuant to this part shall be paid as provided in this section. The court order shall direct payment...
- California Health and Safety Code Section 17910
This part is known as the "State Housing Law."
- California Health and Safety Code Section 17911
The provisions of this part do not apply to any building regulated by Part 2 (commencing with Section 18000), Part 2.1 (commencing with Section 18200),...
- California Health and Safety Code Section 17912
Rules and regulations promulgated pursuant to the provisions of this part and building standards published in the State Building Standards Code, relating to the erection...
- California Health and Safety Code Section 17913
(a) The department shall notify the entities listed in subdivision (c) of the dates that each of the uniform codes published by the specific organizations...
- California Health and Safety Code Section 17920
As used in this part: (a) "Approved" means acceptable to the department. (b) "Building" means a structure subject to this part. (c) "Building standard" means...
- California Health and Safety Code Section 17920.3
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which...
- California Health and Safety Code Section 17920.5
As used in this part "local appeals board" means the board or agency of a city or county which is authorized by the governing body...
- California Health and Safety Code Section 17920.6
As used in this part, "housing appeals board" means the board or agency of a city or county which is authorized by the governing body...
- California Health and Safety Code Section 17920.8
In addition to any other requirements for location of exit signs or devices in hotels, motels, or apartment houses, the State Fire Marshal shall adopt...
- California Health and Safety Code Section 17920.9
(a) The department shall propose adoption, amendment, or repeal by the California Building Standards Commission pursuant to Chapter 4 (commencing with Section 18935) of Part...
- California Health and Safety Code Section 17920.10
(a) Any building or portion thereof including any dwelling unit, guestroom, or suite of rooms, or portion thereof, or the premises on which it is...
- California Health and Safety Code Section 17921
(a) Except as provided in subdivision (b), the department shall propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission...
- California Health and Safety Code Section 17921.1
Notwithstanding the provisions of Section 17921, and except as provided for herein, the department shall not adopt or enforce any rule or regulation relating to...
- California Health and Safety Code Section 17921.3
(a) All water closets and urinals installed or sold in this state shall meet performance, testing, and labeling requirements established by the American Society of...
- California Health and Safety Code Section 17921.4
(a) A nonwater-supplied urinal approved for installation or sold in this state shall satisfy all of the following requirements: (1) Meet performance, testing, and labeling...
- California Health and Safety Code Section 17921.6
Except as provided in Sections 18930 and 18949.5, the department shall prepare and adopt minimum standards regulating the use and application of cellular concrete as...
- California Health and Safety Code Section 17921.7
(a) (1) The Legislature finds and declares all of the following: (A) Acrylonitrile-butadiene-styrene ("ABS") drain, waste, and vent plumbing pipe is used to drain or...
- California Health and Safety Code Section 17921.9
(a) The Legislature finds and declares all of the following: (1) The deterioration of copper piping has become a serious problem in various communities in...
- California Health and Safety Code Section 17921.10
(a) The standards proposed by the department pursuant to Section 17921 may include voluntary best practice and mandatory requirements related to environmentally preferable water using...
- California Health and Safety Code Section 17922
(a) Except as otherwise specifically provided by law, the building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with...
- California Health and Safety Code Section 17922.1
Notwithstanding Section 17922, local agencies may modify or change the requirements published in the State Building Standards Code or contained in other regulations adopted by...
- California Health and Safety Code Section 17922.12
(a) For the purposes of this section, "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by...
- California Health and Safety Code Section 17922.2
(a) Notwithstanding any other provisions of this part, ordinances and programs adopted on or before January 1, 1993, that contain standards to strengthen potentially hazardous...
- California Health and Safety Code Section 17922.3
Notwithstanding any other provision of law, a residential structure that is moved into, or within, the jurisdiction of a local agency or the department, shall...
- California Health and Safety Code Section 17922.5
Any state or local agency which issues building permits shall require, as a condition of issuing any building permit where the working conditions of the...
- California Health and Safety Code Section 17922.6
(a) The Office of Noise Control in coordination with the department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with...
- California Health and Safety Code Section 17922.7
(a) Except as otherwise provided in subdivisions (b) and (c), the governing body of every city, county, city and county, and public entity shall adopt...
- California Health and Safety Code Section 17922.8
The Office of Noise Control may appoint an advisory committee to assist the office in reviewing and revising the noise insulation standards previously adopted.
- California Health and Safety Code Section 17922.9
(a) The Legislature hereby finds and declares that the provision of an adequate level of affordable housing, in and of itself, is a fundamental responsibility...
- California Health and Safety Code Section 17923
(a) The provisions of Section 17922 are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not...
- California Health and Safety Code Section 17924
Rules and regulations shall be promulgated pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the...
- California Health and Safety Code Section 17925
Except as provided in Section 17922.6, any person, firm, corporation, or governmental agency that opposes the application of any applicable building standard published in the...
- California Health and Safety Code Section 17926
(a) An owner of a dwelling unit intended for human occupancy shall install a carbon monoxide device, approved and listed by the State Fire Marshal...
- California Health and Safety Code Section 17926.1
(a) An owner or owner's agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant shall...
- California Health and Safety Code Section 17926.2
(a) If the department, in consultation with the State Fire Marshal, determines that a sufficient amount of tested and approved carbon monoxide devices are not...
- California Health and Safety Code Section 17927
The department shall propose the adoption, amendment, or repeal of building standards pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part...
- California Health and Safety Code Section 17928
(a) (1) The Department of Housing and Community Development shall, for building standards submitted to the California Building Standards Commission for adoption in the 2010...
- California Health and Safety Code Section 17930
Except as provided in Section 18945, the director or the director's designee shall hear appeals brought by any person as to the application of any...
- California Health and Safety Code Section 17931
The department may promulgate rules pertaining to hearing appeals. All rules shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section...
- California Health and Safety Code Section 17932
A decision of the director or the director's designee made pursuant to Section 17930 is final, except for such action as may be taken by...
- California Health and Safety Code Section 17950
The provisions of this part, the building standards published in the State Building Standards Code, or the other rules and regulations promulgated pursuant to the...
- California Health and Safety Code Section 17951
(a) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required...
- California Health and Safety Code Section 17952
(a) In the event of nonenforcement of this part, or the building standards published in the California Building Standards Code, or the other rules and...
- California Health and Safety Code Section 17953
Each city, county, and city and county shall enact an ordinance which requires a preliminary soil report, prepared by a civil engineer who is registered...
- California Health and Safety Code Section 17954
If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects,...
- California Health and Safety Code Section 17955
The building department of each city, county, or city and county, or other enforcement agency charged with the administration and enforcement of the provisions of...
- California Health and Safety Code Section 17956
A city, county, or city and county or other enforcement agency charged with the administration and enforcement of the provisions of this part, is not...
- California Health and Safety Code Section 17957
The governing body of any city, county, or city and county may enact an ordinance prescribing an alternate procedure which is equal to or more...
- California Health and Safety Code Section 17958
Except as provided in Sections 17958.8 and 17958.9, any city or county may make changes in the provisions adopted pursuant to Section 17922 and published...
- California Health and Safety Code Section 17958.1
Notwithstanding Sections 17922, 17958, and 17958.5, a city or county may, by ordinance, permit efficiency units for occupancy by no more than two persons which...
- California Health and Safety Code Section 17958.2
(a) Notwithstanding Section 17958, regulations of the department adopted for limited-density owner-built rural dwellings, which are codified in Article 8 (commencing with Section 74) of...
- California Health and Safety Code Section 17958.3
(a) All residential hotels, as defined by paragraph (1) of subdivision (b) of Section 50519, shall provide a locking mail receptacle for each residential unit,...
- California Health and Safety Code Section 17958.4
(a) Any city, county, or city and county, may, by ordinance, establish a date by which all residential real property with security window bars on...
- California Health and Safety Code Section 17958.5
Except as provided in Section 17922.6, in adopting the ordinances or regulations pursuant to Section 17958, a city or county may make those changes or...
- California Health and Safety Code Section 17958.7
(a) Except as provided in Section 17922.6, the governing body of a city or county, before making any modifications or changes pursuant to Section 17958.5,...
- California Health and Safety Code Section 17958.8
Local ordinances or regulations governing alterations and repair of existing buildings shall permit the replacement, retention, and extension of original materials and the use of...
- California Health and Safety Code Section 17958.9
Local ordinances or regulations governing the moving of apartment houses and dwellings shall, after July 1, 1978, permit the retention of existing materials and methods...
- California Health and Safety Code Section 17958.11
(a) Any city or county may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint living and...
- California Health and Safety Code Section 17959
(a) No later than December 31, 2003, the department shall consider proposed universal design guidelines for home construction or home modifications which may be submitted...
- California Health and Safety Code Section 17959.1
(a) A city or county shall administratively approve applications to install solar energy systems though the issuance of a building permit or similar nondiscretionary permit....
- California Health and Safety Code Section 17959.3
(a) It is the intent of the Legislature to encourage the use of passive solar energy design. The Legislature recognizes that building code regulations with...
- California Health and Safety Code Section 17959.4
The housing appeals board may, in cases of extreme hardship to owner-occupants or tenants of dwellings, provide for deferral of the effective date of orders...
- California Health and Safety Code Section 17959.5
The housing appeals board may, upon appeal or upon application by the owner, grant variances from local use zone requirements in order to permit an...
- California Health and Safety Code Section 17959.6
(a) Ninety days after the Department of Housing and Community Development certifies and makes available a standard form pursuant to subdivision (h), but in no...
- California Health and Safety Code Section 17960
The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code, the provisions...
- California Health and Safety Code Section 17960.1
(a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a...
- California Health and Safety Code Section 17960.5
The building standards for residential buildings in Chapter 2-53 of Part 2, and Chapter 4-10 of Part 4, of Title 24 of the California Administrative...
- California Health and Safety Code Section 17960.10
The building department, housing department, or health department enforcing any of the provisions of this part may develop a list of public or publicly funded...
- California Health and Safety Code Section 17961
(a) The housing or building department or, if there is no building department acting pursuant to this section, the health department of every city, county,...
- California Health and Safety Code Section 17962
The chief of any city or any county fire department or district providing fire protection services, and their authorized representatives, shall enforce in their respective...
- California Health and Safety Code Section 17964
By charter, ordinance, or resolution, a city, county, or city and county may designate and charge a department organized to carry out the purposes of...
- California Health and Safety Code Section 17965
Where there is no local enforcement agency charged with the enforcement of this part pursuant to Section 17964, and to the extent that enforcement responsibility...
- California Health and Safety Code Section 17966
Cities or counties or fire protection districts may contract with the department for assistance by the department in the enforcement of the applicable provisions of...
- California Health and Safety Code Section 17967
The department may examine the records of the various city, city and county, or county departments charged with the enforcement of building standards published in...
- California Health and Safety Code Section 17970
Any officer, employee, or agent of an enforcement agency may enter and inspect any building or premises whenever necessary to secure compliance with, or prevent...
- California Health and Safety Code Section 17971
The owner, or authorized agent of any owner, of any building or premises may enter the building or premises whenever necessary to carry out any...
- California Health and Safety Code Section 17972
No person authorized by this article to enter buildings shall enter any dwelling between the hours of 6 o'clock p.m. of any day and 8...
- California Health and Safety Code Section 17975
Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order...
- California Health and Safety Code Section 17975.1
(a) The relocation benefits required by this article shall be paid by the owner or designated agent to the tenant within 10 days after the...
- California Health and Safety Code Section 17975.2
The relocation payment shall be made available by the owner or designated agent to the tenant in each residential unit and shall be a sum...
- California Health and Safety Code Section 17975.3
(a) Any owner or designated agent who does not make timely payment as specified in Section 17975.1 shall be liable to the tenant for an...
- California Health and Safety Code Section 17975.4
(a) No relocation benefits pursuant to this article shall be payable to any tenant who has caused or substantially contributed to the condition giving rise...
- California Health and Safety Code Section 17975.5
(a) If the owner or designated agent fails, neglects, or refuses to pay relocation payments to a displaced tenant or a tenant subject to displacement,...
- California Health and Safety Code Section 17975.6
Notwithstanding subdivision (b) of Section 17975.1 and subdivision (a) of Section 17975.5, if there are fewer than 10 days between the first posting and mailing...
- California Health and Safety Code Section 17975.7
The remedies under this article are cumulative and in addition to any other remedies available under federal, state, or local law.
- California Health and Safety Code Section 17975.8
Any order by a local agency that requires a tenant's displacement and is issued to an owner, designated agent, or tenant, shall be accompanied by...
- California Health and Safety Code Section 17975.9
While it is the intent of the Legislature in enacting this article to provide an expedient means by which to provide relocation funds to tenants,...
- California Health and Safety Code Section 17975.10
When seeking reimbursement under an optional local program intended to advance relocation payments to displaced tenants when the owner fails, neglects, or refuses to pay...
- California Health and Safety Code Section 17980
(a) If any building is constructed, altered, converted, or maintained in violation of any provision of, or in violation of any order or notice that...
- California Health and Safety Code Section 17980.1
(a) If a building is identified by a city, city and county, or county pursuant to Article 4 (commencing with Section 19160) of Chapter 2...
- California Health and Safety Code Section 17980.2
(a) If the enforcement agency, in accordance with Section 17980.1, shall desire that the receiver obtain a lien for costs incurred in connection therewith in...
- California Health and Safety Code Section 17980.3
(a) Any receiver appointed pursuant to this section shall have all of the powers and duties conferred by this section, and Sections 17980.1 and 17980.2,...
- California Health and Safety Code Section 17980.4
(a) Whenever the enforcement agency sues for the expenses involved in the execution of any order, it may join in the same suit and claim...
- California Health and Safety Code Section 17980.5
The local enforcement agency may establish and maintain a special fund for the purpose of implementing Sections 17980.1 to 17980.4, inclusive.
- California Health and Safety Code Section 17980.6
If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code...
- California Health and Safety Code Section 17980.7
If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following...
- California Health and Safety Code Section 17980.8
Notwithstanding any other provision of law, if a determination that an unsafe or substandard condition exists in any building, or upon the lot upon which...
- California Health and Safety Code Section 17980.9
Notwithstanding Section 17980, whenever the enforcement agency inspects any vacant single-family dwelling within the City of Los Angeles or the City of San Diego pursuant...
- California Health and Safety Code Section 17980.10
(a) An enforcement agency that properly declares any dwelling a nuisance and, using the notice requirements and procedures specified in Subchapter 1 (commencing with Section...
- California Health and Safety Code Section 17980.11
If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a residential...
- California Health and Safety Code Section 17981
An enforcement agency which institutes any action or proceeding pursuant to this article may, by verified complaint setting forth the facts, apply to the superior...
- California Health and Safety Code Section 17982
If any notice or order issued by an enforcement agency is not complied with within a reasonable time as specified in such notice or order...
- California Health and Safety Code Section 17983
The superior court may make any order for which application is made pursuant to this article.
- California Health and Safety Code Section 17984
Neither an enforcement agency, any of its officers, nor any city or county for which an enforcement agency may act, is liable for costs in...
- California Health and Safety Code Section 17985
(a) Any enforcement agency which institutes an action or proceeding pursuant to this article shall record a notice of the pendency of the action or...
- California Health and Safety Code Section 17986
The county recorder with whom a notice of pendency of action or proceeding is filed shall record and index it in the name of each...
- California Health and Safety Code Section 17987
Any notice of pendency of action or proceeding may be vacated upon the order of a judge of the court in which the action or...
- California Health and Safety Code Section 17988
In any action or proceeding brought pursuant to this article, service of summons is sufficient if served in the manner provided in the Code of...
- California Health and Safety Code Section 17989
Except under conditions immediately affecting health or safety, every notice or order issued pursuant to this part shall be served five days before the time...
- California Health and Safety Code Section 17990
The time to file a written pleading in response to a summons in an action brought pursuant to this article is 10 days.
- California Health and Safety Code Section 17991
(a) The sale or other transfer of property to a third party shall not render moot an administrative or judicial action or proceeding pursuant to...
- California Health and Safety Code Section 17992
Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to...
- California Health and Safety Code Section 17995
Any person who violates any of the provisions of this part, the building standards published in the State Building Standards Code relating to the provisions...
- California Health and Safety Code Section 17995.1
Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property...
- California Health and Safety Code Section 17995.2
Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within...
- California Health and Safety Code Section 17995.3
Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property...
- California Health and Safety Code Section 17995.4
Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within...
- California Health and Safety Code Section 17995.5
Fines collected pursuant to this part in excess of five hundred dollars ($500) per violation shall be reimbursed to the enforcement agency which investigated the
- California Health and Safety Code Section 17998
The Legislature finds and declares all of the following: (a) The Department of Housing and Community Development reports that one in every eight dwelling units...
- California Health and Safety Code Section 17998.1
The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching grants to cities, counties,...
- California Health and Safety Code Section 17998.2
(a) It is the intent of the Legislature in the enactment of this section to do all of the following: (1) Initiate a coordinated active...
- California Health and Safety Code Section 17998.3
In implementing the programs governed by this chapter, the department has all the general powers granted to it by Division 31 (commencing with Section 50000).
- California Health and Safety Code Section 18000
(a) This part shall be known and may be cited as the Manufactured Housing Act of 1980. (b) The Legislature finds and declares all of...
- California Health and Safety Code Section 18000.5
The provisions of this part, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed...
- California Health and Safety Code Section 18001
"Approved," when used in connection with any material, appliance, or construction, means meeting the requirements and approval of the Department of Housing and Community Development.
- California Health and Safety Code Section 18001.6
"Building" is any permanent structure built for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind.
- California Health and Safety Code Section 18001.8
"Commercial modular" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is...
- California Health and Safety Code Section 18002
"Commission" is the Commission of Housing and Community Development.
- California Health and Safety Code Section 18002.3
"Consumer" includes any person or entity which purchases or leases a manufactured home, mobilehome, commercial coach, recreational vehicle, or truck camper for consideration, except a...
- California Health and Safety Code Section 18002.6
(a) "Dealer" means a person not otherwise expressly excluded by subdivision (b), who is engaged in any of the following activities: (1) For commission, money,...
- California Health and Safety Code Section 18002.8
"Department" means the Department of Housing and Community Development.
- California Health and Safety Code Section 18003
"Distributor" means any person other than a manufacturer who sells or distributes new manufactured homes, mobilehomes, or commercial coaches to dealers in this state.
- California Health and Safety Code Section 18003.3
"Dwelling unit" means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating, and
- California Health and Safety Code Section 18003.5
"Escrow agent" means the person, firm, or corporation authorized by law to conduct the escrows required by Section 18035.
- California Health and Safety Code Section 18003.6
"Established place of business" means a place actually occupied, either continuously or at regular periods, by a licensee, where the books and records pertinent to...
- California Health and Safety Code Section 18003.8
"Franchise" means a written agreement between two or more persons having all of the following conditions: (a) A commercial relationship of definite duration or continuing...
- California Health and Safety Code Section 18004
"Franchisee" means any person who, pursuant to a franchise, receives new manufactured homes, mobilehomes, or commercial coaches from the franchisor and who sells manufactured homes,...
- California Health and Safety Code Section 18004.3
"Franchisor" means any person who manufactures, assembles, or distributes new manufactured homes, mobilehomes, or commercial coaches and who grants a franchise.
- California Health and Safety Code Section 18004.6
"Fraud" includes any act or omission which is included within the definition of either "actual fraud" or "constructive fraud" as defined, respectively, in Sections 1572...
- California Health and Safety Code Section 18004.8
"Good moral character" has the same meaning as specified in Division 1.5 (commencing with Section 475) of the Business and Professions Code.
- California Health and Safety Code Section 18005
"Hearing" or "notice of hearing", as used in this part, shall mean notice and hearing under Chapter 5 (commencing with Section 11500) of Division 3...
- California Health and Safety Code Section 18005.3
"Junior lienholder" means a person, other than a legal owner, holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck...
- California Health and Safety Code Section 18005.6
"Lease" means an oral or written contract for the use, possession, and occupation of property. "Lease" includes rent.
- California Health and Safety Code Section 18005.8
"Legal owner" means a person holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck camper perfected by filing the...
- California Health and Safety Code Section 18006
"Licensee" means a dealer, dealer branch, manufacturer, distributor, or salesperson licensed pursuant to this part.
- California Health and Safety Code Section 18006.3
"Manufacturer" means any person who produces from raw materials or basic components a manufactured home, mobilehome, or commercial coach of a type subject to the...
- California Health and Safety Code Section 18007
(a) "Manufactured home," for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one...
- California Health and Safety Code Section 18008
(a) "Mobilehome," for the purposes of this part, means a structure that was constructed prior to June 15, 1976, is transportable in one or more...
- California Health and Safety Code Section 18008.5
"Manufactured home or mobilehome accessory building or structure" or "manufactured home or mobilehome accessory" includes, but is not limited to, any awning, portable, demountable, or...
- California Health and Safety Code Section 18008.7
(a) "Multifamily manufactured home," for the purposes of this part, means either of the following: (1) A structure transportable under permit in one or more...
- California Health and Safety Code Section 18009
"New manufactured home," "new mobilehome," or "new commercial coach" is a manufactured home, mobilehome, or commercial coach which is not defined as a "used manufactured...
- California Health and Safety Code Section 18009.3
(a) "Park trailer" means a trailer designed for human habitation for recreational or seasonal use only, that meets all of the following requirements: (1) It...
- California Health and Safety Code Section 18009.5
"Registered owner" means a person registered by the department as the owner of a manufactured home, mobilehome, commercial coach, floating home, or truck camper.
- California Health and Safety Code Section 18010
"Recreational vehicle" means both of the following: (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for...
- California Health and Safety Code Section 18010.5
"Regulations" or "rules and regulations," as used in this part, means regulations promulgated by the commission or department, as appropriate, pursuant to Chapter 3.5 (commencing...
- California Health and Safety Code Section 18011
"Rent" means money or other consideration given for the right of use, possession, and occupation of property.
- California Health and Safety Code Section 18012
"Retailer" means a dealer.
- California Health and Safety Code Section 18012.3
"Sale" or "sold," for purposes of Chapter 8 (commencing with Section 18075) does not include or extend to any sale made by a manufacturer or...
- California Health and Safety Code Section 18012.4
"Slide-in camper" means a portable unit, consisting of a roof, floor, and sides, designed to be loaded onto, and unloaded from, a truck and designed...
- California Health and Safety Code Section 18012.5
"Special purpose commercial modular" means a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which...
- California Health and Safety Code Section 18013
(a) "Salesperson" means a person employed by a dealer and not otherwise expressly excluded by this section, who does one or more of the following:...
- California Health and Safety Code Section 18013.2
"Third-party entity" or "third party," as used in this part, means an entity which is all of the following: (a) In the business of inspecting...
- California Health and Safety Code Section 18013.4
"Truck camper" means a slide-in camper as defined in Section 18012.4.
- California Health and Safety Code Section 18014
"Used manufactured home," "used mobilehome," or "used commercial coach" means a manufactured home, mobilehome, or commercial coach that was previously sold and registered or titled...
- California Health and Safety Code Section 18014.5
For purposes of this part, a "net listing agreement" means any agreement entered into by a seller of a manufactured home or mobilehome that is...
- California Health and Safety Code Section 18015
The provisions of this part apply to all parts of the state and supersede any ordinance enacted by any city, county, or city and county...
- California Health and Safety Code Section 18015.1
All statutory references to "commercial coach" and to "special purpose commercial coach" are hereby deemed to refer to "commercial modular" and to "special purpose commercial...
- California Health and Safety Code Section 18015.5
The provisions of Chapter 4 (commencing with Section 18025), applicable to manufactured homes and mobilehomes, shall also apply to commercial coaches, except that reasonable variations...
- California Health and Safety Code Section 18015.7
Subdivision (p) of Section 18062.8 shall not apply to a sale to a city, county, city and county, or any other public agency for the...
- California Health and Safety Code Section 18016
(a) The provisions of this part are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not...
- California Health and Safety Code Section 18016.5
(a) The Mobilehome Revolving Fund is continued in existence and renamed the Mobilehome-Manufactured Home Revolving Fund. Money transferred to, or deposited in, the fund is...
- California Health and Safety Code Section 18020
(a) Except as provided in Section 18027.3, and except as provided by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C....
- California Health and Safety Code Section 18020.5
(a) Any person who knowingly violates any provision of this part or any rule or regulation issued pursuant to this part, except for a violation...
- California Health and Safety Code Section 18021
(a) Any person who knowingly violates any provision of Section 5409 of Title 42 of the United States Code, or any regulation or final order...
- California Health and Safety Code Section 18021.5
(a) Any person who knowingly violates any of the provisions of this part relating to licensing or titling and registration, or any rules or regulations...
- California Health and Safety Code Section 18021.6
Nothing in this part shall be construed as precluding the application of any other provision of the penal laws of this state to any transaction...
- California Health and Safety Code Section 18021.7
(a) (1) In addition to other remedies provided in this part, the Director of Housing and Community Development or his or her designee may issue...
- California Health and Safety Code Section 18022
(a) The director, and other representatives of the department designated by him or her, shall enforce those provisions of law committed to the administration of...
- California Health and Safety Code Section 18022.5
(a) Whenever the director determines through an investigation that any person has violated this part, or any regulation, order, license, permit, decision, demand, or requirement...
- California Health and Safety Code Section 18023
(a) The director, and any other representatives of the department designated by the director, shall have the powers of peace officers only for the purpose...
- California Health and Safety Code Section 18024
(a) If, upon inspection or investigation, based upon a complaint or otherwise, the department has cause to believe that a person is acting in the...
- California Health and Safety Code Section 18024.2
A citation under Section 18024 shall be issued by the department within three years after the act or omission which is the basis for the
- California Health and Safety Code Section 18024.3
Any person served with a citation under Section 18024 may appeal to the department within 30 days from the receipt of the citation with respect...
- California Health and Safety Code Section 18024.4
If, within 30 days from receipt of the citation, the person cited fails to notify the department that he or she intends to appeal the...
- California Health and Safety Code Section 18024.5
If the person cited under Section 18024 timely notifies the department that he or she intends to contest the citation, the department shall afford an...
- California Health and Safety Code Section 18024.6
After the exhaustion of the review procedures provided for in Sections 18024.3 to 18024.5, inclusive, the department may apply to the appropriate superior court for...
- California Health and Safety Code Section 18025
(a) Except as provided in subdivisions (b) and (c), it is unlawful for any person to sell, offer for sale, rent, or lease within this...
- California Health and Safety Code Section 18025.5
(a) Pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), the department may assume responsibility...
- California Health and Safety Code Section 18025.6
When a standard for manufactured homes which was adopted pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec....
- California Health and Safety Code Section 18026
(a) All manufactured homes, mobilehomes, commercial coaches, and special purpose commercial coaches manufactured on or after September 1, 1958, that are sold, offered for sale,...
- California Health and Safety Code Section 18026.1
Units sold to the federal government for use on federal lands are exempt from the requirements of Sections 18025 and 18026.
- California Health and Safety Code Section 18027
Any manufactured home, mobilehome or commercial coach which is manufactured in violation of the provisions of Chapter 11 (commencing with Section 19870) of Part 3...
- California Health and Safety Code Section 18027.3
(a) The Legislature finds and declares as follows: (1) The American National Standards Institute (ANSI) and National Fire Protection Association (NFPA) have adopted standards for...
- California Health and Safety Code Section 18027.5
(a) It shall be unlawful to manufacture a truck camper as defined in Section 18010, unless the truck camper has a manufacturer' s serial or...
- California Health and Safety Code Section 18028
(a) The department may adopt regulations regarding the construction of commercial modulars and special purpose commercial modulars, other than mobile food facilities subject to Article...
- California Health and Safety Code Section 18028.5
(a) The provisions of Section 17920.9, and the rules and regulations adopted pursuant thereto, shall be applicable to the sale, offering for sale, or use...
- California Health and Safety Code Section 18029
(a) It is unlawful for any person to alter or convert, or cause to be altered or converted, the structural, fire safety, plumbing, heat-producing, or...
- California Health and Safety Code Section 18029.3
(a) Any manufactured home, mobilehome, vehicle, or transportable structure manufactured, remanufactured, altered, used, or converted for use as a commercial coach or special purpose commercial...
- California Health and Safety Code Section 18029.4
Any special purpose commercial coach which is designed, manufactured, remanufactured, altered, used, or converted for use as a module of a permanently constructed building shall...
- California Health and Safety Code Section 18029.5
(a) The department may adopt rules and regulations, which it determines to be reasonably consistent with generally recognized fire protection standards, governing conditions relating to...
- California Health and Safety Code Section 18029.6
(a) (1) On or after January 1, 2009, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold shall have a...
- California Health and Safety Code Section 18030
(a) If the department determines that standards for commercial coaches and special purpose commercial coaches prescribed by the statutes or regulations of another state are...
- California Health and Safety Code Section 18030.5
A manufactured home, mobilehome, recreational vehicle, commercial coach, or special purpose commercial coach which meets the standards prescribed by this chapter, and the regulations adopted...
- California Health and Safety Code Section 18031
The department, by rules and regulations, may establish a schedule of fees to pay the costs of work related to administration and enforcement of this...
- California Health and Safety Code Section 18031.5
Nothing in this part or any other provision of law shall be construed to prohibit the installation of fireplaces in manufactured homes and mobilehomes. The...
- California Health and Safety Code Section 18031.7
(a) Nothing in this part shall prohibit the replacement of water heaters in manufactured homes or mobilehomes with fuel-gas-burning water heaters not specifically listed for...
- California Health and Safety Code Section 18031.8
(a) Nothing in this part or the regulations promulgated thereunder shall prohibit the replacement in manufactured homes or mobilehomes of ovens, ranges, or clothes dryers...
- California Health and Safety Code Section 18032
(a) The manufacturer of any new manufactured home or mobilehome manufactured on or after January 1, 1977, shall affix a label to the manufactured home...
- California Health and Safety Code Section 18032.5
(a) The Legislature hereby finds and declares all of the following: (1) California's energy efficiency standards for new residential buildings have provided significant savings to...
- California Health and Safety Code Section 18033
Each loft area excluded from the gross floor area pursuant to Section 18009.3 shall comply with all of the following requirements: (a) A loft ceiling...
- California Health and Safety Code Section 18033.1
(a) The Legislature finds and declares that certain park trailer units with lofts that do not comply with Section 18009.3, as amended in 2001, and...
- California Health and Safety Code Section 18034
(a) A dealer, as defined in Section 18002.6, or a salesperson, as defined in Section 18013, is not required to be licensed as a mortgage...
- California Health and Safety Code Section 18035
(a) (1) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home...
- California Health and Safety Code Section 18035.1
(a) As a part of the documents executed for every transaction by or through a dealer to sell or lease with the option to buy...
- California Health and Safety Code Section 18035.2
(a) For every sale by a dealer of a new or used manufactured home or mobilehome to be installed on a foundation system pursuant to...
- California Health and Safety Code Section 18035.25
Notwithstanding any other provision of this part to the contrary, it is a ground for disciplinary action, and not a criminal offense, for a dealer...
- California Health and Safety Code Section 18035.26
(a) Notwithstanding any other provision of law, the requirements of this section apply only to the sale of a new or used manufactured home or...
- California Health and Safety Code Section 18035.3
(a) For every sale by a dealer of a new or used manufactured home or mobilehome, either the purchase order, conditional sale contract, or other...
- California Health and Safety Code Section 18035.4
Sections 18035, 18035.1, and 18035.2 shall not apply to the sale of manufactured homes or mobilehomes to: (a) The federal government. (b) The state. (c)...
- California Health and Safety Code Section 18035.5
(a) As used in this section: (1) "Secured party" means a legal owner or junior lienholder. (2) "Entitled party" means a registered owner or any...
- California Health and Safety Code Section 18036
In the event a buyer of a manufactured home or mobilehome obligates himself or herself to purchase, or receive possession of, a manufactured home or...
- California Health and Safety Code Section 18036.5
(a) As used in this section: (1) "Act" means the federal Truth in Lending Act, as amended (15 U.S.C., Sec. 1601, et seq.). (2) "Regulation...
- California Health and Safety Code Section 18037
Notwithstanding any agreement to the contrary, the holder of a conditional sale contract for which Regulation Z disclosures are required pursuant to Section 18036.5 is...
- California Health and Safety Code Section 18037.5
(a) In the event of default under the provisions of any security agreement relating to a loan or conditional sale contract which, according to its...
- California Health and Safety Code Section 18038.7
No deficiency judgment shall lie in any event, after the sale of any manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to...
- California Health and Safety Code Section 18039
No agreement entered into pursuant to this chapter shall contain any provision by which the buyer waives his or her rights under this chapter, and...
- California Health and Safety Code Section 18039.1
Notwithstanding any other provision of law to the contrary, if a manufactured home or mobilehome is affixed to a permanent foundation pursuant to Section 18551,...
- California Health and Safety Code Section 18039.5
(a) The provisions of this chapter, except Section 18037.5, shall not apply to any loan or credit sale secured by a manufactured home or mobilehome...
- California Health and Safety Code Section 18040
(a) With respect to the sale of any manufactured home, mobilehome, or commercial coach that has not been previously installed on a foundation system pursuant...
- California Health and Safety Code Section 18040.5
The department, after notice and hearing, may suspend or revoke a dealer's license upon determining that the dealership has committed any of the acts or...
- California Health and Safety Code Section 18045
It shall be unlawful for any person to act as a licensee within this state without having first procured a license or temporary permit issued...
- California Health and Safety Code Section 18045.5
(a) The department shall not issue a manufacturer, distributor, or dealer license to any applicant therefor who does not have an established place of business....
- California Health and Safety Code Section 18045.6
(a) (1) If the manufacturer, distributor, or dealer changes the site or location of his or her established place of business, the manufacturer, distributor, or...
- California Health and Safety Code Section 18045.8
(a) Notwithstanding Section 18045.5, for an office at a dealer's established place of business, the department may issue a temporary permit as provided in Section...
- California Health and Safety Code Section 18046
(a) An "agent" for purposes of this section and Section 18025, means a dealer or salesperson licensed pursuant to this part, or a real estate...
- California Health and Safety Code Section 18046.1
The standard of care owed by a dealer to a purchaser under this part is the degree of care that a reasonably prudent dealer would...
- California Health and Safety Code Section 18050
(a) Every applicant for an occupational license shall make application to the department for a license containing a general distinguishing number. (b) The applicant shall...
- California Health and Safety Code Section 18050.5
The department may, for a reasonable cause shown, refuse to issue a license to an applicant when it determines any of the following: (a) The...
- California Health and Safety Code Section 18050.7
In addition to any other requirements imposed by this part or regulations of the department, the department shall not grant an initial manufactured home or...
- California Health and Safety Code Section 18051
(a) Except where the provisions of this part require the refusal to issue a license, the department may issue a probationary license subject to conditions...
- California Health and Safety Code Section 18052
(a) Pending the satisfaction of the department that the applicant meets the requirements under this article, it may issue a temporary permit to any person...
- California Health and Safety Code Section 18052.5
The department may issue a certificate of convenience to the executor, executrix, administrator, or administratrix of the estate of a deceased holder of a validly...
- California Health and Safety Code Section 18052.6
(a) Notwithstanding any of the provisions of this chapter, the department may, on a one-time-only basis, issue a 90-day certificate to an applicant for an...
- California Health and Safety Code Section 18052.7
No dealer shall employ more than three salespersons licensed pursuant to a 90-day certificate at his or her established place of business at any one...
- California Health and Safety Code Section 18053
A person whose license has been revoked or whose application for a license has been denied shall not reapply for a license for a period...
- California Health and Safety Code Section 18053.5
(a) Except as otherwise provided in this section, every applicant for a manufactured home, mobilehome, or commercial coach dealer's or salesperson's license shall be required...
- California Health and Safety Code Section 18054
(a) The department, upon granting a license, shall issue to the applicant a license with a size and format established by the department containing at...
- California Health and Safety Code Section 18054.7
(a) Every occupational license issued to a manufacturer, distributor, dealer, or salesperson shall expire on the last day of the 24th month following the date...
- California Health and Safety Code Section 18055
(a) The department may require that fees shall be paid to the department for the issuance or renewal of a license to do business as...
- California Health and Safety Code Section 18056
(a) The Legislature has determined that it is in the public interest for consumer protection and service that all manufactured housing dealers and salespersons licensed...
- California Health and Safety Code Section 18056.1
In carrying out its duties under this article, the department shall take reasonable steps to solicit the assistance and advice of persons who are experts...
- California Health and Safety Code Section 18056.2
(a) Any person licensed as a dealer or salesperson to sell manufactured homes or mobilehomes shall have completed approved educational courses, seminars, or conferences, or...
- California Health and Safety Code Section 18056.3
The department may amend or repeal any regulation adopted pursuant to this article in the same manner as provided for adoption of regulations, except that...
- California Health and Safety Code Section 18056.4
On or after January 1, 1987, no dealer's or salesperson's license shall be issued or renewed unless the department finds that the applicant has completed...
- California Health and Safety Code Section 18056.5
When the department finds that the evidence submitted in good faith by an applicant for a renewal license does not in fact qualify, it may...
- California Health and Safety Code Section 18058
It is unlawful, and a violation of this part, if a person to whom a license is issued is any of the following: (a) Not...
- California Health and Safety Code Section 18058.1
(a) Any manufacturer or dealer licensed under this part that has closed its place of business, or any salesperson licensed under this part no longer...
- California Health and Safety Code Section 18058.5
With respect to applications, it is unlawful to file an application for the license thereafter issued using a false or fictitious name not registered with...
- California Health and Safety Code Section 18059
With respect to taxation, fees, title, and registration, it is unlawful to do any of the following: (a) Use a false or fictitious name, knowingly...
- California Health and Safety Code Section 18059.5
With respect to escrows and sales practices, it is unlawful to do any of the following: (a) Violate any of the terms or provisions of...
- California Health and Safety Code Section 18060
With respect to business operations, it is unlawful to do any of the following: (a) Make, or knowingly or negligently permit, any illegal use of...
- California Health and Safety Code Section 18060.5
With respect to business practices, it is unlawful to do any of the following: (a) Knowingly purchase, sell, or otherwise acquire or dispose of a...
- California Health and Safety Code Section 18061
With respect to advertising, it is unlawful: (a) To make or disseminate or cause to be made or disseminated before the public in this state,...
- California Health and Safety Code Section 18061.5
It is unlawful to do any of the following: (a) Willfully violate any law, or any rule or regulation adopted by the department, relating to...
- California Health and Safety Code Section 18061.6
(a) Notwithstanding the prohibition in subdivision (d) of Section 18061 or any regulation to the contrary, a dealer may, alternatively, post in a prominent location...
- California Health and Safety Code Section 18062
It is unlawful for a dealer to do any of the following: (a) Enter into a listing agreement that does not include a specified date...
- California Health and Safety Code Section 18062.2
It is also unlawful for a dealer to do any of the following: (a) Engage in the business for which the dealer is licensed without...
- California Health and Safety Code Section 18062.5
It is unlawful for any manufacturer or distributor to coerce or attempt to coerce any dealer in this state to do any of the following:...
- California Health and Safety Code Section 18062.8
It is unlawful for any manufacturer or distributor licensed under this part to do any of the following: (a) Refuse or fail to deliver, in...
- California Health and Safety Code Section 18062.9
(a) A manufactured home manufacturer may sell manufactured homes, as defined in Section 18007, directly to a licensed California general building contractor, as described in...
- California Health and Safety Code Section 18063
It is unlawful for a salesperson to do any of the following: (a) At the time of employment, not deliver to his or her employing...
- California Health and Safety Code Section 18064
The department may, pending a hearing, temporarily suspend the license issued to a licensee for a period not to exceed 30 days if the director...
- California Health and Safety Code Section 18064.2
(a) If the director determines through an investigation that a person has engaged or is engaging in an activity which is a violation of this...
- California Health and Safety Code Section 18064.5
(a) The director may, following the filing of an accusation against a licensee under this part and prior to conducting a hearing, exercise an option,...
- California Health and Safety Code Section 18065
The licenses or permits provided for in this part shall be automatically canceled upon any of the following events: (a) The abandonment of the established...
- California Health and Safety Code Section 18065.5
The revocation or suspension of a license may be limited to one or more municipalities or counties or any other defined area, or may be...
- California Health and Safety Code Section 18066
The suspension, expiration, or cancellation of a license provided for in this part shall not prevent the filing of an accusation for the revocation or...
- California Health and Safety Code Section 18066.5
If a purchaser of a manufactured home, mobilehome, or commercial coach pays to the dealer an amount for transfer of title of the manufactured home,...
- California Health and Safety Code Section 18070
(a) The Legislature finds and declares all of the following: (1) The financial hardship endured by someone who is buying or selling a manufactured home...
- California Health and Safety Code Section 18070.1
(a) On and after January 1, 1985, before a dealer's license is issued or renewed, each applicant shall pay a fee of two hundred fifty...
- California Health and Safety Code Section 18070.2
(a) Fees for the establishment and operation of the Manufactured Home Recovery Fund shall be collected on or after January 1, 1985. Claims against the...
- California Health and Safety Code Section 18070.3
(a) When any person (1) who has purchased a manufactured home for a personal or family residential or investment purpose or (2) who has sold...
- California Health and Safety Code Section 18070.4
The judgment debtor shall be liable for repayment in full for the amount arising from claims against the debtor which are paid from the fund,...
- California Health and Safety Code Section 18070.5
When the department has caused payment to be made from the fund to any person, the department shall be subrogated to the rights of that
- California Health and Safety Code Section 18070.6
(a) To the extent that department personnel and resources are available, in any administrative action brought by the department pursuant to Article 3 (commencing with...
- California Health and Safety Code Section 18070.7
The amendments to this chapter by the act adding additional grounds or procedures for recovery from the fund shall apply to any transaction for which...
- California Health and Safety Code Section 18075
(a) Except as provided in Section 18075.7, all manufactured homes, mobilehomes, commercial coaches, truck campers, and floating homes shall be subject to the provisions of...
- California Health and Safety Code Section 18075.5
Manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state shall be subject to annual registration with the department and payment...
- California Health and Safety Code Section 18075.55
(a) Floating homes subject to real property taxation pursuant to Section 229 of the Revenue and Taxation Code shall be subject to registration and titling...
- California Health and Safety Code Section 18075.6
Unless installed on a foundation system pursuant to Section 18551, any manufactured home, mobilehome, or commercial coach used as an office at a manufacturer's, distributor's,...
- California Health and Safety Code Section 18075.7
On and after January 1, 1986, every truck camper may, at the owner's request, be registered with the department at the time of sale, resale,...
- California Health and Safety Code Section 18076
(a) Manufactured homes, mobilehomes, commercial coaches, or truck campers owned or leased by the United States, by any foreign government, by a consul or other...
- California Health and Safety Code Section 18076.5
Commencing July 1, 1981, the department shall administer the annual licensing and taxation of all manufactured homes and mobilehomes not subject to local property taxation...
- California Health and Safety Code Section 18077
All manufactured home, mobilehome, or commercial coach license fees collected by the department pursuant to Section 18115 shall be deposited in the State Treasury to...
- California Health and Safety Code Section 18077.5
On or after the first day of January and the first day of July of each year, the department shall report to the auditor of...
- California Health and Safety Code Section 18079
The department shall implement property tax postponement programs on behalf of eligible mobilehome owners, as provided by law.
- California Health and Safety Code Section 18080
Ownership registration and title to a manufactured home, mobilehome, commercial coach, or truck camper, or floating home subject to registration may be held by two...
- California Health and Safety Code Section 18080.1
The registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home may be held in the name of a company, an estate,...
- California Health and Safety Code Section 18080.2
(a) Ownership registration and title to a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration may be held in beneficiary...
- California Health and Safety Code Section 18080.3
(a) For the purposes of registration of manufactured homes and mobilehomes pursuant to this chapter, a manufactured home or mobilehome shall include as a single...
- California Health and Safety Code Section 18080.4
(a) Every registered owner, upon receipt of a registration card, shall maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach,...
- California Health and Safety Code Section 18080.5
(a) A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or...
- California Health and Safety Code Section 18080.7
(a) Each person acquiring or retaining a security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under...
- California Health and Safety Code Section 18080.9
(a) An owner of a mobilehome park who obtains a final money judgment for unpaid rent against the registered owner of a manufactured home or...
- California Health and Safety Code Section 18081
(a) Any person may request, and the department shall furnish, information regarding the current registration and title status of a manufactured home, mobilehome, commercial coach,...
- California Health and Safety Code Section 18081.3
(a) Notwithstanding the provisions of Section 18081 or any other provision of law, the department may, for statistical or commercial purposes and upon payment of...
- California Health and Safety Code Section 18081.5
The transferee of a manufactured home, mobilehome, or floating home subject to local property taxation shall report the change in ownership information to the assessor...
- California Health and Safety Code Section 18084.7
Manufactured homes, mobilehomes, and commercial coaches shall not be subject to registration or titling under this part or to Part 13 (commencing with Section 5800)...
- California Health and Safety Code Section 18085
(a) Application for the original registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home required to be registered under this part...
- California Health and Safety Code Section 18085.5
The department shall not accept an application for the original registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home unless the...
- California Health and Safety Code Section 18086
The department may accept an application for registration of a manufactured home, mobilehome, commercial coach, or truck camper which is not within the state, but...
- California Health and Safety Code Section 18086.5
(a) In the absence of the regularly required supporting evidence of ownership and upon application for registration or transfer of a manufactured home, mobilehome, commercial...
- California Health and Safety Code Section 18087
Upon application for registration of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state, the application shall be certified by...
- California Health and Safety Code Section 18087.5
(a) The applicant for registration under this part of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state shall surrender...
- California Health and Safety Code Section 18088
(a) Upon application for registration of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state, the department shall grant full...
- California Health and Safety Code Section 18088.5
If a certificate of title issued by another state shows any lien or encumbrance upon the manufactured home, mobilehome, commercial coach, or truck camper therein...
- California Health and Safety Code Section 18089
In the event application is made in this state for registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home and the...
- California Health and Safety Code Section 18089.5
In the event the department refuses to grant an application for registration in this state of a manufactured home, mobilehome, commercial coach, truck camper, or...
- California Health and Safety Code Section 18090
The department shall forthwith mail a notice of the filing of any application for registration of a manufactured home, mobilehome, commercial coach, or truck camper...
- California Health and Safety Code Section 18090.5
(a) Except as otherwise provided in Section 18089, the department, upon the original registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating...
- California Health and Safety Code Section 18090.6
The department may, in lieu of delivery by first-class mail, electronically transmit or receive, or both, a certificate of title pursuant to this part when...
- California Health and Safety Code Section 18090.7
(a) In order to continue improving the quality of products and services to its customers in the registration and titling of personal property within its...
- California Health and Safety Code Section 18091
The certificate of title issued by the department shall contain, but not be limited to, all of the following: (a) Information substantially similar to that...
- California Health and Safety Code Section 18091.5
The registration card for a manufactured home, mobilehome, commercial coach, truck camper, or floating home shall contain all of the following: (a) The date issued....
- California Health and Safety Code Section 18092
(a) Every manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration shall be issued a registration decal. The design of the...
- California Health and Safety Code Section 18092.5
The department may refuse registration or the renewal or transfer of registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home in...
- California Health and Safety Code Section 18092.7
(a) The department shall withhold the registration or transfer of registration of any manufactured home, mobilehome, or floating home which is subject to local property...
- California Health and Safety Code Section 18093
(a) At the time of release of a new manufactured home, mobilehome, or commercial coach to any person, the manufacturer shall prepare a certificate of...
- California Health and Safety Code Section 18093.5
The manufacturer of a truck camper, the owner or purchaser of which chooses to register it pursuant to Section 18075.7, shall prepare a certificate of...
- California Health and Safety Code Section 18098
(a) Whenever any person, after making application for the registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home required to be...
- California Health and Safety Code Section 18099
Any registered owner of a commercial coach required to be registered under this part who moves, permits to be moved, or causes to be moved,...
- California Health and Safety Code Section 18099.5
(a) Except as otherwise provided in subdivision (b), no person shall move, permit to be moved, or cause to be moved, any manufactured home, mobilehome,...
- California Health and Safety Code Section 18100
Any registered owner, legal owner, or junior lienholder who moves, permits to be moved, or causes to be moved, a manufactured home, mobilehome, or floating...
- California Health and Safety Code Section 18100.5
(a) If the title or interest of a registered owner, legal owner, junior lienholder in a manufactured home, mobilehome, commercial coach, or truck camper, or...
- California Health and Safety Code Section 18101
No transfer of the title of a manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under this code shall be effective until...
- California Health and Safety Code Section 18101.5
When the transferee of a manufactured home, mobilehome, commercial coach, or truck camper is a dealer who holds it for resale and moves it upon...
- California Health and Safety Code Section 18102
(a) If 40 days have elapsed since the death of a registered or legal owner of a manufactured home, mobilehome, commercial coach, truck camper, or...
- California Health and Safety Code Section 18102.2
(a) On death of the owner of a manufactured home, mobilehome, commercial coach, truck camper, or floating home owned in beneficiary form, the manufactured home,...
- California Health and Safety Code Section 18102.3
(a) If the department makes a transfer pursuant to Section 18102.2, the department is discharged from all liability, whether or not the transfer is consistent...
- California Health and Safety Code Section 18102.5
If application is made to the department for a transfer of registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to...
- California Health and Safety Code Section 18103
Whenever application is made to the department for a transfer of registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to...
- California Health and Safety Code Section 18105
(a) Except as otherwise provided in subdivision (e) or (g), the security interest of the legal owner has priority over conflicting security interests of junior...
- California Health and Safety Code Section 18105.5
A legal owner or junior lienholder may assign title or interest to a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to...
- California Health and Safety Code Section 18106
(a) As used in this section, "lien creditor" means a creditor who has acquired a lien on a manufactured home, mobilehome, commercial coach, truck camper,...
- California Health and Safety Code Section 18108
If any registration card or registration decal is stolen, lost, mutilated, or illegible, the registered owner of the manufactured home, mobilehome, commercial coach, truck camper,...
- California Health and Safety Code Section 18108.5
If any certificate of title is stolen, lost, mutilated, or illegible, the legal owner of the manufactured home, mobilehome, commercial coach, truck camper, or floating...
- California Health and Safety Code Section 18109
Except as otherwise provided in this part, every registration card for a manufactured home, mobilehome, or commercial coach subject to annual registration shall expire at...
- California Health and Safety Code Section 18109.5
Certificates of title shall not be required to be renewed annually, but shall remain valid until a new or amended certificate of title is issued...
- California Health and Safety Code Section 18110
When the required certificate of title is stolen, lost, mutilated, or illegible, application for transfer may be made upon a form provided by the department...
- California Health and Safety Code Section 18114
(a) A registration fee of twenty-three dollars ($23) shall be due and payable to the department at the time of original registration or renewal of...
- California Health and Safety Code Section 18114.1
(a) In addition to the annual registration fee required by Section 18114, an annual fee of five dollars ($5) shall be paid to the department...
- California Health and Safety Code Section 18114.5
When renewal fee penalties have not accrued with respect to a manufactured home, mobilehome, or commercial coach subject to this chapter and the manufactured home,...
- California Health and Safety Code Section 18115
Commencing July 1, 1981, the vehicle license fee levied pursuant to Section 10751 of the Revenue and Taxation Code on manufactured homes and mobilehomes not...
- California Health and Safety Code Section 18115.5
(a) For the purposes of this article, a classification plan is established consisting of the following classes: a class from no dollar ($0) to and...
- California Health and Safety Code Section 18116
(a) A license fee is due and payable each year for renewal of registration, on or before midnight of the expiration date assigned by the...
- California Health and Safety Code Section 18116.1
(a) Nonpayment of the fees and penalties provided for in Sections 18114, 18114.1, and 18115, and in subdivisions (a), (b), (c), and (d) of Section...
- California Health and Safety Code Section 18116.2
(a) If the lien in favor of the State of California in the amount owing as provided by Section 18116.1 is against a commercial coach,...
- California Health and Safety Code Section 18116.5
Used manufactured homes, used mobilehomes, and used floating homes subject to local property taxation are exempt from the payment of use tax upon resale or...
- California Health and Safety Code Section 18117
An application for registration under this part of a manufactured home, mobilehome, or commercial coach previously registered outside of this state shall be accompanied by...
- California Health and Safety Code Section 18117.5
The transfer fee is delinquent if not paid within 20 days of receipt by the transferee of a properly executed certificate of title for the...
- California Health and Safety Code Section 18118
Whenever any application for a change, addition, or deletion of the registered owner's name or names is filed with the department during the 60 days...
- California Health and Safety Code Section 18119
(a) If the license fee has not been paid on or before the 60th day following the date on which the fee became delinquent, the...
- California Health and Safety Code Section 18122
Except as it may affect a security interest properly perfected other than pursuant to Section 9313 of the Commercial Code, the department may suspend, revoke,...
- California Health and Safety Code Section 18122.5
It is unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to...
- California Health and Safety Code Section 18123
(a) The department shall withhold the registration or the transfer of registration of any manufactured home, mobilehome, commercial coach, or truck camper sold at retail...
- California Health and Safety Code Section 18123.5
(a) A dealer who violates paragraph (1), (2), or (3) of subdivision (b) of Section 18080.5 shall pay to the department an administrative service fee...
- California Health and Safety Code Section 18124
The department, the Department of the California Highway Patrol, or any regularly employed and salaried police officer or deputy sheriff, or any reserve police officer...
- California Health and Safety Code Section 18124.5
Every person who, with intent to defraud, alters, forges, counterfeits, or falsifies any certificate of title, registration card, certificate, registration decal, or permit provided for...
- California Health and Safety Code Section 18150
The Legislature finds and declares that increasing numbers of Californians live in manufactured homes and mobilehomes and that most of those manufactured home and mobilehome...
- California Health and Safety Code Section 18151
(a) The position of mobilehome ombudsman is hereby established in the Department of Housing and Community Development. (b) Except as provided in subdivision (c), the...
- California Health and Safety Code Section 18152
The Governor shall designate a deputy director in the Department of Housing and Community Development to serve as the Mobilehome Ombudsman.
- California Health and Safety Code Section 18153
The Mobilehome Ombudsman shall establish procedures to deal with complaints, including the publication of complaint forms and written materials which shall be made available to...
- California Health and Safety Code Section 18200
The provisions of this part insofar as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed...
- California Health and Safety Code Section 18201
"Approved" when used in connection with any material, appliance, or construction, means meeting the requirements for obtaining the approval of the department.
- California Health and Safety Code Section 18203
"Building standard" means building standard as defined in Section 18909.
- California Health and Safety Code Section 18205
"Conditional permit" means a construction, reconstruction, or operation permit issued by the enforcement agency which may prescribe conditions on the use or occupancy of a...
- California Health and Safety Code Section 18206
"Department" is the Department of Housing and Community Development.
- California Health and Safety Code Section 18207
"Enforcement agency" is the Department of Housing and Community Development, or any city, county, or city and county which has assumed responsibility for the enforcement...
- California Health and Safety Code Section 18209
"Lease" is an oral or written contract for the use, possession, and occupation of property. It includes rent.
- California Health and Safety Code Section 18210
"Lot" means any area or tract of land or portion of a mobilehome park designated or used for the occupancy of one manufactured home, mobilehome,...
- California Health and Safety Code Section 18210.5
"Manufactured home" as used in this part shall have the same meaning as defined in Section 18007.
- California Health and Safety Code Section 18210.7
(a) "Manufactured housing community" means any area or tract of land where two or more manufactured home lots are rented or leased, held out for...
- California Health and Safety Code Section 18211
"Mobilehome" as used in this part shall have the same meaning as defined in Section 18008.
- California Health and Safety Code Section 18213
"Mobilehome accessory building or structure" is any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak or porch, or any residential building...
- California Health and Safety Code Section 18214
(a) "Mobilehome park" is any area or tract of land where two or more lots are rented or leased, held out for rent or lease,...
- California Health and Safety Code Section 18214.1
"Park" means any manufactured housing community or mobilehome park.
- California Health and Safety Code Section 18214.2
"Multi-unit manufactured housing," for the purposes of this part, has the same meaning as in Section 18008.7.
- California Health and Safety Code Section 18214.5
"Permanent building" means any permanent structure, other than factory-built housing, under the control and ownership of the mobilehome park owner or operator which is not...
- California Health and Safety Code Section 18214.6
"Plan checking agency" means a private entity employing at least one architect or engineer licensed by the state to perform the review of plans and...
- California Health and Safety Code Section 18215.5
"Recreational vehicle" as used in this part has the same meaning as defined in Section 18010.
- California Health and Safety Code Section 18216
"Rent" is money or other consideration given for the right of use, possession, and occupation of property.
- California Health and Safety Code Section 18218
"Commercial modular" as used in this part has the same meaning as defined in Section 18001.8.
- California Health and Safety Code Section 18218.5
"Special purpose commercial modular" as used in this part has the same meaning as defined in Section 18012.5.
- California Health and Safety Code Section 18250
The Legislature finds and declares that increasing numbers of Californians live in manufactured homes and mobilehomes and that most of those living in such manufactured...
- California Health and Safety Code Section 18251
The Legislature finds and declares that the standards and requirements established for construction, maintenance, occupancy, use, and design of mobilehome parks should guarantee park residents...
- California Health and Safety Code Section 18252
The Legislature finds and declares that the inclusion of specific standards within a statute often precludes the rapid and flexible action needed to correct substandard...
- California Health and Safety Code Section 18253
The Legislature finds and declares that the specific requirements relating to construction, maintenance, occupancy, use, and design of parks are best developed by the department...
- California Health and Safety Code Section 18253.5
(a) The department shall provide to each mobilehome park licensed to operate under this part a sign in large boldface print, with the name, address,...
- California Health and Safety Code Section 18254
(a) It is the purpose of this part to accomplish both of the following: (1) Assure protection of the health, safety, and general welfare of...
- California Health and Safety Code Section 18300
(a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county, whether general...
- California Health and Safety Code Section 18300.1
Any person may file an application with the governing body of any city, city and county, or county for a conditional use permit for a...
- California Health and Safety Code Section 18300.25
(a) The provisions of this part shall apply to any portion of a special occupancy park, as defined in Section 18862.43, that is also a...
- California Health and Safety Code Section 18303
This part does not apply to any park owned, operated, and maintained by any of the following: (a) The federal government. (b) The state. (c)...
- California Health and Safety Code Section 18304
(a) This part does not apply to any apartment house, hotel, or dwelling which is subject to the provisions of Part 1.5 (commencing with Section...
- California Health and Safety Code Section 18305
(a) This part is not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by...
- California Health and Safety Code Section 18306
(a) The department shall evaluate the enforcement of this part and regulations adopted pursuant to this part by each city, county, or city and county...
- California Health and Safety Code Section 18307
(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...
- California Health and Safety Code Section 18400
(a) The department shall enforce this part and the rules and regulations adopted pursuant to this part, except as provided in Section 18300. (b) The...
- California Health and Safety Code Section 18400.1
(a) In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting...
- California Health and Safety Code Section 18400.2
Enforcement agencies responsible for the enforcement of this part and the regulations adopted pursuant to this part shall maintain all records on file of mobilehome...
- California Health and Safety Code Section 18400.3
(a) The department shall convene a task force of representatives of mobilehome owners, mobilehome park operators, local enforcement agencies that conduct mobilehome park inspections, and...
- California Health and Safety Code Section 18400.4
For purposes of this chapter, "mobilehome owner" or "mobilehome owners" means the occupant of the manufactured home or mobilehome, or the registered owner of the...
- California Health and Safety Code Section 18401
Any notice of violation of this part, or any rule or regulation adopted pursuant thereto, issued by the enforcement agency shall be issued to the...
- California Health and Safety Code Section 18402
The owner or operator of a park shall abate any nuisance in the park within five days, or within a longer period of time as...
- California Health and Safety Code Section 18403
In any action or proceeding to abate a nuisance in a park, proof of any one of the following facts is sufficient for a judgment...
- California Health and Safety Code Section 18404
(a) If any park or portion thereof governed by this part is constructed, altered, converted, used, occupied, or maintained in violation of this part, the...
- California Health and Safety Code Section 18406
No enforcement agency shall approve any park fronting upon any coastline, shoreline, river, or waterway or upon any lake or reservoir owned in whole or...
- California Health and Safety Code Section 18407
The Legislature finds and declares that, because the health and safety of mobilehome park occupants is a matter of public interest and concern, it is...
- California Health and Safety Code Section 18420
(a) (1) If, upon inspection, the enforcement agency determines that a mobilehome park is in violation of any provision of this part, or any rule...
- California Health and Safety Code Section 18421
If the owner or operator of the mobilehome park or the registered owner of the manufactured home or mobilehome disputes a determination by the enforcement...
- California Health and Safety Code Section 18423
The remedies provided by this chapter are cumulative, and shall not be construed to supersede other provisions of law providing sanctions for violators of this...
- California Health and Safety Code Section 18424
This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is...
- California Health and Safety Code Section 18500
It is unlawful for any person to do any of the following unless he or she has a valid permit issued by the enforcement agency:...
- California Health and Safety Code Section 18500.5
Notwithstanding Section 18500, the owner of one manufactured home or mobilehome who is also the owner of the land upon which the manufactured home or...
- California Health and Safety Code Section 18500.6
Notwithstanding Section 18500, the owner of a manufactured home or mobilehome who is not a mobilehome park operator and who rents or leases the land...
- California Health and Safety Code Section 18501
Applications for a permit to construct or reconstruct shall be accompanied by: (a) A description of the grounds. (b) Plans and specifications of the proposed...
- California Health and Safety Code Section 18502
Fees as applicable shall be submitted for permits, as follows: (a) Fees for a permit to conduct any construction subject to this part as determined...
- California Health and Safety Code Section 18502
Fees as applicable shall be submitted for permits, as follows: (a) Fees for a permit to conduct any construction subject to this part as determined...
- California Health and Safety Code Section 18502.5
(a) There is hereby established in the State Treasury the Mobilehome Parks and Special Occupancy Parks Revolving Fund into which funds collected by the department...
- California Health and Safety Code Section 18503
The department by administrative rule and regulation shall establish a schedule of fees relating to all construction, mechanical, electrical, plumbing, and installation permits. The fees...
- California Health and Safety Code Section 18504
Any person responsible for obtaining any of the permits required by this chapter, Chapter 5 (commencing with Section 18600), or the regulations adopted pursuant to...
- California Health and Safety Code Section 18505
A permit to operate shall be issued by the department following notification by the local enforcement agency of completion of construction of a new park...
- California Health and Safety Code Section 18506
Permits to operate shall be issued by the enforcement agency. A copy of each permit to operate shall be forwarded to the department. No permit...
- California Health and Safety Code Section 18507
(a) The enforcement agency shall be notified by the new owner or operator of any park of any change in the name or ownership or...
- California Health and Safety Code Section 18508
Permits for construction and operation shall be posted in a conspicuous place.
- California Health and Safety Code Section 18509
All permits as required in this chapter for construction or reconstruction shall automatically expire within six months from the date of issuance thereof in those...
- California Health and Safety Code Section 18510
If any person who holds a permit to operate violates the permit or this part, the permit may be suspended by the enforcement agency. This...
- California Health and Safety Code Section 18511
The enforcement agency shall issue and serve upon the permittee a notice setting forth in what respect the provisions of the permit or this code...
- California Health and Safety Code Section 18512
The notice shall be served by posting at least one copy in a conspicuous place on the premises described in the said permit, and by...
- California Health and Safety Code Section 18513
Any permittee receiving a notice issued pursuant to Section 18511 may request and shall be granted a hearing on the matter before an authorized representative...
- California Health and Safety Code Section 18514
Upon receipt of such petition the enforcement agency shall set a time and place for such hearing and shall give the petitioner written notice thereof....
- California Health and Safety Code Section 18515
Such hearing shall be commenced not later than 10 days after the day on which such petition was filed. Upon application of the petitioner the...
- California Health and Safety Code Section 18516
After such hearing the enforcement agency shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this part...
- California Health and Safety Code Section 18517
If the requirements of the said notice have not been complied with on or before the expiration of 30 days after the mailing and posting...
- California Health and Safety Code Section 18518
Upon compliance by the permittee with the provisions of this part and of the notice, and submission of proof thereof to the enforcement agency, the...
- California Health and Safety Code Section 18550
It is unlawful for any person to use or cause, or permit to be used for occupancy, any of the following manufactured homes or mobilehomes...
- California Health and Safety Code Section 18550.5
(a) An owner of a manufactured home or mobilehome may remove or cause to be removed the towbar, wheels, wheel hubs, or axles from a...
- California Health and Safety Code Section 18551
The department shall establish regulations for manufactured home, mobilehome, and commercial modular foundation systems that shall be applicable throughout the state. When established, these regulations...
- California Health and Safety Code Section 18551.1
(a) Any mobilehome park, constructed on or after January 1, 1982, may be constructed in a manner that will enable manufactured homes, mobilehomes, and multiunit...
- California Health and Safety Code Section 18552
(a) The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, and the department...
- California Health and Safety Code Section 18554
(a) It is unlawful to permit any wastewater, sewage, or waste material from any plumbing fixtures in a park, any park sewage or waste disposal...
- California Health and Safety Code Section 18555
(a) Notwithstanding any other provision of law, the registered owner of a manufactured home or mobilehome in a mobilehome park, converted or proposed to be...
- California Health and Safety Code Section 18601
The department shall adopt regulations to ensure adequate animal control within parks.
- California Health and Safety Code Section 18602
In every park there shall be installed and kept burning from sunset to sunrise sufficient artificial light to adequately illuminate every building containing toilets and...
- California Health and Safety Code Section 18603
(a) In every park there shall be a person available by telephonic or like means, including telephones, cellular phones, telephone answering machines, answering services or...
- California Health and Safety Code Section 18604
(a) No manufactured home, mobilehome, or recreational vehicle within a park shall be rented or leased unless it bears a label, an insignia, or an...
- California Health and Safety Code Section 18605
The department shall adopt regulations to govern the use and occupancy of manufactured homes, mobilehomes, and recreational vehicles. These regulations shall establish minimum requirements to...
- California Health and Safety Code Section 18610
Except as provided in Section 18930, the department shall adopt regulations to govern the construction, use, occupancy, and maintenance of parks and lots within the...
- California Health and Safety Code Section 18610.5
(a) Park lot lines shall not be created, moved, shifted, or altered without a permit issued to the park owner or operator by the enforcement...
- California Health and Safety Code Section 18611
(a) Factory-built housing bearing an insignia of approval pursuant to Section 19980, manufactured homes as defined in Section 18007, mobilehomes as defined in Section 18008,...
- California Health and Safety Code Section 18612
Except as provided in Section 18930, the department shall adopt regulations to govern lot access and driveways within parks. The regulations adopted by the department...
- California Health and Safety Code Section 18613
(a) (1) A permit shall be obtained from the enforcement agency each time a manufactured home or mobilehome is to be located, installed, or reinstalled,...
- California Health and Safety Code Section 18613.1
The requirements for any installation of a manufactured home or mobilehome shall not exceed the requirements set forth in Sections 18613 and 18613.4.
- California Health and Safety Code Section 18613.2
When the enforcement agency issues an installation permit for a new manufactured home or mobilehome, beginning on July 1, 1980, a copy of such permit...
- California Health and Safety Code Section 18613.3
An application for a permit for initial installation of a manufactured home or mobilehome shall be accompanied by a dimensioned plot plan of the lot...
- California Health and Safety Code Section 18613.4
(a) All manufactured homes or mobilehomes, when initially installed or subsequently reinstalled on a different lot pursuant to Section 18613, shall be installed to resist,...
- California Health and Safety Code Section 18613.5
The Department of Housing and Community Development, with the review and advice of the Seismic Safety Commission, shall adopt such rules and regulations as are...
- California Health and Safety Code Section 18613.7
(a) A permit shall be obtained by the installer from the enforcement agency each time an earthquake resistant bracing system is installed, replaced, or altered...
- California Health and Safety Code Section 18614
If the installation of a manufactured home or mobilehome by a contractor has failed the inspection of the enforcement agency and the contractor has failed...
- California Health and Safety Code Section 18620
The department shall adopt regulations regarding the construction of buildings in parks that it determines are reasonably necessary for the protection of life and property...
- California Health and Safety Code Section 18630
The department shall adopt regulations regarding plumbing in parks that it determines are reasonably necessary for the protection of life and property and to carry...
- California Health and Safety Code Section 18640
The department shall adopt regulations for toilet, shower, and laundry facilities in parks. The department shall propose and submit building standards for approval pursuant to...
- California Health and Safety Code Section 18670
The department shall adopt regulations regarding electrical wiring, fixtures, and equipment installed in parks that it determines are reasonably necessary for the protection of life...
- California Health and Safety Code Section 18690
The department shall adopt regulations regarding fuel gas equipment and installations in parks that it determines are reasonably necessary for the protection of life and...
- California Health and Safety Code Section 18691
(a) The department shall adopt rules and regulations that it determines are reasonably consistent with generally recognized fire protection standards, governing conditions relating to the...
- California Health and Safety Code Section 18700
Any person who willfully violates this part, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted...
- California Health and Safety Code Section 18860
This part shall be known and may be cited as the Special Occupancy Parks Act.
- California Health and Safety Code Section 18861
(a) The provisions of this part insofar as they are substantially the same as existing statutory provisions relating to the same subject matter shall be...
- California Health and Safety Code Section 18862
"Accessory building or structure" is any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak or porch, or any residential building or...
- California Health and Safety Code Section 18862.1
"Approved" when used in connection with any material, appliance, or construction, means meeting the requirements for obtaining the approval of the department.
- California Health and Safety Code Section 18862.3
"Building standard" means building standard as defined in Section 18909.
- California Health and Safety Code Section 18862.5
"Camping cabin" means a relocatable hard sided shelter with a floor area less than 400 square feet (37 square meters) without plumbing that is designed...
- California Health and Safety Code Section 18862.7
"Camping party" means a person or group of not more than 10 persons occupying a campsite or "camping cabin" for not more than 30 days
- California Health and Safety Code Section 18862.9
"Campsite" is an area within an incidental camping area occupied by a camping party.
- California Health and Safety Code Section 18862.11
"Commercial coach" as used in this part has the same meaning as defined in Section 18001.8.
- California Health and Safety Code Section 18862.13
"Conditional permit" means a construction, reconstruction, or operation permit issued by the enforcement agency which may prescribe conditions on the use or occupancy of a...
- California Health and Safety Code Section 18862.15
"Department" is the Department of Housing and Community Development.
- California Health and Safety Code Section 18862.17
"Enforcement agency" is the Department of Housing and Community Development, or any city, county, or city and county that has assumed responsibility for the enforcement...
- California Health and Safety Code Section 18862.19
"Incidental camping area" is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management,...
- California Health and Safety Code Section 18862.21
"Lease" is an oral or written contract for the use, possession, and occupation of property. It includes rent.
- California Health and Safety Code Section 18862.23
"Lot" means any area or tract of land or portion of a special occupancy park, designated or used for the occupancy of one manufactured home,...
- California Health and Safety Code Section 18862.25
"Manufactured home" shall have the same meaning as defined in Section 18007.
- California Health and Safety Code Section 18862.27
"Mobilehome" shall have the same meaning as defined in Section 18008.
- California Health and Safety Code Section 18862.29
"Mobilehome park" shall have the same meaning as used in Section 18214.
- California Health and Safety Code Section 18862.30
"Occupant" and "resident" shall be interchangeable and shall include "occupant," "resident," "tenant," or "guest" as used in Chapter 2.6 (commencing with Section 799.20) of the...
- California Health and Safety Code Section 18862.31
"Park" means any special occupancy park.
- California Health and Safety Code Section 18862.33
"Permanent building" means any permanent structure, other than factory-built housing, under the control and ownership of the special occupancy park owner or operator that is...
- California Health and Safety Code Section 18862.35
"Plan checking agency" means a private entity employing at least one architect or engineer licensed by the state to perform the review of plans and...
- California Health and Safety Code Section 18862.37
"Recreational vehicle" as used in this part has the same meaning as defined in Section 18010.
- California Health and Safety Code Section 18862.39
(a) "Recreational vehicle park" is any area or tract of land, or a separate designated section within a mobilehome park where two or more lots...
- California Health and Safety Code Section 18862.41
"Rent" is money or other consideration given for the right of use, possession, and occupation of property.
- California Health and Safety Code Section 18862.43
"Special occupancy park" means a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp.
- California Health and Safety Code Section 18862.45
"Special purpose commercial coach" as used in this part has the same meaning as defined in Section 18012.5.
- California Health and Safety Code Section 18862.47
(a) "Temporary recreational vehicle park" is any area or tract of land where two or more lots are rented, leased, or held out for rent...
- California Health and Safety Code Section 18862.49
"Tent" is any enclosed structure or shelter fabricated entirely or in major part of cloth, canvas, or similar material supported by a frame.
- California Health and Safety Code Section 18863
The Legislature finds and declares that increasing numbers of Californians own and use recreational vehicles for recreation, vacations, and temporary housing. Because these vehicles are...
- California Health and Safety Code Section 18863.1
The Legislature finds and declares that the standards and requirements established for construction, maintenance, occupancy, use, and design of parks should guarantee park occupants or...
- California Health and Safety Code Section 18863.2
The Legislature finds and declares that inclusion of specific standards within a statute often precludes the rapid and flexible action needed to correct substandard conditions,...
- California Health and Safety Code Section 18863.3
The Legislature finds and declares that the specific requirements relating to construction, maintenance, occupancy, use, and design of parks are best developed by the department...
- California Health and Safety Code Section 18863.4
(a) It is the purpose of this part to accomplish both of the following: (1) Assure protection of the health, safety, and general welfare of...
- California Health and Safety Code Section 18865
(a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county, whether general...
- California Health and Safety Code Section 18865.05
(a) This part shall also apply to any portion of a mobilehome park that is also a special occupancy park, as defined in Section 18862.43....
- California Health and Safety Code Section 18865.1
Any person may file an application with the governing body of any city, city and county, or county for a conditional use permit for a...
- California Health and Safety Code Section 18865.2
(a) In any city, county, or city and county that has imposed a time limitation for occupancy of spaces in special occupancy parks, any special...
- California Health and Safety Code Section 18865.3
The department shall adopt regulations for special occupancy parks which shall take into consideration any special conditions as location, physical environment, density of usage, type...
- California Health and Safety Code Section 18865.4
This part does not apply to any park or camping area owned, operated, and maintained by any of the following: (a) The federal government. (b)...
- California Health and Safety Code Section 18865.5
(a) This part does not apply to any apartment house, hotel, or dwelling that is subject to Part 1.5 (commencing with Section 17910). (b) This...
- California Health and Safety Code Section 18865.6
(a) This part is not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by...
- California Health and Safety Code Section 18865.7
(a) The department shall evaluate the enforcement of this part and regulations adopted pursuant to this part by each city, county, or city and county...
- California Health and Safety Code Section 18865.8
(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...
- California Health and Safety Code Section 18866
(a) The department shall enforce this part and the rules and regulations adopted pursuant to this part, except as provided in Section 18865. (b) The...
- California Health and Safety Code Section 18866.1
Enforcement agencies responsible for the enforcement of this part and the regulations adopted pursuant to this part shall maintain all records on file of special...
- California Health and Safety Code Section 18866.2
Any notice of violation of this part, or any rule or regulation adopted pursuant thereto, issued by the enforcement agency shall be issued to the...
- California Health and Safety Code Section 18866.3
The owner or operator of a park shall abate any nuisance in the park within five days, or within such longer period of time as...
- California Health and Safety Code Section 18866.4
In any action or proceeding to abate a nuisance in a park, proof of any one of the following facts is sufficient for a judgment...
- California Health and Safety Code Section 18866.5
(a) If any park or portion thereof governed by this part is constructed, altered, converted, used, occupied, or maintained in violation of this part, the...
- California Health and Safety Code Section 18866.6
(a) No enforcement agency shall approve any park fronting upon any coastline, shoreline, river, or waterway or upon any lake or reservoir owned in whole...
- California Health and Safety Code Section 18867
(a) (1) If, upon inspection, the enforcement agency determines that a special occupancy park is in violation of any provision of this part, or any...
- California Health and Safety Code Section 18868
If the owner or operator of the special occupancy park or the registered owner or occupant of the mobilehome, manufactured home, or recreational vehicle disputes...
- California Health and Safety Code Section 18869
The remedies provided by this chapter are cumulative, and shall not be construed to supersede other provisions of law providing sanctions for violators of this...
- California Health and Safety Code Section 18870
It is unlawful for any person to do any of the following unless he or she has a valid permit issued by the enforcement agency:...
- California Health and Safety Code Section 18870.1
Applications for a permit to construct or reconstruct shall be accompanied by: (a) A description of the grounds. (b) Plans and specifications of the proposed...
- California Health and Safety Code Section 18870.2
Fees as applicable shall be submitted for permits: (a) Fees for a permit to conduct any construction subject to this part as determined by the...
- California Health and Safety Code Section 18870.3
(a) Funds collected by the department pursuant to this part shall be deposited into the Mobilehome Parks and Special Occupancy Parks Revolving Fund established pursuant...
- California Health and Safety Code Section 18870.4
(a) Except as otherwise provided in subdivision (b), the department by administrative rule and regulation shall establish a schedule of fees relating to all construction,...
- California Health and Safety Code Section 18870.5
Any person responsible for obtaining any of the permits required by this chapter, Chapter 8 (commencing with Section 18871), or the regulations adopted pursuant to...
- California Health and Safety Code Section 18870.6
A permit to operate shall be issued by the department following notification by the local enforcement agency of completion of construction of a new park...
- California Health and Safety Code Section 18870.7
Permits to operate shall be issued by the enforcement agency. A copy of each permit to operate shall be forwarded to the department. No permit...
- California Health and Safety Code Section 18870.8
(a) The enforcement agency shall be notified by the new owner or operator of any park of any change in the name or ownership or...
- California Health and Safety Code Section 18870.9
Permits for construction and operation shall be posted in a conspicuous place.
- California Health and Safety Code Section 18870.10
All permits as required by this chapter for construction or reconstruction shall automatically expire within six months from the date of issuance thereof in those...
- California Health and Safety Code Section 18870.11
If any person who holds a permit to operate violates the permit or this part, the permit may be suspended by the enforcement agency. This...
- California Health and Safety Code Section 18870.12
The enforcement agency shall issue and serve upon the permittee a notice setting forth in what respect the provisions of the permit or this code...
- California Health and Safety Code Section 18870.13
The notice shall be served by posting at least one copy in a conspicuous place on the premises described in the permit, and by sending...
- California Health and Safety Code Section 18870.14
Any permittee receiving a notice issued pursuant to Section 18870.12 may request and shall be granted a hearing on the matter before an authorized representative...
- California Health and Safety Code Section 18870.15
Upon receipt of the petition, the enforcement agency shall set a time and place for the hearing and shall give the petitioner written notice thereof....
- California Health and Safety Code Section 18870.16
The hearing shall be commenced not later than 10 days after the day on which such petition was filed. Upon application of the petitioner the...
- California Health and Safety Code Section 18870.17
After the hearing the enforcement agency shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this part...
- California Health and Safety Code Section 18870.18
If the requirements of the notice have not been complied with on or before the expiration of 30 days after the mailing and posting of...
- California Health and Safety Code Section 18870.19
Upon compliance by the permittee with the provisions of this part and of the notice, and submission of proof thereof to the enforcement agency, the...
- California Health and Safety Code Section 18871
It is unlawful for any person to use or cause, or permit to be used for occupancy, any of the following manufactured homes, mobilehomes, park...
- California Health and Safety Code Section 18871.2
If a manufactured home, mobilehome, or commercial coach is to be installed on a foundation system and located in a park, the installation shall comply...
- California Health and Safety Code Section 18871.3
The department shall propose the adoption of and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, and...
- California Health and Safety Code Section 18871.4
(a) It is unlawful to permit any wastewater, sewage, or waste material from any plumbing fixtures in a park, any park sewage or waste disposal...
- California Health and Safety Code Section 18871.5
(a) No recreational vehicle within a park shall be rented or leased unless it bears a label, an insignia, or an insignia of approval required...
- California Health and Safety Code Section 18871.6
The department shall adopt regulations to ensure adequate animal control within parks.
- California Health and Safety Code Section 18871.7
In every park there shall be installed and kept burning from sunset to sunrise sufficient artificial light to adequately illuminate every building containing toilets and...
- California Health and Safety Code Section 18871.8
(a) In every park there shall be a person available to receive by telephonic or like means, including telephones, cellular telephones, telephone answering machines, answering...
- California Health and Safety Code Section 18871.9
Every person who owns or operates an incidental camping area with an attendant on the premises shall keep a register in which shall be entered...
- California Health and Safety Code Section 18871.10
The department shall adopt regulations to govern the use and occupancy of manufactured homes, mobilehomes, and recreational vehicles located in special occupancy parks. Those regulations...
- California Health and Safety Code Section 18871.11
(a) A camping cabin shall be designed to resist the following live loads: (1) floor live loads not less than 40 pounds per square foot...
- California Health and Safety Code Section 18872
Except as provided in Section 18930, the department shall adopt regulations to govern the construction, use, occupancy, and maintenance of parks and lots within the...
- California Health and Safety Code Section 18872.1
(a) Park lot lines shall not be created, moved, shifted, or altered without a permit issued to the park owner or operator by the enforcement...
- California Health and Safety Code Section 18872.2
Except as provided in Section 18930, the department shall adopt regulations to govern lot access and driveways within parks. The regulations shall establish standards or...
- California Health and Safety Code Section 18873
The department shall adopt regulations regarding the construction of buildings in parks that it determines are reasonably necessary for the protection of life and property...
- California Health and Safety Code Section 18873.1
The department shall adopt the regulations regarding plumbing in parks that it determines are reasonably necessary for the protection of life and property and to...
- California Health and Safety Code Section 18873.2
The department shall adopt regulations for toilet, shower, and laundry facilities in parks. The department shall propose and submit building standards for approval pursuant to...
- California Health and Safety Code Section 18873.3
The department shall adopt regulations regarding electrical wiring, fixtures, and equipment installed in parks that it determines are reasonably necessary for the protection of life...
- California Health and Safety Code Section 18873.4
The department shall adopt regulations regarding fuel gas equipment and installations in parks that it determines are reasonably necessary for the protection of life and...
- California Health and Safety Code Section 18873.5
(a) The department shall adopt regulations that it determines are reasonably consistent with generally recognized fire protection standards, governing conditions relating to the prevention of...
- California Health and Safety Code Section 18874
(a) Any person who willfully violates this part, building standards published in the California Building Standards Code relating thereto, or any other regulations adopted by...
- California Health and Safety Code Section 18897
(a) "Organized camp" means a site with program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual,...
- California Health and Safety Code Section 18897.1
"Camper" means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of...
- California Health and Safety Code Section 18897.2
(a) Except as provided in Section 18930, the Director of Public Health shall adopt, in accordance with the provisions of Chapter 3.5 (commencing with Section...
- California Health and Safety Code Section 18897.3
Except as provided in Section 18930, the State Fire Marshal shall adopt minimum fire safety regulations for organized camps in accordance with the provisions of...
- California Health and Safety Code Section 18897.4
Every local health officer shall enforce within his or her jurisdiction the building standards published in the State Building Standards Code relating to organized camps...
- California Health and Safety Code Section 18897.5
The building standards published in the State Building Standards Code relating to fire and panic safety and the other regulations adopted by the State Fire...
- California Health and Safety Code Section 18897.6
Organized camps shall not be subject to regulation by any state agency other than the State Department of Public Health, California regional water quality control...
- California Health and Safety Code Section 18897.7
No organized camp shall be operated in this state unless each site or location in which the camp operates satisfies the minimum standards for organized...
- California Health and Safety Code Section 18901
(a) This part shall be known and may be cited as the California Building Standards Law. (b) The California Building Standards Commission shall continue within...
- California Health and Safety Code Section 18902
All references to the State Building Standards Code, Title 24 of the California Code of Regulations shall mean the California Building Standards Code.
- California Health and Safety Code Section 18905
Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this part.
- California Health and Safety Code Section 18905.5
"Adopting agency" means a state agency responsible for the adoption of building standards.
- California Health and Safety Code Section 18906
"Adoption" or "adopt" means, with respect to the procedure for promulgation of a building standard, the final act of a state agency that has the...
- California Health and Safety Code Section 18907
"Approval" means, with respect to the procedure for promulgation of a building standard, the action of approval by the California Building Standards Commission. Until there...
- California Health and Safety Code Section 18908
(a) "Building" means any structure used for support or shelter of any use or occupancy. "Structure" means that which is built or constructed, an edifice...
- California Health and Safety Code Section 18909
(a) "Building standard" means any rule, regulation, order, or other requirement, including any amendment or repeal of that requirement, that specifically regulates, requires, or forbids...
- California Health and Safety Code Section 18910
"Code" means the California Building Standards Code, including the triennial editions and supplements.
- California Health and Safety Code Section 18911
"Codification" or "codify" means to arrange building standards in the publication format of the code as determined by the commission.
- California Health and Safety Code Section 18912
"Commission" means the California Building Standards Commission.
- California Health and Safety Code Section 18913
"Emergency standard" means a building standard or an order of repeal of a building standard filed for publication in the code by the commission pursuant...
- California Health and Safety Code Section 18914
"Executive director" means the Executive Director of the California Building Standards Commission.
- California Health and Safety Code Section 18915
"Local agency" means a city, county, and city and county, whether general law or chartered, district agency, authority, board, bureau, department, commission, or other governmental...
- California Health and Safety Code Section 18916
"Model code" means any building code drafted by private organizations or otherwise, and shall include, but not be limited to, the latest edition of the...
- California Health and Safety Code Section 18917
"Occupancy" means the purpose for which a building, structure, or other improvement to property, or a part thereof, is used or intended to be used.
- California Health and Safety Code Section 18917.2
"Propose" refers, with respect to the procedure for promulgation of a building standard, to the state agency that has the legislative authority and responsibility to...
- California Health and Safety Code Section 18917.3
"Publication" or "publish" means to print and make available to the public the California Building Standards Code or administrative regulations that apply directly to the...
- California Health and Safety Code Section 18917.5
"Secretary" means the Secretary of the State and Consumer Services Agency.
- California Health and Safety Code Section 18918
"State agency" means a state agency as defined in Section 11000 of the Government Code.
- California Health and Safety Code Section 18919
"Regulation" means any rule, regulation, ordinance, or order promulgated by a state or local agency, including rules, regulations, or orders relating to occupancy or the...
- California Health and Safety Code Section 18920
There is continued in existence in the State and Consumer Services Agency a California Building Standards Commission consisting of the Secretary of State and Consumer...
- California Health and Safety Code Section 18921
(a) The appointed members of the commission shall be selected from, and represent the public, design professions, the building and construction industry, local government building...
- California Health and Safety Code Section 18922
The Secretary of the State and Consumer Services Agency or the secretary's representative shall serve as the chair of the commission. The commission shall elect...
- California Health and Safety Code Section 18923
(a) The term of office of members of the commission shall be four years and they shall hold office until the appointment and qualification of...
- California Health and Safety Code Section 18924
The members of the commission shall serve without compensation. Members of the commission who are not state officers shall be paid their actual necessary travel
- California Health and Safety Code Section 18925
The commission shall appoint an Executive Director of the California Building Standards Commission, who shall hold office at the pleasure of the commission. The executive...
- California Health and Safety Code Section 18926
(a) There is, in the office of the executive director, a coordinating council. The membership of the council shall consist of the executive director, who...
- California Health and Safety Code Section 18927
The commission may appoint from the design professions, the building and construction industry, the affected general public, and interested governmental agencies, appropriate advisory panels to...
- California Health and Safety Code Section 18928
(a) Each state agency adopting or proposing adoption of a model code, national standard, or specification shall reference the most recent edition of applicable model...
- California Health and Safety Code Section 18928.1
Building standards adopted or approved by the commission shall incorporate the text of the model codes, applicable national specifications, or published standards, in whole or...
- California Health and Safety Code Section 18929
(a) Except as otherwise provided in subdivision (b), administrative regulations adopted by state agencies that apply directly to the implementation or enforcement of building standards...
- California Health and Safety Code Section 18929.1
(a) The commission shall receive proposed building standards from state agencies for consideration in an 18-month code adoption cycle. The commission shall develop regulations setting...
- California Health and Safety Code Section 18930
(a) Any building standard adopted or proposed by state agencies shall be submitted to, and approved or adopted by, the California Building Standards Commission prior...
- California Health and Safety Code Section 18930.5
If no state agency has the authority or expertise to propose green building standards applicable to a particular occupancy, the commission shall adopt, approve, codify,...
- California Health and Safety Code Section 18931
The commission shall perform the following: (a) In accordance with Section 18930 and within 120 days from the date of receipt of adopted standards, review...
- California Health and Safety Code Section 18931.5
(a) Each state agency that adopts or proposes building standards shall pay annually to the California Building Standards Commission a proportionate share of the cost...
- California Health and Safety Code Section 18931.6
(a) Each city, county, or city and county shall collect a fee from any applicant for a building permit, assessed at the rate of four...
- California Health and Safety Code Section 18931.7
(a) All funds received by the commission under this part shall be deposited in the Building Standards Administration Special Revolving Fund, which is hereby established...
- California Health and Safety Code Section 18931.8
The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to,...
- California Health and Safety Code Section 18932
(a) The code shall indicate the agency having responsibility vested by law for the administration of each building standard and the occupancy or occupancies affected...
- California Health and Safety Code Section 18933
(a) The commission may give affected state agencies reasonable time, as specified by the commission, to adopt amendments to building standards submitted for approval. If...
- California Health and Safety Code Section 18934
State agencies proposing to adopt building standards shall adopt, and the commission shall approve, regulations establishing procedures to ensure public participation in the development of...
- California Health and Safety Code Section 18934.5
Where no state agency has the authority to adopt building standards applicable to state buildings, the commission shall adopt, approve, codify, and publish building standards...
- California Health and Safety Code Section 18934.7
The commission shall adopt, approve, codify, and publish by reference in the California Building Standards Code the building standards in Appendix Chapter 1 of the...
- California Health and Safety Code Section 18934.8
(a) Pursuant to subdivision (b), the commission may adopt amendments to the California Building Standards Code provided that they are substantially the same as model...
- California Health and Safety Code Section 18935
(a) Notice of proposed building standards shall be given and hearings shall be held by the adopting agencies, as required by the Administrative Procedure Act,...
- California Health and Safety Code Section 18936
The commission shall mail notices of meetings with respect to its proposed action on any building standards to any design profession organizations, chambers of commerce,...
- California Health and Safety Code Section 18937
(a) Emergency standards shall be acted on by the commission within 30 days and only when the adopting agency or state agency that proposes the...
- California Health and Safety Code Section 18938
(a) Building standards shall be filed with the Secretary of State and codified only after they have been approved by the commission and shall not...
- California Health and Safety Code Section 18938.3
With respect to the model codes that are designated in Sections 17922 and 18938 to serve as the basis for the California Building Standards Code...
- California Health and Safety Code Section 18938.5
(a) Only those building standards approved by the commission, and that are effective at the local level at the time an application for a building...
- California Health and Safety Code Section 18940
Codification of building standards approved by the commission shall be incorporated into the code and shall not be incorporated into other individual titles of state...
- California Health and Safety Code Section 18941
All building standards shall be administered and enforced and, whenever practicable, written on a performance basis consistent with state and nationally recognized standards for building...
- California Health and Safety Code Section 18941.5
(a) (1) Amendments, additions, and deletions to the California Building Standards Code, including, but not limited to, green building standards, adopted by a city, county,...
- California Health and Safety Code Section 18941.6
(a) Notwithstanding any other provision of this part, ordinances and programs adopted on or before January 1, 1993, that contain standards to strengthen potentially hazardous...
- California Health and Safety Code Section 18941.7
Subject to Section 14877.3 of the Water Code, a city, county, or other local agency may adopt, after a public hearing and enactment of an...
- California Health and Safety Code Section 18941.8
(a) As used in this section, "graywater" has the same meaning as defined in Section 17922.12. (b) Notwithstanding Chapter 22 (commencing with Section 14875) of...
- California Health and Safety Code Section 18942
(a) The commission shall publish, or cause to be published, editions of the code in its entirety once in every three years. In the intervening...
- California Health and Safety Code Section 18942.1
(a) If a regulation or order of repeal is filed with the Office of Administrative Law, and if it appears to be a building standard,...
- California Health and Safety Code Section 18943
Building standards in individual titles of the California Code of Regulations other than the California Building Standards Code shall have no force or effect after...
- California Health and Safety Code Section 18944
State agencies shall adopt regulations for publication in the titles of the California Code of Regulations containing other regulations of the agency to identify, by...
- California Health and Safety Code Section 18944.5
The code shall be binding on the state and other public agencies, including federal agencies to the extent permitted by federal law, in the same...
- California Health and Safety Code Section 18944.7
The alternative building regulations and building standards authorized under the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13) which have...
- California Health and Safety Code Section 18944.11
On or before July 1, 2009, any state agency that adopts or proposes building standards for plumbing systems shall consider developing building standards that would...
- California Health and Safety Code Section 18944.30
The Legislature finds and declares all of the following: (a) There is an urgent need for low-cost, energy-efficient housing in California. (b) The cost of...
- California Health and Safety Code Section 18944.31
(a) Notwithstanding any other provision of law, the guidelines established by this chapter shall apply to the construction of all structures that use baled straw...
- California Health and Safety Code Section 18944.32
Nothing in this chapter shall be construed as an exemption from Chapter 3 (commencing with Section 5500) of, or Chapter 7 (commencing with Section 6700)...
- California Health and Safety Code Section 18944.33
For the purposes of this chapter, the following terms are defined as follows: (a) "Bales" means rectangular compressed blocks of straw, bound by strings or...
- California Health and Safety Code Section 18944.35
(a) Bales shall be rectangular in shape. (b) Bales used within a continuous wall shall be of consistent height and width to ensure even distribution...
- California Health and Safety Code Section 18944.40
(a) Straw-bale walls, when covered with plaster, drywall, or stucco, shall be deemed to have the equivalent fire resistive rating as wood-frame construction with the...
- California Health and Safety Code Section 18944.41
Sections 18944.30, 18944.31, 18944.33, 18944.35, and 18944.40 shall become inoperative when building standards become effective after approval by the California Building Standards Commission pursuant to...
- California Health and Safety Code Section 18945
(a) Any person adversely affected by any regulation, rules, omission, interpretation, decision, or practice of any state agency respecting the administration of any building standard...
- California Health and Safety Code Section 18946
Except as provided in Section 18947, the commission may hear the appeal itself, or by designating a member of the commission to be a hearing...
- California Health and Safety Code Section 18947
Where the appeal issue results from the enforcement of a standard for occupational safety and health by an inspector of the Division of Occupational Safety...
- California Health and Safety Code Section 18948
The responsibility for the enforcement and administration of building standards shall remain in the state or local agency specified by other provisions of law.
- California Health and Safety Code Section 18948.1
(a) Written rules and regulations by a local enforcement agency to clarify the application of the California Building Standards Code shall be made available to...
- California Health and Safety Code Section 18949
The commission shall establish a schedule of fees for appeals in an amount sufficient to pay its costs of administration and hearing appeals.
- California Health and Safety Code Section 18949.1
Any responsibilities of the State Architect to adopt regulations relating to building standards are hereby transferred to the commission.
- California Health and Safety Code Section 18949.2
(a) Any responsibilities of the State Fire Marshal to adopt, through a formal rulemaking process as provided in Chapter 3.5 (commencing with Section 11340) of...
- California Health and Safety Code Section 18949.3
Any responsibilities of the Office of Statewide Health Planning and Development to adopt regulations relating to building standards, including, but not limited to, responsibilities specified...
- California Health and Safety Code Section 18949.4
The State Energy Resources Conservation and Development Commission shall submit building standards to the commission for review and approval pursuant to Section 18930 in accordance...
- California Health and Safety Code Section 18949.5
Any responsibilities of the Department of Housing and Community Development to adopt regulations relating to buildings standards are hereby transferred to the commission.
- California Health and Safety Code Section 18949.6
(a) The commission shall adopt regulations setting forth the procedure for the adoption of building standards and administrative regulations that apply directly to the implementation...
- California Health and Safety Code Section 18949.7
Any responsibilities of the State Department of Public Health to adopt regulations relating to building standards are hereby transferred to the commission, except that the...
- California Health and Safety Code Section 18949.25
For purposes of this chapter, "construction inspector" means any person who is hired or contracted by a local agency in a temporary or permanent capacity...
- California Health and Safety Code Section 18949.26
For purposes of this chapter, "plans examiner" means any person who is hired or contracted by a local agency in a temporary or permanent capacity...
- California Health and Safety Code Section 18949.27
For purposes of this chapter, "building official" means the individual invested with the responsibility for overseeing local code enforcement activities, including administration of the building...
- California Health and Safety Code Section 18949.28
(a) All construction inspectors, plans examiners and building officials who are not exempt from the requirements of this chapter pursuant to subdivision (b), or previously...
- California Health and Safety Code Section 18949.29
(a) All construction inspectors, plans examiners, and building officials shall complete a minimum of 45 hours of continuing education for every three-year period, with at...
- California Health and Safety Code Section 18949.30
This chapter does not apply to a registered professional engineer, licensed land surveyor, or licensed architect rendering construction inspection services, plan examination services, or building...
- California Health and Safety Code Section 18949.31
The local agency shall bear the costs of certification, certification renewal, and continuing education, as mandated by this chapter. The local agency may impose fees,...
- California Health and Safety Code Section 18950
This part shall be known and may be cited as the "State Historical Building Code."
- California Health and Safety Code Section 18951
It is the purpose of this part to provide alternative regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of qualified...
- California Health and Safety Code Section 18952
This part shall apply to all qualified historical buildings or structures as defined in Section 18955.
- California Health and Safety Code Section 18953
It is the intent of this part to provide means for the preservation of the historical value of qualified historical buildings or structures and, concurrently,...
- California Health and Safety Code Section 18954
Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a qualified historical building or structure may be made if...
- California Health and Safety Code Section 18955
For the purposes of this part, a qualified historical building or structure is any structure or property, collection of structures, and their related sites deemed...
- California Health and Safety Code Section 18956
The application of the provisions of Part 5.5 (commencing with Section 19955) of Division 13 of this code, Chapter 7 (commencing with Section 4450) of...
- California Health and Safety Code Section 18957
Nothing in this part shall be construed to prevent authorized building or fire officials from the performance of their duties when in the process of...
- California Health and Safety Code Section 18958
Except as provided in Section 18930, the following state agencies, in addition to the State Historical Building Safety Board, shall have the authority to adopt...
- California Health and Safety Code Section 18959
(a) Except as otherwise provided in Part 2.5 (commencing with Section 18901), all state agencies shall administer and enforce this part with respect to qualified...
- California Health and Safety Code Section 18959.5
Subject to the applicable provisions of Part 2.5 (commencing with Section 18901) of this division, the State Historical Building Safety Board shall adopt and submit...
- California Health and Safety Code Section 18960
(a) A State Historical Building Safety Board is hereby established as a unit within the Division of the State Architect. The board shall be composed...
- California Health and Safety Code Section 18961
All state agencies that enforce and administer approvals, variances, or appeals procedures or decisions affecting the preservation or safety of the historical aspects of qualified...
- California Health and Safety Code Section 19000
Any provision in this part which is inconsistent with any provision in the State Housing Law, or any rule or regulation promulgated pursuant thereto, is...
- California Health and Safety Code Section 19100
This chapter does not apply to any of the following buildings: (a) Any building not intended primarily for occupancy by human beings and located entirely...
- California Health and Safety Code Section 19101
Any city, city and county, or county may establish by ordinance construction standards higher than those established by this chapter.
- California Health and Safety Code Section 19120
The building department of every city and city and county shall enforce this chapter within the city or city and county. "Building department" means the...
- California Health and Safety Code Section 19121
The department, officer, or officers of a county who are charged with the enforcement of ordinances or laws regulating the erection, construction, or alteration of...
- California Health and Safety Code Section 19122
Any city or county may, by ordinance, designate any department or officer, other than a department or officer mentioned in this chapter, to enforce all...
- California Health and Safety Code Section 19123
In any city where there is no department or officer charged with or designated for the enforcement of this chapter, the appropriate department, officer, or...
- California Health and Safety Code Section 19124
The Division of Codes and Standards of the Department of Housing and Community Development may enforce any provision of this chapter or any building standards...
- California Health and Safety Code Section 19130
No person shall construct a building subject to this chapter unless he has obtained a written permit for that purpose from the appropriate enforcement agency.
- California Health and Safety Code Section 19131
Any person desiring a permit shall file an application therefor with the appropriate enforcement agency, which application shall contain: (a) The name and address of...
- California Health and Safety Code Section 19132
The applicant shall file with his application: (a) A complete set of the plans of the work proposed. (b) A set of specifications describing the...
- California Health and Safety Code Section 19132.3
The governing body of any county or city, including a charter city, may adopt an ordinance prescribing fees for filing applications pursuant to this chapter,...
- California Health and Safety Code Section 19132.5
Where work for which a permit is required by this chapter is started or proceeded with prior to the obtaining of such permit, the fees...
- California Health and Safety Code Section 19132.7
The enforcement agency shall determine the cost of the work to be done for which the applicant desires a permit, and shall be guided by...
- California Health and Safety Code Section 19132.9
The United States, the State of California, school or other districts, counties and cities shall not be required to pay a fee for filing an...
- California Health and Safety Code Section 19133
The enforcement agency shall examine the application, plans, and specifications filed with it by an applicant, and if it appears that the work to be...
- California Health and Safety Code Section 19134
The enforcement agency may approve changes in any application, plans, or specifications previously approved by it.
- California Health and Safety Code Section 19135
The enforcement agency may revoke any permit if the permittee refuses, fails, or neglects to comply with any provision of this chapter, or if it...
- California Health and Safety Code Section 19136
The work authorized by a permit shall be performed only in accordance with the application, plans, and specifications filed by the permittee.
- California Health and Safety Code Section 19137
The issuance of a permit does not constitute approval of any violation of any provision of this chapter.
- California Health and Safety Code Section 19138
In any case where a building subject to this chapter is also subject to any permit provisions of the rules and regulations promulgated pursuant to...
- California Health and Safety Code Section 19150
Every building or structure and every portion thereof shall be designed and constructed to resist stresses produced by lateral forces as provided in the State...
- California Health and Safety Code Section 19160
The Legislature finds and declares that: (a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future,...
- California Health and Safety Code Section 19161
(a) Each city, city and county, or county, may assess the earthquake hazard in its jurisdiction and identify buildings subject to its jurisdiction as being...
- California Health and Safety Code Section 19162
(a) Notwithstanding the provisions of Section 19100 or 19150 or any other provision of law, the governing body of any city, city and county, or...
- California Health and Safety Code Section 19163
Any local ordinance adopted pursuant to Section 19162 shall require the following: (a) Any seismic retrofit of any building identified pursuant to paragraph (1) of...
- California Health and Safety Code Section 19163.5
Except as otherwise provided in Chapter 1 (commencing with Section 129675) of Part 7 of Division 107, an ordinance adopted by a city, city and...
- California Health and Safety Code Section 19164
Any city, city and county, or county may assign allowable working stresses to existing materials based on substantiating research data or engineering judgment. Such allowable...
- California Health and Safety Code Section 19165
Any city, city and county, or county adopting an ordinance establishing building seismic retrofit standards for seismically hazardous buildings shall file for informational purposes with...
- California Health and Safety Code Section 19166
Any building identified as being a seismic hazard to life and retrofitted in compliance with building seismic retrofit standards adopted pursuant to this article and...
- California Health and Safety Code Section 19167
No city, city and county, or county, nor any employee of any such entity, shall be liable for damages for injury to persons or property,...
- California Health and Safety Code Section 19168
Nothing in this article shall apply to those buildings and structures governed by the provisions of Chapter 1 (commencing with Section 15000) of Division 12.5...
- California Health and Safety Code Section 19170
Any person who violates, or causes or permits another person to violate, any provision of this chapter is guilty of a misdemeanor.
- California Health and Safety Code Section 19180
The Legislature finds and declares that: (a) It is generally accepted that various areas of the state will experience moderate and severe earthquakes in the...
- California Health and Safety Code Section 19181
Notwithstanding any other provision of law, the governing body of any city, county, or city and county may enact an ordinance requiring the installation of...
- California Health and Safety Code Section 19182
(a) The State Architect shall adopt standards governing earthquake sensitive gas shutoff devices for installation in buildings. These standards shall reasonably provide for convenient installation...
- California Health and Safety Code Section 19183
Manufacturers of earthquake sensitive gas shutoff devices or other devices required by an ordinance adopted pursuant to Section 19182 shall first obtain certification, pursuant to...
- California Health and Safety Code Section 19200
The Legislature finds and declares that existing law does not require that any new seismic gas shutoff valve sold by any person in this state...
- California Health and Safety Code Section 19201
As used in this article: (a) "Seismic gas shutoff device" means a seismic gas shutoff device installed on customer-owned gas piping certified by the State...
- California Health and Safety Code Section 19201.5
The State Architect shall establish a certification procedure for earthquake sensitive gas shutoff devices and shall establish a fee for the certification. Fees imposed pursuant...
- California Health and Safety Code Section 19202
The State Architect shall certify seismic gas shutoff devices which, as determined by the State Architect, comply with Chapter 12-23 (commencing with Section 12-23-101) of...
- California Health and Safety Code Section 19203
Any new seismic gas shutoff device sold by any person in this state shall, prior to sale, be certified by the State Architect.
- California Health and Safety Code Section 19204
This article is limited to the service connections of individual structures to main gas lines and to connections of appliances to gas lines and does...
- California Health and Safety Code Section 19210
(a) The Legislature finds and declares that there exists a serious threat of fire, explosion, or electrocution to the people of California from water heaters...
- California Health and Safety Code Section 19211
(a) Notwithstanding Section 19100, all new and replacement water heaters, and all existing residential water heaters, shall be braced, anchored, or strapped to resist falling...
- California Health and Safety Code Section 19212
All water heaters manufactured for sale in California on or after July 1, 1991, shall include a statement in the installation instructions that water heater...
- California Health and Safety Code Section 19213
Manufacturers shall add language to their instruction label on the front of the water heater that discloses the danger of falling or horizontal displacement due...
- California Health and Safety Code Section 19214
Any person who violates Section 19212 or 19213 shall be deemed to have violated a provision of Chapter 4 (commencing with Section 17000) of Part...
- California Health and Safety Code Section 19215
The Division of the State Architect shall prepare generic installation instructions with standard details illustrating the strapping, bracing, and anchoring of water heaters for typical...
- California Health and Safety Code Section 19216
At the point of sale, the retailer may provide the consumer with generic installation instructions with standard details approved by the Division of the State...
- California Health and Safety Code Section 19217
The Public Utilities Commission shall direct the investor owned gas and electrical utilities, not later than January 1, 1991, to develop an educational program for...
- California Health and Safety Code Section 19800
Refrigeration manufacturers shall hereafter on each mechanical refrigerator and refrigeration plant which they manufacture and installation companies shall on each refrigeration plant which they install...
- California Health and Safety Code Section 19810
(a) "Article" as used in this chapter means and includes any article of wearing apparel, cloth, drapery or other fabric or material made from or...
- California Health and Safety Code Section 19811
The Fire Marshal of the State of California or any Deputy State Fire Marshal has right of access to the premises of any vendor during...
- California Health and Safety Code Section 19812
Any article or samples taken under the provisions of Section 19811 hereof shall be subjected to tests by the Fire Marshal and determination made by...
- California Health and Safety Code Section 19813
The State Fire Marshal may make such rules and regulations relating to inflammable articles as defined in Section 19810 as may reasonably be necessary to...
- California Health and Safety Code Section 19814
Any inflammable article in the possession of any vendor in violation of the rules or regulations of the State Fire Marshal shall be subject to...
- California Health and Safety Code Section 19815
Any vendor whose property is seized under the provisions of Section 19814 may within 10 days after such seizure petition the State Fire Marshal to...
- California Health and Safety Code Section 19816
Any vendor who knowingly and wilfully violates any rule or regulation of the Fire Marshal relating to inflammable articles shall be guilty of a misdemeanor.
- California Health and Safety Code Section 19817
No person may manufacture, sell, or exchange, possess with intent to sell or exchange, or expose or offer for sale or exchange any eyeglass or...
- California Health and Safety Code Section 19818
The State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt such flammability standards and promulgate such regulations,...
- California Health and Safety Code Section 19820
(a) No person shall sell, or offer for sale, new children's sleepwear to and including size 14 which does not meet federal flammability standards for...
- California Health and Safety Code Section 19821
The Legislature finds and declares that results from recent research and testing by the federal government indicate the chemical tris (2, 3-dibromopropyl) phosphate, hereafter referred...
- California Health and Safety Code Section 19825
(a) Every city, county, or city and county, whether general law or chartered, that requires the issuance of a permit as a condition precedent to...
- California Health and Safety Code Section 19825
(a) Every city, county, or city and county, whether general law or chartered, that requires the issuance of a permit as a condition precedent to...
- California Health and Safety Code Section 19826
(a) No city or county, whether general law or chartered, shall issue a building permit which does not contain all applicable declarations required by Section...
- California Health and Safety Code Section 19826.5
A city or county may require that the agency of such city or county issuing a building permit inform the assessor of the county of...
- California Health and Safety Code Section 19827
(a) The Legislature hereby finds and declares that there is an urgent and statewide public interest in assuring that building contractors comply with the Contractors...
- California Health and Safety Code Section 19827.5
A demolition permit shall not be issued by any city, county, city and county, or state or local agency which is authorized to issue demolition...
- California Health and Safety Code Section 19828
Any city, county, or city and county, which requires the issuance of a permit as a condition precedent to the construction alteration, improvement, demolition, or...
- California Health and Safety Code Section 19829
(a) Notwithstanding Section 35441 of the Government Code, if an application for a building permit is filed with a county prior to the vote on...
- California Health and Safety Code Section 19835
Whenever a local ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement required as a condition...
- California Health and Safety Code Section 19836
Security given for faithful performance of an act or agreement pursuant to Section 19835 shall be released immediately upon the performance of the act or...
- California Health and Safety Code Section 19837
(a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a...
- California Health and Safety Code Section 19850
The building department of every city or county shall maintain an official copy, which may be on microfilm or other type of photographic copy, of...
- California Health and Safety Code Section 19851
(a) The official copy of the plans maintained by the building department of the city or county provided for under Section 19850 shall be open...
- California Health and Safety Code Section 19852
The governing body of a county or city, including a charter city, may prescribe such fees as will pay the expenses incurred by the building...
- California Health and Safety Code Section 19853
This chapter shall not apply to any building containing a bank, other financial institution, or public utility.
- California Health and Safety Code Section 19870
(a) As a result of construction inspection, an enforcement agency shall not impose a new or modified building standard different from those specified in the...
- California Health and Safety Code Section 19872
(a) An enforcement agency may require as a condition of receiving a building permit, that a permittee participate in a preconstruction conference prior to completion...
- California Health and Safety Code Section 19881
(a) No person shall sell, or offer for sale, any new or used unvented heater that is designed to be used inside any dwelling house...
- California Health and Safety Code Section 19882
Any violation of any provision of this chapter shall be a misdemeanor.
- California Health and Safety Code Section 19890
(a) On or after January 1, 1991, no person, corporation, or entity shall manufacture for sale in this state, purchase, sell or offer for sale...
- California Health and Safety Code Section 19891
(a) In addition to any other remedies permitted by law, any violations of subdivision (a), (b), or (c) of Section 19890 shall be subject to...
- California Health and Safety Code Section 19900
Notwithstanding any other statutory provision, no city, city and county, county, or other political subdivision of this State, including, but not limited to a chartered...
- California Health and Safety Code Section 19901
Notwithstanding any other provision of law, no public agency which owns and operates rental housing accommodations, shall prohibit the keeping of not more than two...
- California Health and Safety Code Section 19902
The Legislature finds and declares that the elderly and the handicapped who live together in a shared housing arrangement benefit from this arrangement by having...
- California Health and Safety Code Section 19903
As used in this part: (a) "Assistance" means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to...
- California Health and Safety Code Section 19904
(a) Notwithstanding any other provision of law, or any rule, regulation, condition, covenant, or restriction to the contrary, if a public agency owns and operates,...
- California Health and Safety Code Section 19952
(a) Any person, or public or private firm, organization, or corporation, who owns or manages places of public amusement and resort including theaters, concert halls,...
- California Health and Safety Code Section 19953
Any person who is aggrieved or potentially aggrieved by a violation of this part, Chapter 7 (commencing with Section 4450) of Division 5 of Title...
- California Health and Safety Code Section 19954
The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the...
- California Health and Safety Code Section 19954.5
If a violation of Section 19952, 19953, or 19954 is alleged or the application or construction of any of these sections is in issue in...
- California Health and Safety Code Section 19955
(a) The purpose of this part is to insure that public accommodations or facilities constructed in this state with private funds adhere to the provisions...
- California Health and Safety Code Section 19955.3
As used in this part: (a) "Story" means that portion of a building included between the upper surface of any floor and the upper surface...
- California Health and Safety Code Section 19955.5
All passenger vehicle service stations, shopping centers, offices of physicians and surgeons, and office buildings constructed in this state with private funds shall adhere to...
- California Health and Safety Code Section 19956
All public accommodations constructed in this state shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1...
- California Health and Safety Code Section 19956.5
Any curb or sidewalk intended for public use that is constructed in this state with private funds shall conform to the provisions of Chapter 7...
- California Health and Safety Code Section 19957
In cases of practical difficulty, unnecessary hardship, or extreme differences, a building department responsible for the enforcement of this part may grant exceptions from the...
- California Health and Safety Code Section 19957.5
(a) Every city, county, or city and county may appoint a local appeals board composed of five members to hear written appeals brought by any...
- California Health and Safety Code Section 19958
The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city...
- California Health and Safety Code Section 19958.5
The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the...
- California Health and Safety Code Section 19958.6
(a) A person who violates Section 19952, 19955, 19955.5, 19956, 19956.5, or 19959 or any of the regulations implementing those sections that have been promulgated...
- California Health and Safety Code Section 19959
Every existing public accommodation constructed prior to July 1, 1970, which is not exempted by Section 19956, shall be subject to the requirements of this...
- California Health and Safety Code Section 19959.5
If a violation of Section 19955, 19955.3, 19955.5, 19956, 19956.5, 19957, 19957.5, or 19959 is alleged or the application or construction of any of these...
- California Health and Safety Code Section 19960
This part shall be known and may be cited as the "California Factory-Built Housing Law."
- California Health and Safety Code Section 19961
The Legislature hereby finds and declares that in an effort to meet the housing needs within the State of California, the private housing and construction...
- California Health and Safety Code Section 19965
The definitions contained in this chapter govern the construction of this part, unless the context otherwise requires.
- California Health and Safety Code Section 19966
"Approved" means conforming to the requirements, and obtaining the approval, of the Department of Housing and Community Development of the State of California.
- California Health and Safety Code Section 19967
"Building component" means any subsystem, subassembly, or other system designed for use in, or as part of, a structure, which may include structural, electrical, mechanical,...
- California Health and Safety Code Section 19967.1
"Building system" means plans, specifications, and documentation for a system of manufactured building, or for a type or a system of building components, which may...
- California Health and Safety Code Section 19967.2
"Building standard" means building standard as defined in Section 18909.
- California Health and Safety Code Section 19969
"Department" means the Department of Housing and Community Development of the State of California.
- California Health and Safety Code Section 19969.3
"Design approval agency" is a private organization meeting the requirements of department regulations to perform evaluation of factory-built housing plans and specifications.
- California Health and Safety Code Section 19970
"Dwelling unit" means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities...
- California Health and Safety Code Section 19971
"Factory-built housing" means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured...
- California Health and Safety Code Section 19972
"First user" means the person, firm, or corporation who initially installs factory-built housing within this state. A person who subsequently purchases a building which wholly...
- California Health and Safety Code Section 19974
"Installation" means the assembly of factory-built housing on site and the process of affixing factory-built housing to land, a foundation, footings or an existing building.
- California Health and Safety Code Section 19975
"Local enforcement agency" means the city, county, or city and county in which factory-built housing is installed.
- California Health and Safety Code Section 19975.1
"Local inspection agency" means the building department of a city, county, or city and county, which has been certified by the department, and which has...
- California Health and Safety Code Section 19976
"Manufacture" is the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials.
- California Health and Safety Code Section 19976.05
"Quality assurance agency" means a private organization meeting the requirements specified in regulations of the department to perform in-plant inspections of the construction of factory-built
- California Health and Safety Code Section 19976.1
"Residential building" means any structure designed for dwelling occupancy, containing one or more dwelling units and structures accessory thereto.
- California Health and Safety Code Section 19977
"Site" is the entire tract, subdivision or parcel of land on which factory-built housing is installed.
- California Health and Safety Code Section 19980
All 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...
- California Health and Safety Code Section 19981
(a) All factory-built housing bearing an insignia of approval pursuant to Section 19980 shall be deemed to comply with the requirements of all ordinances or...
- California Health and Safety Code Section 19982
(a) The department by rule and regulation shall establish a schedule of fees to pay the costs incurred by the department for the work related...
- California Health and Safety Code Section 19983
Nothing in this part shall be construed to prevent the department from delegating by written contract its enforcement authority to local government agencies or from...
- California Health and Safety Code Section 19984
All building standards shall be adopted and published in the State Building Standards Code pursuant to Part 2.5 (commencing with Section 18901) of this division,...
- California Health and Safety Code Section 19985
If the department determines that standards for the construction of factory-built housing, which have been prescribed by the statutes or rules and regulations of other...
- California Health and Safety Code Section 19990
(a) Except as provided in Section 18930, the department shall adopt rules and regulations to interpret and make specific this part. The department shall adopt...
- California Health and Safety Code Section 19990.6
The provisions of Section 17920.9, the building standards published in the State Building Standards Code relating to foam building systems, and the other rules and...
- California Health and Safety Code Section 19991
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...
- California Health and Safety Code Section 19991.1
The governing body of any city, county, or city and county may by ordinance elect to have its building department assume responsibility, for in-plant inspections...
- California Health and Safety Code Section 19991.2
Where there is no certified local inspection agency, the department shall make in-plant inspection of all factory-built housing in all places of manufacture located within...
- California Health and Safety Code Section 19991.3
The department shall provide by regulation for qualification and disqualification of design approval agencies to perform approval of factory-built housing plans and specifications, and the...
- California Health and Safety Code Section 19991.4
The department may provide by regulation for the qualification and disqualification of quality assurance agencies to perform inspections of factory-built housing manufacturers. Quality assurance agencies...
- California Health and Safety Code Section 19992
Local enforcement agencies shall enforce and inspect the installation of factory-built housing. The installation of factory-built housing shall be conducted in accordance with the requirements...
- California Health and Safety Code Section 19993
(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...
- California Health and Safety Code Section 19995
Except as provided in Section 18945, the department shall hear appeals brought by any person regarding the application to such person of any building standard...
- California Health and Safety Code Section 19996
The department may promulgate informal hearing rules pertaining to the hearing of appeals under the provisions of this chapter.
- California Health and Safety Code Section 19997
(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...
- California Health and Safety Code Section 20000
"District," as used in this chapter, means a police protection district formed pursuant to this chapter or pursuant to any law which it supersedes.
- California Health and Safety Code Section 20001
"Board," as used in this chapter, means the board of supervisors of the county in which it is proposed to form a district, or in...
- California Health and Safety Code Section 20002
"District board," as used in this chapter, means the board of police commissioners of a district.
- California Health and Safety Code Section 20003
"Commissioner," as used in this chapter, means a member of the district board.
- California Health and Safety Code Section 20004
Any reference in this chapter to a county or county officer is a reference to the county or officer of the county in which a...
- California Health and Safety Code Section 20005
No tax levied, assessed, or collected, and no election held, pursuant to this chapter is illegal, void, or voidable on account of any error, omission,...
- California Health and Safety Code Section 20006
A "precinct area" as used in this chapter means, with respect to the proceedings for the formation of an unincorporated town as a police protection...
- California Health and Safety Code Section 20007
No district shall be created or organized pursuant to this chapter after October 1, 1959. The organization, existence, or powers of any district heretofore created...
- California Health and Safety Code Section 20008
Any district in existence on January 1, 2008, in an unincorporated town may protect and safeguard life and property, and may equip and maintain a...
- California Health and Safety Code Section 20040
The board shall call and give notice of an election to be held in the proposed district to determine whether the district shall be formed,...
- California Health and Safety Code Section 20040.1
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a...
- California Health and Safety Code Section 20040.2
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of...
- California Health and Safety Code Section 20040.3
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time...
- California Health and Safety Code Section 20040.4
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be...
- California Health and Safety Code Section 20041
The notice of the formation election shall contain: (a) The date of the election. (b) A description of the boundaries of the proposed district. (c)...
- California Health and Safety Code Section 20042
The county clerk shall publish the notice of election once a week for at least two weeks prior to the formation election, in a newspaper...
- California Health and Safety Code Section 20043
At the formation election the first directors shall be elected and the following measure shall be submitted: "Shall the proposition to form ______ Police Protection...
- California Health and Safety Code Section 20044
No person shall be a candidate for the district board unless he is a resident within the boundaries of the proposed district.
- California Health and Safety Code Section 20045
The election shall be conducted, candidates nominated, the votes canvassed, and the results declared as provided by the Elections Code for election of county officers,...
- California Health and Safety Code Section 20046
If a majority of votes cast are in favor of forming the district, the board of supervisors shall by an order entered on its minutes...
- California Health and Safety Code Section 20047
No person is entitled to vote on the question of formation of a district, or for the first board of commissioners, unless that person is...
- California Health and Safety Code Section 20060
A district shall be governed by a district board of three commissioners, each of whom shall be a resident of the district.
- California Health and Safety Code Section 20061
Except as otherwise provided in this article, all district elections shall be called, held, and conducted in all respects as nearly as practicable in conformity...
- California Health and Safety Code Section 20062
Notwithstanding any other provision of this part, the terms of office of commissioners of the board in all districts existing on January 1, 1969, shall...
- California Health and Safety Code Section 20068
A vacancy occurring in the office of an elected commissioner shall be filled by an appointment of the board.
- California Health and Safety Code Section 20069
Every commissioner shall serve without compensation.
- California Health and Safety Code Section 20070
The district board shall adopt all rules and regulations necessary for the administration, operation, and maintenance of the district.
- California Health and Safety Code Section 20070.5
(a) A district's police department, police chief, and employees shall have all of the rights, duties, privileges, immunities, obligations, and powers of a municipal police...
- California Health and Safety Code Section 20071
(a) The district board shall determine the number of employees, if any, necessary for the proper care and protection of the life and property of...
- California Health and Safety Code Section 20071.5
The district may contract with a municipality within the county in which the district is located or with the county for the furnishing of police...
- California Health and Safety Code Section 20072
For the purpose of housing its police equipment and apparatus, and for housing its ambulances, the district board may acquire land and erect a police...
- California Health and Safety Code Section 20073
Before acquiring any real property for a police station, the district board may submit to the voters in the district at a special election, or...
- California Health and Safety Code Section 20074
All real property for a police station acquired pursuant to this article shall be conveyed to and held in the name of the "Board of...
- California Health and Safety Code Section 20075
The district board may pay for any real property it acquires for a police station out of money derived from the annual district tax, or...
- California Health and Safety Code Section 20076
The district board may dispose of any real property acquired for a police station. The disposition shall, however, be first approved by the voters in...
- California Health and Safety Code Section 20077
The district board may make and award contracts and may sue and be sued in the name of the district.
- California Health and Safety Code Section 20078
The district board shall keep a correct record of all its acts and proceedings, and of all its receipts and disbursements. For that purpose, it...
- California Health and Safety Code Section 20079
Each commissioner shall, at the expiration of his term of office, turn over to his successor all books and documents in his possession belonging to...
- California Health and Safety Code Section 20080
All accounts, bills, and demands against the district shall be audited, allowed, and paid by the district board by warrants of the county auditor drawn...
- California Health and Safety Code Section 20081
In addition to the duties specified in this chapter, the district board shall perform such other duties as are proper and necessary to carry out...
- California Health and Safety Code Section 20101
The district board shall call an election at which it shall submit to the voters in the district the question whether a special tax shall...
- California Health and Safety Code Section 20102
The election shall be called by posting notices in three of the most public places in the district for not less than ten days; and...
- California Health and Safety Code Section 20103
The notice shall specify the time and place of the election, and the amount required for the establishment and equipment of the police department.
- California Health and Safety Code Section 20104
The ballots used at the election shall contain the words "Tax--Yes," and "Tax--No."
- California Health and Safety Code Section 20105
The district board shall appoint three judges and two clerks to conduct the election. The election shall be conducted as far as practicable pursuant to...
- California Health and Safety Code Section 20106
Within twenty-four hours after the election, the judges of the election shall report and certify to the district board the number of votes cast for...
- California Health and Safety Code Section 20107
If the majority of the votes cast are in favor of the tax, the district board shall report to the board the amount of money...
- California Health and Safety Code Section 20108
The district board shall make an annual estimate of the amount of money required during the ensuing fiscal year for the maintenance of any police...
- California Health and Safety Code Section 20109
The auditor of each county in which a district is located shall allocate to the district, its share of property tax revenue pursuant to Chapter...
- California Health and Safety Code Section 20110
A district may levy special taxes services pursuant to the following: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of...
- California Health and Safety Code Section 20112
All money collected pursuant to this article shall be paid into the county treasury for the use of the district. The county treasurer shall pay...
- California Health and Safety Code Section 20113
The county treasurer shall not receive any compensation for performing duties relating to the receipt and disbursement of money collected pursuant to this article.
- California Health and Safety Code Section 20115
All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 24000
The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law,...
- California Health and Safety Code Section 24100
(a) For purposes of this section, the following definitions apply: (1) "ARRA" means Title III of Division B of the federal American Recovery and Reinvestment...
- California Health and Safety Code Section 24170
This chapter shall be known and may be cited as the Protection of Human Subjects in Medical Experimentation Act.
- California Health and Safety Code Section 24171
The Legislature hereby finds and declares that medical experimentation on human subjects is vital for the benefit of mankind, however such experimentation shall be undertaken...
- California Health and Safety Code Section 24172
As used in the chapter, "experimental subject's bill of rights," means a list of the rights of a subject in a medical experiment, written in...
- California Health and Safety Code Section 24173
As used in this chapter, "informed consent" means the authorization given pursuant to Section 24175 to have a medical experiment performed after each of the...
- California Health and Safety Code Section 24174
As used in this chapter, "medical experiment" means: (a) The severance or penetration or damaging of tissues of a human subject or the use of...
- California Health and Safety Code Section 24175
(a) Except as otherwise provided in this section, no person shall be subjected to any medical experiment unless the informed consent of such person is...
- California Health and Safety Code Section 24176
(a) Any person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject's...
- California Health and Safety Code Section 24177
This chapter shall not supersede, but shall be in addition to, Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division...
- California Health and Safety Code Section 24177.5
(a) This chapter shall not apply to any medical experimental treatment that benefits a patient subject to a life-threatening emergency if all of the following...
- California Health and Safety Code Section 24178
(a) Except for this section and the requirements set forth in Sections 24172 and 24176, this chapter shall not apply to any person who is...
- California Health and Safety Code Section 24179
This chapter shall not apply to a pharmacist dispensing drugs upon a prescription.
- California Health and Safety Code Section 24179.5
Notwithstanding any other provision of this chapter, this chapter does not apply to an adult in a terminal condition who executes a directive directing the...
- California Health and Safety Code Section 24185
(a) No person shall clone a human being or engage in human reproductive cloning. (b) No person shall purchase or sell an ovum, zygote, embryo,...
- California Health and Safety Code Section 24186
(a) (1) The department shall establish an advisory committee for purposes of advising the Legislature and the Governor on human cloning and other issues relating...
- California Health and Safety Code Section 24187
For violations of Section 24185, the State Director of Health Services may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties as...
- California Health and Safety Code Section 24275
(a) The State Department of Health Services, in conjunction with the study required pursuant to Chapter 116 of the Statutes of 1986, shall report to...
- California Health and Safety Code Section 24500
This article shall be known and may be cited as the Infant Crib Safety Act.
- California Health and Safety Code Section 24501
As used in this article, the following terms have the following meanings: (a) "Infant" means any person less than 35 inches tall and less than...
- California Health and Safety Code Section 24502
(a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or...
- California Health and Safety Code Section 24503
On or after January 1, 1996, any commercial user who willfully and knowingly violates Section 24502 is guilty of a misdemeanor, punishable by a fine...
- California Health and Safety Code Section 24504
Any person may maintain an action against any commercial user who violates Section 24502 to enjoin the remanufacture, retrofit, sale, contract to sell, contract to...
- California Health and Safety Code Section 24505
Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available...
- California Health and Safety Code Section 24506
If any provision of this article or the application thereof to any person or circumstances is held invalid or unconstitutional, that invalidity shall not affect...
- California Health and Safety Code Section 24520
The Legislature finds and declares all of the following: (a) Shaken baby syndrome is a medically serious, sometimes fatal, matter affecting newborns and very young...
- California Health and Safety Code Section 24521
The purpose of this article is to prevent the occurrence of injuries and deaths to infants and children as a result of shaken baby syndrome...
- California Health and Safety Code Section 24522
(a) Information and instructional materials as described in Section 24521 shall be provided free of charge by each health facility to parents or guardians of...
- California Health and Safety Code Section 24530
This chapter shall be known as and may be cited as the Bunk Bed Safety Act of 1999.
- California Health and Safety Code Section 24531
The Legislature finds and declares the following: (a) No state or federal law exists mandating the safety of bunk beds intended for use by children....
- California Health and Safety Code Section 24532
(a) As used in this chapter, "sale" or "sell" means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the...
- California Health and Safety Code Section 24533
(a) No commercial user shall sell, on or after June 19, 2000, a bunk bed that is unsafe for any child using the bunk bed....
- California Health and Safety Code Section 24534
Any commercial user who willfully and knowingly violates Section 24533 is guilty of an infraction and shall be punished by a fine not exceeding one...
- California Health and Safety Code Section 24535
Any person may maintain an action against any commercial user who violates Section 24533 to enjoin the sale of a bunk bed that is unsafe...
- California Health and Safety Code Section 24536
Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available...
- California Health and Safety Code Section 24537
This chapter does not apply to any bunk bed that was manufactured prior to June 19, 2000, if the sale of the bunk bed is...
- California Health and Safety Code Section 24538
Nothing in this chapter shall supersede any provision of federal law or any regulation adopted pursuant to federal law.
- California Health and Safety Code Section 25100
The Legislature finds that: (a) Increasing quantities of hazardous wastes are being generated in the state, for which the generators of the hazardous waste must...
- California Health and Safety Code Section 25101
The Legislature therefore declares that: (a) In order to protect the public health and the environment and to conserve natural resources, it is in the...
- California Health and Safety Code Section 25103
The Legislature has found that access by the people of this state to public records is a fundamental and necessary right. The Legislature finds that...
- California Health and Safety Code Section 25105
No provision of this chapter shall limit the authority of any state or local agency in the enforcement or administration of any provision of law...
- California Health and Safety Code Section 25106
Except as expressly provided by statute, this chapter does not supersede or modify Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3...
- California Health and Safety Code Section 25110
Unless expressly incorporated by reference by another statute, the definitions in this article govern only the construction of this chapter. Until terms used in this...
- California Health and Safety Code Section 25110.02
"Acutely hazardous waste" means any hazardous waste classified as an acutely hazardous waste in regulations adopted by the department.
- California Health and Safety Code Section 25110.1
"Applicant" means any person seeking an original hazardous waste facilities permit, or an original hazardous waste hauler's registration from the department to generate, transport, treat,...
- California Health and Safety Code Section 25110.2
"Authorized local health officer" means a local health officer authorized by the department pursuant to Section 25187.7.
- California Health and Safety Code Section 25110.3
"Buffer zone" means an area of land which surrounds a hazardous waste facility and on which certain land uses and activities are restricted to protect...
- California Health and Safety Code Section 25110.5
"Business" means the conduct of activity and is not limited to a commercial or proprietary activity.
- California Health and Safety Code Section 25110.8
"Business concern" means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization.
- California Health and Safety Code Section 25110.8.5
"Class I violation" means any of the following: (a) A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or...
- California Health and Safety Code Section 25110.9
(a) "Conditionally exempt small quantity treatment" means the operations of a generator conditionally exempted pursuant to subdivision (a) of Section 25201.5. (b) "Conditionally exempt specified...
- California Health and Safety Code Section 25110.9.1
(a) "Conditional authorization" means a provision of this chapter, including, but not limited to, Section 25200.3, which provides that a person or activity is deemed...
- California Health and Safety Code Section 25110.9.3
For purposes of this chapter, "consolidated manifest" means a hazardous waste manifest used by a milk run transporter to combine hazardous waste shipments from multiple...
- California Health and Safety Code Section 25110.10
(a) "Consolidation site" means a site to which hazardous waste initially collected at a remote site, as defined in Section 25121.3, is transported. (b) Hazardous...
- California Health and Safety Code Section 25110.10.1
For purposes of this chapter, "consolidated transporter" means a hazardous waste transporter registered pursuant to Section 25165 and the regulations adopted by the department who...
- California Health and Safety Code Section 25110.11
"Contained gaseous material," for purposes of subdivision (a) of Section 25124 or any other provision of this chapter, means any gas that is contained in...
- California Health and Safety Code Section 25111
"Department" means the Department of Toxic Substances Control.
- California Health and Safety Code Section 25111.1
"Designated local public officer" means a local public officer designated by the director pursuant to subdivision (a) of Section 25180.
- California Health and Safety Code Section 25112
"Director" means the Director of Toxic Substances Control.
- California Health and Safety Code Section 25112.5
(a) "Disclosure statement" means a statement submitted to the department by an applicant, signed by the applicant under penalty of perjury, which includes all of...
- California Health and Safety Code Section 25113
(a) "Disposal" means either of the following: (1) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste so that the waste or...
- California Health and Safety Code Section 25114
"Disposal site" means the location where any final deposition of hazardous waste occurs.
- California Health and Safety Code Section 25115
"Extremely hazardous waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal...
- California Health and Safety Code Section 25115.1
"Federal act" means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
- California Health and Safety Code Section 25116
"Handling" means the transporting or transferring from one place to another, or pumping, processing, storing, or packaging of hazardous waste, but does not include the...
- California Health and Safety Code Section 25116.5
(a) "Intermediate manufacturing process stream" means a material, or combination of materials, that meets all of the following conditions: (1) It is produced as part...
- California Health and Safety Code Section 25117
(a) Except as provided in subdivision (d), "hazardous waste" means a waste that meets any of the criteria for the identification of a hazardous waste...
- California Health and Safety Code Section 25117.1
"Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal,...
- California Health and Safety Code Section 25117.2
"Hazardous waste management" or "management" means the transportation, transfer, recycling, recovery, disposal, handling, processing, storage, and treatment of hazardous waste.
- California Health and Safety Code Section 25117.3
(a) "Hazardous waste property" means land which is either of the following: (1) Any hazardous waste facility or portion thereof, required to be permitted pursuant...
- California Health and Safety Code Section 25117.4
"Border zone property" means any property designated as border zone property pursuant to Section 25229 which is within 2,000 feet of a significant disposal of...
- California Health and Safety Code Section 25117.4.1
(a) "Local health officer" means county health officers, city health officers, and district health officers, as defined in this code. (b) "Local officer" means a...
- California Health and Safety Code Section 25117.5
(a) Waste that is hazardous only because it is medical waste, as defined in the Medical Waste Management Act (Part 14 (commencing with Section 117600)...
- California Health and Safety Code Section 25117.6
(a) "Minor violation" means a deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted...
- California Health and Safety Code Section 25117.8
"Natural resources" includes, but is not limited to, disposal site capacity and substances which are hazardous waste, or which are in hazardous waste, the reuse...
- California Health and Safety Code Section 25117.9
"Non-RCRA hazardous waste" means all hazardous waste regulated in the state, other than RCRA hazardous waste, as defined in Section 25120.2. A hazardous waste regulated...
- California Health and Safety Code Section 25117.9.1
"Notice to comply" means a written method of alleging a minor violation which is in compliance with all of the following requirements: (a) The notice...
- California Health and Safety Code Section 25117.10
"License" includes, but is not limited to any, permit, registration, or certification issued by any local, state, or federal agency for the generation, transportation, treatment,...
- California Health and Safety Code Section 25117.11
"Offsite facility" means a hazardous waste facility that is not an onsite facility.
- California Health and Safety Code Section 25117.12
"Onsite facility" means a hazardous waste facility at which a hazardous waste is produced and which is owned by, leased to, or under the control...
- California Health and Safety Code Section 25117.13
"Land use restriction" means any limitation regarding the uses of property which may be provided by, but is not limited to, a written instrument which...
- California Health and Safety Code Section 25117.14
"Permit-by-rule" means a provision of the regulations adopted pursuant to this chapter stating that a facility or activity is deemed to have a hazardous waste...
- California Health and Safety Code Section 25118
"Person" means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government...
- California Health and Safety Code Section 25119
"Processing" means treatment, as defined in Section 25123.5.
- California Health and Safety Code Section 25120
"Producer" means any person who generates a waste material.
- California Health and Safety Code Section 25120.2
"RCRA hazardous waste" means all waste identified as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of...
- California Health and Safety Code Section 25120.5
"Recyclable material" means a hazardous waste that is capable of being recycled, including, but not limited to, any of the following: (a) A residue. (b)...
- California Health and Safety Code Section 25120.55
(a) Used or spent etchants, stripping solutions, and plating solutions are spent, contaminated, or used material for purposes of this chapter. (b) Used or spent...
- California Health and Safety Code Section 25121
(a) "Recycled material" means a recyclable material which has been used or reused, or reclaimed. (b) "Recycled material" does not include an intermediate manufacturing process
- California Health and Safety Code Section 25121.1
(a) "Recycling" means using, reusing, or reclaiming a recyclable material. (b) Notwithstanding subdivision (a), for purposes of the fees, taxes, and charges imposed pursuant to...
- California Health and Safety Code Section 25121.3
(a) "Remote site" means a site operated by the generator where hazardous waste is initially collected, at which generator staff, other than security staff, is...
- California Health and Safety Code Section 25121.5
(a) "Retrograde material" means any hazardous material which is not to be used, sold, or distributed for use in an originally intended or prescribed manner...
- California Health and Safety Code Section 25122.7
"Restricted hazardous waste" includes both of the following: (a) Any hazardous waste subject to land disposal restrictions pursuant to Section 25179.6 and the regulations adopted...
- California Health and Safety Code Section 25122.8
"State operational costs" means the costs to the state of overseeing removal and remedial action, as defined in Sections 25322 and 25323, to releases of...
- California Health and Safety Code Section 25122.9
"Secretary" means the Secretary for Environmental Protection.
- California Health and Safety Code Section 25123
"Storage" means the holding of hazardous wastes, for a temporary period.
- California Health and Safety Code Section 25123.3
(a) For purposes of this section, the following terms have the following meaning: (1) "Liquid hazardous waste" means a hazardous waste that meets the definition...
- California Health and Safety Code Section 25123.4
"Transportable hazardous waste treatment unit" or "transportable treatment unit" means mobile equipment which performs treatment, is transported onto a facility to perform treatment, and is...
- California Health and Safety Code Section 25123.5
(a) Except as provided in subdivisions (b) and (c), "treatment" means any method, technique, or process which is not otherwise excluded from the definition of...
- California Health and Safety Code Section 25123.6
"Volatile organic compound" means a compound which is a volatile organic compound according to Method No. 8240 in the Environmental Protection Agency Document No. Solid...
- California Health and Safety Code Section 25123.7
(a) "Unified Program Facility" means all contiguous land and structures, other appurtenances, and improvements on the land which are subject to the requirements of paragraph...
- California Health and Safety Code Section 25123.8
"Universal waste" means a hazardous waste identified as a universal waste in Section 66273.9 of Title 22 of the California Code of Regulations, or as...
- California Health and Safety Code Section 25124
(a) Except as provided in subdivision (c), "waste" means any solid, liquid, semisolid, or contained gaseous discarded material that is not excluded by this chapter...
- California Health and Safety Code Section 25130
The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components: (a) A data base containing information...
- California Health and Safety Code Section 25131
(a) The department shall assemble a bibliographic cross-referenced data base containing all of the following information on known hazardous waste research programs which are ongoing...
- California Health and Safety Code Section 25132
(a) The department shall establish and maintain a pool of research consultants expert in the field of hazardous waste management. The department may consult with...
- California Health and Safety Code Section 25135
(a) The Legislature finds and declares as follows: (1) An effective planning process involving public and private sector participation exists at the county level for...
- California Health and Safety Code Section 25135.1
(a) For purposes of this article, and unless the context indicates otherwise, "county" means a county that notifies the department that it will prepare a...
- California Health and Safety Code Section 25135.2
(a) Each county shall establish an advisory committee of at least seven members to assist the county in the preparation and administration of the county...
- California Health and Safety Code Section 25135.3
The Association of Bay Area Governments, the Southern California Association of Governments, the Sacramento Area Council of Governments, and the Association of Monterey Bay Area...
- California Health and Safety Code Section 25135.4
(a) No person shall establish or expand an offsite facility, unless the legislative body of the city or county in which the new offsite facility,...
- California Health and Safety Code Section 25135.5
(a) The department shall, pursuant to this section, provide direction and technical data to counties and regional councils of governments to assist them in preparing...
- California Health and Safety Code Section 25135.6
(a) A county shall prepare, review, and adopt the county hazardous waste management plan pursuant to the schedule specified in this section. (b) On or...
- California Health and Safety Code Section 25135.7
(a) A county shall submit the final county hazardous waste management plan adopted by the county to the department for review and approval on or...
- California Health and Safety Code Section 25135.7.5
(a) If the department disapproves a county hazardous waste management plan pursuant to subdivision (a) of Section 25135.7, or a regional hazardous waste management plan...
- California Health and Safety Code Section 25135.8
Notwithstanding Section 25135.7.5, the review and approval of county hazardous waste management plans for counties within the Association of Bay Area Governments region shall be...
- California Health and Safety Code Section 25135.9
(a) The department shall, pursuant to this section and subdivision (c) of Section 25170, prepare and adopt a state hazardous waste management plan. The state...
- California Health and Safety Code Section 25140
The department shall prepare, adopt and may revise when appropriate, a listing of the wastes which are determined to be hazardous, and a listing of...
- California Health and Safety Code Section 25141
(a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. (b) The criteria...
- California Health and Safety Code Section 25141.2
(a) (1) Except as provided in paragraph (2), the department shall not publish a notice of a proposal to adopt, amend, or repeal regulations pursuant...
- California Health and Safety Code Section 25141.5
(a) When classifying a waste as hazardous pursuant to the criteria in paragraph (8) of subdivision (a) of Section 66261.24 of Title 22 of the...
- California Health and Safety Code Section 25141.6
In any case where the department proposes to make a determination that a waste meets one or more of the criteria and guidelines for the...
- California Health and Safety Code Section 25142
Any waste which conforms to a criterion adopted pursuant to Section 25141 shall be managed in accordance with permits, orders, and regulations issued or adopted...
- California Health and Safety Code Section 25142.5
The department shall develop and implement a comprehensive training, education, and enforcement program for generators, transporters, and facility operators, for personnel conducting inspections for the...
- California Health and Safety Code Section 25143
(a) The department may grant a variance from one or more of the requirements of this chapter, or the regulations adopted pursuant to this chapter,...
- California Health and Safety Code Section 25143.1
(a) Any geothermal waste resulting from drilling for geothermal resources is exempt from the requirements of this chapter because the disposal of these geothermal wastes...
- California Health and Safety Code Section 25143.1.5
(a) For purposes of this section, "wood waste" includes poles, crossarms, pilings, fence posts, lumber, support timbers, flume lumber, and cooling tower lumber. (b) Any...
- California Health and Safety Code Section 25143.2
(a) Recyclable materials are subject to this chapter and the regulations adopted by the department to implement this chapter that apply to hazardous wastes, unless...
- California Health and Safety Code Section 25143.3
The Environmental Protection Agency regulations regarding spent sulfuric acid as set forth in Section 261.4(a)(7) of Title 40 of the Code of Federal Regulations (50...
- California Health and Safety Code Section 25143.4
(a) The department shall adopt regulations pursuant to this section, which authorize the reuse of pulping liquors that are reclaimed in a pulping liquor recovery...
- California Health and Safety Code Section 25143.5
(a) Except as provided in subdivisions (d), (e) and (f), the department shall classify as nonhazardous waste any fly ash, bottom ash, and flue gas...
- California Health and Safety Code Section 25143.6
On or before February 15, 1988, the following California regional water quality control boards shall prepare a list of class III landfills, as specified in...
- California Health and Safety Code Section 25143.7
Waste containing asbestos may be disposed of at any landfill which has waste discharge requirements issued by the regional water quality control board which allow...
- California Health and Safety Code Section 25143.8
(a) For purposes of this section, "cementitious material" means cement, cement kiln dust, clinker, and clinker dust. (b) The test specified in the regulations adopted...
- California Health and Safety Code Section 25143.9
A recyclable material shall not be excluded from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless all of the...
- California Health and Safety Code Section 25143.10
(a) Except as provided in subdivisions (e) and (f), any person who recycles more than 100 kilograms per month of recyclable material under a claim...
- California Health and Safety Code Section 25143.11
(a) The department shall, on or before January 1, 1997, to the extent that it is consistent with the federal act and the protection of...
- California Health and Safety Code Section 25143.12
Notwithstanding any other provision of law, debris that is contaminated only with crude oil or any of its fractions is exempt from regulation under this...
- California Health and Safety Code Section 25143.13
(a) Notwithstanding any other provision of law, except as provided in subdivision (c), wastes containing silver or silver compounds that are RCRA hazardous wastes solely...
- California Health and Safety Code Section 25143.14
(a) Except as otherwise provided in subdivisions (c) and (d), residues that are removed from equipment for the purpose of cleaning the equipment for continued...
- California Health and Safety Code Section 25144
(a) For purposes of this section, the following terms have the following meaning: (1) "Oil" means crude oil, or any fraction thereof, that is liquid...
- California Health and Safety Code Section 25144.6
(a) As used in this section, "reusable soiled textile materials" means textile items, including, but not limited to, shop towels, uniforms, gloves, and linens and...
- California Health and Safety Code Section 25144.7
Notwithstanding this chapter, including, but not limited to, Section 25123.5, and any regulations adopted pursuant to this chapter, the draining of used fuel filters that...
- California Health and Safety Code Section 25145
(a) This chapter shall not be construed to limit or abridge the powers or duties granted to the State Water Resources Control Board and each...
- California Health and Safety Code Section 25145.4
No provision of this chapter, or any ruling of the department or director, shall be construed to limit or abridge the power of the Attorney...
- California Health and Safety Code Section 25146
The Legislature finds and declares that the number of hazardous waste disposal facilities is decreasing in the face of increasing demand, and that under present...
- California Health and Safety Code Section 25146.5
The Legislature further finds and declares that: (a) It is a matter of urgent public necessity and statewide concern that the number of existing hazardous...
- California Health and Safety Code Section 25147
Except as expressly provided in Section 25149, it is not the intent of this article to preempt local land use regulation of existing hazardous waste
- California Health and Safety Code Section 25147.5
The definitions contained in this article shall govern the construction of only this article.
- California Health and Safety Code Section 25148
(a) Except as otherwise provided in subdivision (b), "existing hazardous waste facility" means a Class I disposal site, as defined in Section 2510 of Title...
- California Health and Safety Code Section 25148.5
"Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes,...
- California Health and Safety Code Section 25149
(a) Notwithstanding any other provision of law, except as provided in Section 25149.5 or 25181 of this code or Section 731 of the Code of...
- California Health and Safety Code Section 25149.1
(a) No city, county, or city and county, whether general law or chartered, which has issued a conditional use permit for a hazardous waste facility...
- California Health and Safety Code Section 25149.3
(a) Upon the request of any interested person, the department shall examine and determine whether or not the use of any property for any one...
- California Health and Safety Code Section 25149.5
(a) A general law city or county may impose and enforce, for revenue purposes, a license tax on the operation of an existing hazardous waste...
- California Health and Safety Code Section 25149.6
A city, county, or city and county in which an existing hazardous waste facility is located may at any time recommend to the director any...
- California Health and Safety Code Section 25149.7
No provision of this article, or any ruling by the department or director, shall be construed as a limitation on the right of any person...
- California Health and Safety Code Section 25150
(a) The department shall adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public...
- California Health and Safety Code Section 25150.1
The requirements in Sections 25290.1, 25290.2, 25291, and 25292 apply to the construction, operation, maintenance, monitoring, and testing of underground storage tanks, as defined in...
- California Health and Safety Code Section 25150.2
(a) The department shall adopt regulations, consistent with federal law, concerning the transportation of hazardous waste from this state across international boundaries. These regulations shall...
- California Health and Safety Code Section 25150.3
The department shall adopt emergency regulations pursuant to Section 11346.1 of the Government Code which ensure protection for the public and the environment concerning hazardous...
- California Health and Safety Code Section 25150.4
Not later than July 1, 1994, the administrator for oil spill response in the Department of Fish and Game and the Director of Toxic Substances...
- California Health and Safety Code Section 25150.5
On or before July 1, 1995, the department shall revise any standard or regulation it has adopted that requires the preparation of a contingency plan,...
- California Health and Safety Code Section 25150.6
(a) Except as provided in subdivisions (e) and (f), the department, by regulation, may exempt a hazardous waste management activity from one or more of...
- California Health and Safety Code Section 25150.7
(a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood...
- California Health and Safety Code Section 25150.8
If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5...
- California Health and Safety Code Section 25151
The department may adopt varying regulations pursuant to Section 25150, other than building standards for different areas of the state depending on population density, climate,...
- California Health and Safety Code Section 25152
Before adopting building standards or adopting or revising other standards and regulations for the handling, processing, storing, use, recycling, and disposal of hazardous and extremely...
- California Health and Safety Code Section 25152.5
(a) For purposes of this section, the following definitions apply: (1) "Unusual circumstances" means only the following: (A) The need to search for and collect...
- California Health and Safety Code Section 25153
The offsite storage, treatment, transportation, and disposal of extremely hazardous waste is subject to the same requirements specified in this chapter that are applicable to...
- California Health and Safety Code Section 25153.6
(a) Any person generating or managing a RCRA hazardous waste shall comply with subsection (a) of Section 3010 of the Resource Conservation and Recovery Act...
- California Health and Safety Code Section 25154
It shall be unlawful for any person to manage any hazardous waste except as provided for in this chapter or regulations adopted by the department...
- California Health and Safety Code Section 25155
No extremely hazardous waste may be disposed of without prior processing to remove its harmful properties or as specified by the regulations of the department...
- California Health and Safety Code Section 25155.8
(a) The operator of a landfill, land farm, or surface impoundment, which is used for disposing or treating hazardous waste which contains volatile organic compounds...
- California Health and Safety Code Section 25155.10
(a) The owner or operator of every commercial offsite multiuser hazardous waste disposal facility shall develop a proposed monitoring plan, in writing, for the monitoring...
- California Health and Safety Code Section 25156
The department shall develop and adopt regulations and standards to implement Article 11 (commencing with Section 25220), including, but not limited to, regulations which specify...
- California Health and Safety Code Section 25157
Regulations adopted pursuant to this chapter may require the treatment of extremely hazardous waste at the site of production prior to any transportation, if the...
- California Health and Safety Code Section 25158
(a) Except as provided in subdivision (f), any person generating hazardous waste, or owning or operating a facility for the treatment, storage, or disposal of...
- California Health and Safety Code Section 25159
The department shall adopt and revise when necessary regulations that will allow the state to receive and maintain authorization to administer a state hazardous waste...
- California Health and Safety Code Section 25159.1
(a) The Office of Administrative Law shall deem any regulation proposed for adoption by the department to maintain authorization pursuant to Section 25159 to be...
- California Health and Safety Code Section 25159.5
(a) In adopting or revising standards and regulations pursuant to this chapter, the department shall, insofar as practicable, make the standards and regulations conform with...
- California Health and Safety Code Section 25159.6
Until the department adopts standards and regulations corresponding to, and equivalent to, or more stringent or extensive than, regulations adopted by the Environmental Protection Agency...
- California Health and Safety Code Section 25159.7
The department is authorized to carry out all hazardous waste management responsibilities imposed or authorized by the federal act, and the Comprehensive Environmental Response, Compensation,...
- California Health and Safety Code Section 25159.8
Nothing in this chapter shall be construed as prohibiting the furnishing of trade secret information to the Environmental Protection Agency to the extent required by...
- California Health and Safety Code Section 25159.9
Notwithstanding any other provision of law, the department may make available to the Environmental Protection Agency, or any other federal agency, any and all information...
- California Health and Safety Code Section 25159.10
The Legislature hereby finds and declares all of the following: (a) Specific state laws and regulations have been enacted to prevent leaks and hazardous waste...
- California Health and Safety Code Section 25159.11
This article shall be known and may be cited as the Toxic Injection Well Control Act of 1985.
- California Health and Safety Code Section 25159.12
For purposes of this article, the following definitions apply: (a) "Annulus" means the space between the outside edge of the injection tube and the well...
- California Health and Safety Code Section 25159.15
(a) Notwithstanding any other provision of law, on or after January 1, 1986, a person shall not discharge hazardous waste into an injection well which...
- California Health and Safety Code Section 25159.16
(a) If the department or regional board determines that there is migration of hazardous waste constituents, or a threat of migration of hazardous waste constituents,...
- California Health and Safety Code Section 25159.17
(a) The department shall make an inspection at least once each year of all facilities with injection wells into which hazardous waste is discharged. The...
- California Health and Safety Code Section 25159.18
Any person who applies to the department for a hazardous waste facilities permit, or for the renewal or revision of a hazardous waste facilities permit,...
- California Health and Safety Code Section 25159.19
(a) On or before July 1, 1986, the department shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging...
- California Health and Safety Code Section 25159.20
(a) The department shall specify, for purposes of paragraph (4) of Section 25200.6, the horizontal and vertical extent of any injection zone for an injection...
- California Health and Safety Code Section 25159.21
(a) The state board, a regional board, or the department may enter and inspect a facility for determining compliance with this article, including, for this...
- California Health and Safety Code Section 25159.22
This article shall not be construed to limit or abridge the powers and duties granted to the department pursuant to this chapter or pursuant to...
- California Health and Safety Code Section 25159.23
The State Oil and Gas Supervisor shall promptly report to the department and the state board any injection well regulated by the Division of Oil...
- California Health and Safety Code Section 25159.24
(a) Any injection well used to inject contaminated groundwater that has been treated and is being reinjected into the same formation from which it was...
- California Health and Safety Code Section 25159.25
Any action taken by the department pursuant to this article shall comply with and incorporate any waste discharge requirements issued by the state board or...
- California Health and Safety Code Section 25160
(a) For purposes of this chapter, the following definitions apply: (1) "Manifest" means a shipping document originated and signed by a generator of hazardous waste...
- California Health and Safety Code Section 25160.1
(a) The department shall revise the hazardous waste code identification system established in Appendix XII of Chapter 11 (commencing with Section 66261.1) of Division 4.5...
- California Health and Safety Code Section 25160.2
(a) In lieu of the procedures prescribed by Sections 25160 and 25161, transporters and generators of hazardous waste meeting the conditions in this section may...
- California Health and Safety Code Section 25160.3
(a) Any person generating hazardous waste that is transported or submitted for transportation, for offsite handling, treatment, storage, disposal, or a combination thereof, subject to...
- California Health and Safety Code Section 25160.4
(a) On and after January 1, 2005, and except as provided in subdivision (b), if an offsite hazardous waste facility operator either rejects a partial...
- California Health and Safety Code Section 25160.5
If any person submits an incomplete or improperly completed manifest, and the department returns the manifest to the person who completed or submitted the manifest,...
- California Health and Safety Code Section 25160.6
(a) (1) If a hazardous waste shipment is rejected in its entirety before the original manifest is signed by an offsite hazardous waste facility operator,...
- California Health and Safety Code Section 25160.7
An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to that loading,...
- California Health and Safety Code Section 25160.8
(a) For purposes of this section, the following definitions shall apply: (1) "CESQG wastes" means hazardous waste generated by a conditionally exempt small quantity generator,...
- California Health and Safety Code Section 25161
(a) The department may adopt and enforce those regulations, regarding a uniform program for hazardous waste transportation, that are necessary and appropriate to achieve consistency...
- California Health and Safety Code Section 25162
(a) No person shall transport any hazardous waste on the highways of this state, or deliver to a railroad or vessel any hazardous waste for...
- California Health and Safety Code Section 25162.1
A recyclable material that is to be exported to a foreign country is not excluded from classification as a waste pursuant to subdivision (b) or...
- California Health and Safety Code Section 25163
(a) (1) Except as otherwise provided in subdivisions (b), (c), (e), and (f), it is unlawful for any person to carry on, or engage in,...
- California Health and Safety Code Section 25163.1
The department shall not adopt any regulations requiring a person hauling hazardous wastes, who is not in the business of hauling hazardous wastes or who...
- California Health and Safety Code Section 25163.3
A person who initially collects hazardous waste at a remote site and transports that hazardous waste to a consolidation site operated by the generator and...
- California Health and Safety Code Section 25165
(a) A hazardous waste transporter's application for original and renewal registration shall be on a form provided by the department. Any application for an original...
- California Health and Safety Code Section 25166
(a) A person who is registered as a hazardous waste transporter may voluntarily surrender a registration by submitting a letter signed and dated by the...
- California Health and Safety Code Section 25166.5
Notwithstanding any other provision of law, the department may, by regulation, provide for the issuance and renewal of a hazardous waste transporter registration on a...
- California Health and Safety Code Section 25167.1
This article may be cited and shall be known as the Hazardous Waste Haulers Act. It is not the intent of the Legislature in enacting...
- California Health and Safety Code Section 25167.2
The Legislature finds and declares that increasing quantities of hazardous waste are being produced in this state and that adequate and reasonable safeguards in handling...
- California Health and Safety Code Section 25167.3
It is the intent of the Legislature that this article preempt all local regulations and all conflicting state regulations concerning the transportation of hazardous waste,...
- California Health and Safety Code Section 25167.4
For purposes of this article, the following terms have the following meaning: (a) "Vehicle" means a truck, trailer, semitrailer, or cargo tank. "Vehicle" does not...
- California Health and Safety Code Section 25168.1
The department shall adopt regulations for containers used to transport hazardous waste that are not subject to the federal regulations contained in Title 49 of...
- California Health and Safety Code Section 25169
(a) Every transporter of hazardous waste shall maintain ability to respond in damages resulting from the operation of that business. The ability to respond in...
- California Health and Safety Code Section 25169.3
Before hazardous waste is transported from an abandoned site to another disposal site, all of the following conditions shall be met: (a) The department shall...
- California Health and Safety Code Section 25169.5
For purposes of this article, the following definitions shall apply: (a) "Background check" means a criminal history background check obtained from fingerprint images submitted by...
- California Health and Safety Code Section 25169.6
(a) On or before July 1, 2003, the department shall adopt by regulation, and revise as appropriate, a list of hazardous wastes of concern and,...
- California Health and Safety Code Section 25169.7
Except as specified otherwise in subdivision (b), on and after July 1, 2003, all of the following requirements, including any regulations adopted by the department...
- California Health and Safety Code Section 25169.8
(a) On or before July 1, 2003, the department shall adopt emergency regulations to implement this article, with the concurrence of the California Highway Patrol....
- California Health and Safety Code Section 25170
The department, in performing its duties under this chapter, shall do all of the following: (a) Coordinate research and development regarding methods of hazardous waste...
- California Health and Safety Code Section 25172.6
The department shall enter into contracts or agreements with educational, professional, or trade associations, using a competitive bidding process, to establish specialized training programs with...
- California Health and Safety Code Section 25173
The department shall establish procedures to ensure that trade secrets used by a person regarding methods of hazardous waste handling and disposal are utilized by...
- California Health and Safety Code Section 25173.5
(a) Except as provided in subdivision (b), the legislative body of a city or county may impose and enforce a tax, for general purposes, or...
- California Health and Safety Code Section 25173.6
(a) There is in the General Fund the Toxic Substances Control Account, which shall be administered by the director. In addition to any other money...
- California Health and Safety Code Section 25173.7
(a) It is the intent of the Legislature that funds deposited in the Toxic Substances Control Account shall be appropriated in the annual Budget Act...
- California Health and Safety Code Section 25174
(a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money...
- California Health and Safety Code Section 25174.1
(a) Each person who disposes of hazardous waste in this state shall pay a fee for the disposal of hazardous waste to land, based on...
- California Health and Safety Code Section 25174.2
(a) The base rate for the hazardous wastes specified in Section 25174.6 which are disposed of or submitted for disposal in the state is eighty-five...
- California Health and Safety Code Section 25174.6
(a) The fee provided pursuant to Section 25174.1 shall be determined as a percentage of the base rate, as adjusted by the State Board of...
- California Health and Safety Code Section 25174.7
(a) The fees provided for in Sections 25174.1 and 25205.5 do not apply to any of the following: (1) Hazardous wastes which result when a...
- California Health and Safety Code Section 25174.9
The Hazardous Waste Control Account is the successor fund of the Federal Receipts Account that was established pursuant to Section 25174.8, as that section read...
- California Health and Safety Code Section 25174.11
Section 25174.1 does not apply to the previous disposal of mining waste that is subsequently classified as nonhazardous pursuant to the department's California Assessment Manual...
- California Health and Safety Code Section 25175
(a) (1) The department shall prepare and adopt, by regulation, a list, and on or before January 1, 2002, and when appropriate thereafter, shall revise,...
- California Health and Safety Code Section 25177
The department may report findings and results of an investigation which the department undertakes pertaining to subject matter governed by this chapter, except for trade...
- California Health and Safety Code Section 25178
On or before January 1 of each odd-numbered year, the department shall post on its Web site, at a minimum, all of the following: (a)...
- California Health and Safety Code Section 25178.1
The State Board of Equalization shall provide quarterly reports to the Legislature on the fees collected pursuant to Sections 25174.1, 25205.2, and 25205.5. The reports...
- California Health and Safety Code Section 25178.3
(a) The director shall notify the Republic of Mexico and every state which is contiguous to this state whenever any of the following occurs: (1)...
- California Health and Safety Code Section 25179
(a) A city or county or an agency or entity established by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of...
- California Health and Safety Code Section 25179.1
(a) This article shall be known, and may be cited, as the Hazardous Waste Treatment Reform Act of 1995. (b) It is the intent of...
- California Health and Safety Code Section 25179.2
For purposes of this article, the following definitions apply: (a) "Agricultural drainage water" means subsurface water or perched groundwater which is drained from beneath agricultural...
- California Health and Safety Code Section 25179.3
Notwithstanding any other provision of law, except as provided in Section 26179.9, no person shall dispose of liquid waste, liquid hazardous waste, or hazardous waste...
- California Health and Safety Code Section 25179.4
In developing new programs and carrying out this chapter, the department shall promote the following waste management practices in order of priority: (a) Reduction of...
- California Health and Safety Code Section 25179.5
(a) Notwithstanding any other provision of law, except as provided in this article, any hazardous waste restricted from land disposal by the federal act, or...
- California Health and Safety Code Section 25179.6
(a) (1) A land disposal restriction, treatment standard, or land disposal criteria adopted by the department pursuant to former Article 7.7 (commencing with Section 25179.1),...
- California Health and Safety Code Section 25179.7
(a) The department may, upon receipt of a petition, designate treatment technologies certified pursuant to Section 25200.1.5 in accordance with this article. For each designated...
- California Health and Safety Code Section 25179.8
(a) Except as provided in subdivision (d), the department may grant a variance from the requirements of Sections 25179.5 and 25179.6 for a hazardous waste,...
- California Health and Safety Code Section 25179.9
Lab packs which contain hazardous waste that has not been restricted or prohibited by the Environmental Protection Agency pursuant to Section 3004 of the federal...
- California Health and Safety Code Section 25179.10
(a) The department may grant an exemption from the requirements of Section 25179.6 pursuant to subdivision (b) for either of the following: (1) Any special...
- California Health and Safety Code Section 25179.11
(a) A person discharging a hazardous waste into a surface impoundment that was constructed before July 1, 1986, and for which an application for waste...
- California Health and Safety Code Section 25179.12
(a) Except as provided in subdivisions (b) and (c), a person operating a land treatment facility is exempt from the requirements of Sections 25179.5 and...
- California Health and Safety Code Section 25180
(a) (1) Except as provided in paragraph (2), the standards in this chapter and the regulations adopted by the department to implement this chapter shall...
- California Health and Safety Code Section 25180.1
For purposes of this chapter, "permit" includes matters deemed to be permits pursuant to subdivision (c) of Section 25198.6.
- California Health and Safety Code Section 25180.5
(a) The department, the State Water Resources Control Board, and the California regional water quality control boards shall notify the local health officer and director...
- California Health and Safety Code Section 25180.7
(a) Within the meaning of this section, a "designated government employee" is any person defined as a "designated employee" by Government Code Section 82019, as...
- California Health and Safety Code Section 25181
(a) When the department determines that any person has engaged in, is engaged in, or is about to engage in any acts or practices which...
- California Health and Safety Code Section 25181.5
A registered waste transporter transporting medical waste who is not subject to Section 25097 shall be subject to penalties for violations pursuant to this article.
- California Health and Safety Code Section 25182
Every civil action brought under this chapter at the request of the department or a unified program agency shall be brought by the city attorney,...
- California Health and Safety Code Section 25183
Any civil action brought pursuant to this chapter shall be brought in the county in which the processing or disposal of hazardous waste is made...
- California Health and Safety Code Section 25184
In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not...
- California Health and Safety Code Section 25184.1
If any administrative order or decision that imposes a penalty is issued pursuant to this chapter or Chapter 6.8 (commencing with Section 25300), the administrative...
- California Health and Safety Code Section 25185
(a) In order to carry out the purposes of this chapter, any authorized representative of the department or the local officer or agency authorized to...
- California Health and Safety Code Section 25185.5
In order to carry out the purposes of Article 11 (commencing with Section 25220), any authorized representative of the department may, at any reasonable hour...
- California Health and Safety Code Section 25185.6
(a) The department or any local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, in connection with any...
- California Health and Safety Code Section 25186
The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures...
- California Health and Safety Code Section 25186.1
(a) Except as specified in Section 25186.2, proceedings for the suspension or revocation of a permit, registration, or certificate under this chapter shall be conducted...
- California Health and Safety Code Section 25186.2
The department may temporarily suspend any permit, registration or certificate issued pursuant to this chapter prior to any hearing if the department determines that the...
- California Health and Safety Code Section 25186.3
(a) The department shall prepare a written report pursuant to subdivision (b) whenever the department proposes to issue a hazardous waste facilities permit applied for...
- California Health and Safety Code Section 25186.5
(a) In making a determination pursuant to Section 25186, the director may contact the district attorney, local agencies, the Attorney General, the United States Department...
- California Health and Safety Code Section 25186.6
(a) In any case filed in any court or administrative tribunal, including, but not limited to, the Office of Administrative Hearings, which alleges any violations...
- California Health and Safety Code Section 25186.7
The department may suspend or revoke any grant of authorization to operate pursuant to a permit-by-rule or authorization to conduct treatment pursuant to subdivision (a)...
- California Health and Safety Code Section 25187
(a) (1) The department or a unified program agency, in accordance with subdivision (l), may issue an order requiring that the violation be corrected and...
- California Health and Safety Code Section 25187.1
(a) (1) If the department or a unified program agency authorized pursuant to paragraph (2) determines, upon receipt of any information, that the presence of...
- California Health and Safety Code Section 25187.2
If a removal or remedial action order issued pursuant to Section 25187 to a potentially responsible party requires a person to take corrective action with...
- California Health and Safety Code Section 25187.5
(a) If corrective action is not taken on or before the date specified in an order issued pursuant to Section 25187, or if in the...
- California Health and Safety Code Section 25187.6
(a) If an authorized agent of the department has probable cause to believe that any hazardous waste, or any material which the authorized agent reasonably...
- California Health and Safety Code Section 25187.8
(a) An authorized representative of the department or local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, who,...
- California Health and Safety Code Section 25188
Any person subject to a schedule for compliance issued pursuant to Section 25187 who does not comply with that schedule shall be subject to a...
- California Health and Safety Code Section 25189
(a) A person who intentionally or negligently makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed,...
- California Health and Safety Code Section 25189.1
(a) In addition to liability under any other provision of law, any person who is liable for a civil penalty pursuant to subdivision (c) or...
- California Health and Safety Code Section 25189.2
(a) A person who makes a false statement or representation in an application, label, manifest, record, report, permit, or other document, filed, maintained, or used...
- California Health and Safety Code Section 25189.3
(a) For purposes of this section, the term "permit" means a hazardous waste facilities permit, interim status authorization, or standardized permit. (b) The department shall...
- California Health and Safety Code Section 25189.5
(a) The disposal of any hazardous waste, or the causing thereof, is prohibited when the disposal is at a facility which does not have a...
- California Health and Safety Code Section 25189.6
(a) Any person who knowingly, or with reckless disregard for the risk, treats, handles, transports, disposes, or stores any hazardous waste in a manner which...
- California Health and Safety Code Section 25189.7
(a) The burning or incineration of any hazardous waste, or the causing thereof, is prohibited when the burning or incineration is at a facility which...
- California Health and Safety Code Section 25190
Except as otherwise provided in Sections 25189.5, 25189.6, 25189.7, and 25191, any person who violates any provision of this chapter, or any permit, rule, regulation,...
- California Health and Safety Code Section 25191
(a) (1) Any person who knowingly does any of the acts specified in subdivision (b) shall, upon conviction, be punished by a fine of not...
- California Health and Safety Code Section 25191.2
Actions pursuant to Sections 25189.5, 25189.6, 25189.7, 25190, and 25191 may be brought by any city attorney.
- California Health and Safety Code Section 25191.7
(a) Any person who provides information which materially contributes to the imposition of a civil penalty or criminal fine against any person for violating this...
- California Health and Safety Code Section 25192
(a) All civil and criminal penalties collected pursuant to this chapter shall be apportioned in the following manner: (1) Fifty percent shall be deposited in...
- California Health and Safety Code Section 25193
The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the...
- California Health and Safety Code Section 25194
Any action brought pursuant to this chapter against a person shall not abate by reason of a sale or other transfer of ownership, except with...
- California Health and Safety Code Section 25194.5
(a) The withdrawal of an application for a permit, registration, or certificate, after it has been filed with the department shall not, unless the department...
- California Health and Safety Code Section 25195
It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way...
- California Health and Safety Code Section 25196
Any person who knowingly violates a provision of subdivision (a) of Section 25221 or subdivision (a) or (b) of Section 25232 shall be subject to...
- California Health and Safety Code Section 25197
(a) The Legislature hereby finds and declares as follows: (1) The United States Environmental Protection Agency has estimated that 90 percent of the 9 to...
- California Health and Safety Code Section 25197.1
(a) The director shall establish a Hazardous Waste Enforcement Unit within the department and shall appoint an enforcement coordinator to administer that unit and carry...
- California Health and Safety Code Section 25197.2
(a) The department shall establish a statewide Hazardous Waste Strike Force which shall consist of a representative from each of the following agencies: (1) The...
- California Health and Safety Code Section 25197.3
This article shall be funded from the department's existing resources.
- California Health and Safety Code Section 25198
(a) For purposes of this section, "state department" means the State Department of Health Services. (b) Except as provided in subdivision (c), the analysis of...
- California Health and Safety Code Section 25198.1
As used in this article, unless the context clearly indicates otherwise, the following definitions apply: (a) "Indian country" has the same meaning as set forth...
- California Health and Safety Code Section 25198.2
(a) Upon receipt of a written request from any tribe considering a proposal to construct each hazardous waste facility in that tribe's Indian country within...
- California Health and Safety Code Section 25198.3
(a) The secretary may enter into any cooperative agreement which meets the requirements of this article. (b) Each cooperative agreement shall include, but shall not...
- California Health and Safety Code Section 25198.4
(a) A tribe shall be eligible for technical assistance to the extent feasible, from the agencies specified in subdivision (b) of Section 25198.3, for the...
- California Health and Safety Code Section 25198.5
(a) Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 25198.3 to review any draft tribal permit and any applicable...
- California Health and Safety Code Section 25198.6
(a) Nothing in this article shall limit or expand, or be construed to limit or expand, the jurisdiction of any state agency specified in subdivision...
- California Health and Safety Code Section 25198.7
(a) The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce...
- California Health and Safety Code Section 25198.8
A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state.
- California Health and Safety Code Section 25198.9
Any person may commence a civil action on the person's own behalf against any of the public agencies specified in subdivision (b) of Section 25198.3,...
- California Health and Safety Code Section 25199
(a) The Legislature finds and declares as follows: (1) Existing laws require numerous permits before a hazardous waste facility can be constructed and operated. The...
- California Health and Safety Code Section 25199.1
Unless the context otherwise requires, the following definitions govern the construction of this article: (a) "Appeal board" means an appeal board established pursuant to Section...
- California Health and Safety Code Section 25199.2
Except as otherwise provided in this article, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code applies to...
- California Health and Safety Code Section 25199.3
(a) Notwithstanding any other provision of law, an applicant for a hazardous waste facility project may submit applications for a land use decision and for...
- California Health and Safety Code Section 25199.4
The Office of Permit Assistance in the Office of Planning and Research shall, for any proposed hazardous waste facility project, do all of the following:...
- California Health and Safety Code Section 25199.5
(a) At the request of an applicant, the legislative body of a local agency shall, within 60 calendar days after the local agency has determined...
- California Health and Safety Code Section 25199.6
(a) Section 65943 of the Government Code does not apply to the department's review of applications for a hazardous waste facilities permit. The department shall...
- California Health and Safety Code Section 25199.7
(a) At least 90 days before filing an application for a land use decision for a specified hazardous waste facility project with a local agency,...
- California Health and Safety Code Section 25199.8
(a) If an action or proceeding has been commenced in any court to attack, review, set aside, void, or annul the acts or decisions of...
- California Health and Safety Code Section 25199.9
(a) A proponent may file an appeal of a land use decision made by a local agency for a specified hazardous waste facility project with...
- California Health and Safety Code Section 25199.10
(a) If an appeal is filed pursuant to subdivision (b), (d), or (e) of Section 25199.9, or paragraph (3) of subdivision (c) of Section 25199.9,...
- California Health and Safety Code Section 25199.11
(a) An appeal board convened by the Governor or the Governor's designee to hear an appeal pursuant to subdivision (b) or (c) of Section 25199.9...
- California Health and Safety Code Section 25199.13
(a) An appeal board convened by the Governor or the Governor's designee to hear an appeal pursuant to subdivision (d) or (e) of Section 25199.9...
- California Health and Safety Code Section 25199.14
The final decision of the appeal board concerning an appeal authorized pursuant to Section 25199.9 shall be deemed to be the final administrative action of...
- California Health and Safety Code Section 25200
(a) The department shall issue hazardous waste facilities permits to use and operate one or more hazardous waste management units at a facility that in...
- California Health and Safety Code Section 25200.1
Notwithstanding Section 25200, the department shall not issue a hazardous waste facility permit to a facility which commences operation on or after January 1, 1987,...
- California Health and Safety Code Section 25200.1.5
(a) The department may establish an administrative process to certify hazardous waste environmental technologies that it determines will not pose a significant potential hazard to...
- California Health and Safety Code Section 25200.2
(a) The department shall develop a permitting process for transportable hazardous waste treatment units for treating hazardous waste in accordance with the federal act and...
- California Health and Safety Code Section 25200.3
(a) A generator who uses the following methods for treating RCRA or non-RCRA hazardous waste in tanks or containers, which is generated onsite, and which...
- California Health and Safety Code Section 25200.3.1
(a) For purposes of this section, the following definitions apply: (1) "Laboratory" means a workplace where relatively small quantities of hazardous chemicals are handled or...
- California Health and Safety Code Section 25200.4
(a) Any application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to...
- California Health and Safety Code Section 25200.5
(a) Except as provided in Sections 25200.7 and 25200.9, any person who desires to continue the use or operation of a hazardous waste facility which...
- California Health and Safety Code Section 25200.6
(a) The department shall not issue a hazardous waste facilities permit for an injection well or for the discharge of hazardous waste into an injection...
- California Health and Safety Code Section 25200.7
(a) On or before November 8, 1988, the department shall take final action on each application for a hazardous waste facilities permit submitted to the...
- California Health and Safety Code Section 25200.8
Any applicant for a final hazardous waste facilities permit pursuant to Section 25200 who receives a notice of deficiency from the department concerning the permit...
- California Health and Safety Code Section 25200.9
The department shall not grant interim status for any hazardous waste facility pursuant to Section 25200.5, unless either of the following applies: (a) The hazardous...
- California Health and Safety Code Section 25200.10
(a) For purposes of this section, "facility" means the entire site that is under the control of the owner or operator seeking a hazardous waste...
- California Health and Safety Code Section 25200.11
(a) On or before July 1, 1993, the department shall take final action on each application for a hazardous waste facilities permit to be issued...
- California Health and Safety Code Section 25200.12
A modification to an offsite facility operating under interim status pursuant to Section 25200.5 that requires a revised Part A application pursuant to Article 4...
- California Health and Safety Code Section 25200.13
For purposes of Sections 25200.11 and 25200.12, "offsite facility" means a facility that serves more than one generator of hazardous waste.
- California Health and Safety Code Section 25200.14
(a) For purposes of this section, "phase I environmental assessment" means a preliminary site assessment based on reasonably available knowledge of the facility, including, but...
- California Health and Safety Code Section 25200.14.1
(a) On or before July 1, 1997, the department shall complete an evaluation of the phase I environmental assessment requirement specified by Section 25200.14, and...
- California Health and Safety Code Section 25200.15
(a) The owner or operator of a facility that has a hazardous waste facilities permit issued pursuant to Section 25200 or 25201.6 may change facility...
- California Health and Safety Code Section 25200.16
(a) The department may administratively convert the hazardous waste facilities permit or grant of interim status of a hazardous waste management unit authorized pursuant to...
- California Health and Safety Code Section 25200.17
(a) Upon petition, the department may, by regulation, add new treatment activities to the list of activities eligible for operation pursuant to a permit-by-rule, under...
- California Health and Safety Code Section 25200.18
On or before July 1, 1996, or within six months of the adoption of electronic reporting standards by the Secretary for Environmental Protection pursuant to...
- California Health and Safety Code Section 25200.19
(a) A hazardous waste facility that obtains a hazardous waste facilities permit to receive hazardous wastes from offsite locations may conduct bulk, packaged, or containerized...
- California Health and Safety Code Section 25201
(a) Except as provided in subdivisions (c) and (d), no owner or operator of a storage facility, treatment facility, transfer facility, resource recovery facility, or...
- California Health and Safety Code Section 25201.1
(a) A solid waste facility, as defined in Section 40194 of the Public Resources Code, or any recycling facility, that accepts and processes empty aerosol...
- California Health and Safety Code Section 25201.3
(a) A local agency shall not deem any of the following generators performing any of the following treatment activities to be a hazardous waste treatment...
- California Health and Safety Code Section 25201.4
(a) (1) The unified program agency shall develop and implement a program to inspect persons operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption,...
- California Health and Safety Code Section 25201.4.1
(a) Except as provided in subdivision (c), any person subject to the notification requirements of Sections 25110.10, 25123.3, 25144.6, 25200.3, 25201.5, or 25201.14 shall only...
- California Health and Safety Code Section 25201.5
(a) Notwithstanding any other provision of law, a hazardous waste facilities permit is not required for a generator who treats hazardous waste of a total...
- California Health and Safety Code Section 25201.6
(a) For purposes of this section and Section 25205.2, the following terms have the following meaning: (1) "Series A standardized permit" means a permit issued...
- California Health and Safety Code Section 25201.6.1
The department shall seek a determination from the United States Environmental Protection Agency as to the conditions, if any, under which the department may authorize...
- California Health and Safety Code Section 25201.7
The department shall, upon request of a facility subject to the regulations concerning operation under a permit-by-rule for treatment of wastes which are hazardous solely...
- California Health and Safety Code Section 25201.8
(a) Notwithstanding any other provision of law, a generator of effluent hazardous waste from dry cleaning operations who treats the waste onsite is not a...
- California Health and Safety Code Section 25201.9
(a) Upon the written request of any person, the department may enter into an agreement with that person pursuant to which the department will perform...
- California Health and Safety Code Section 25201.10
Any information which a generator is required to provide to the department or to a local agency pursuant to Section 25200.3, 25200.14 or 25201.5 or...
- California Health and Safety Code Section 25201.11
(a) Copyright protection and all other rights and privileges provided pursuant to Title 17 of the United States Code are available to the department to...
- California Health and Safety Code Section 25201.12
Notwithstanding any other provision of law, a hazardous waste facilities permit or other grant of authorization from the department, and payment of any fee imposed...
- California Health and Safety Code Section 25201.13
(a) The Legislature hereby finds and declares that demineralization of water is a standard industrial water purification process used by utilities and industry. The regeneration...
- California Health and Safety Code Section 25201.14
(a) To the extent consistent with the federal act, the following activities are exempt from this article, including the requirements of obtaining a hazardous waste...
- California Health and Safety Code Section 25201.15
(a) For the purposes of this section, the following terms have the following meaning: (1) "Biotechnology manufacturing or biotechnology process development activities" means activities conducted...
- California Health and Safety Code Section 25201.16
(a) For purposes of this section, the following terms have the following meanings: (1) "Aerosol can" means a container in which gas under pressure is...
- California Health and Safety Code Section 25201.17
(a) For purposes of this section, the following terms have the following meanings: (1) "Pharmaceutical manufacturing or pharmaceutical process development activities" means activities conducted in...
- California Health and Safety Code Section 25202
(a) The owner or operator of a hazardous waste facility who holds a hazardous waste facilities permit or a grant of interim status shall comply...
- California Health and Safety Code Section 25202.5
(a) With respect to any hazardous waste facility permitted pursuant to Section 25200 or granted interim status pursuant to Section 25200.5, the department may do...
- California Health and Safety Code Section 25202.6
The owner of land subject to an easement, covenant, restriction, or servitude, required by the department pursuant to Section 25202.5, may make a written request...
- California Health and Safety Code Section 25202.7
Any decision of the department pursuant to either Section 25202.5 or Section 25202.6 shall be subject to review by a court of competent jurisdiction as...
- California Health and Safety Code Section 25202.9
The department shall require, as a permit condition when issuing a permit for an onsite hazardous waste treatment, storage, or disposal facility that the generator...
- California Health and Safety Code Section 25203
It is unlawful for any person to dispose of a hazardous waste except at a disposal site or facility of an owner or operator who...
- California Health and Safety Code Section 25204
(a) For purposes of this section, "residuals repository" means a hazardous waste facility, or an operational unit at a hazardous waste facility, which meets all...
- California Health and Safety Code Section 25204.5
Any action taken by the department pursuant to this article shall be consistent with all applicable regulations adopted by the State Water Resources Control Board,...
- California Health and Safety Code Section 25204.6
(a) On or before January 1, 1995, the Secretary for Environmental Protection shall develop a hazardous waste facility regulation and permitting consolidation program, after holding...
- California Health and Safety Code Section 25204.7
(a) Notwithstanding any other provision of law, a generator conducting a treatment activity that is eligible for operation under a permit-by-rule pursuant to the department's...
- California Health and Safety Code Section 25205
(a) Except as provided in Section 25245.5, the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner...
- California Health and Safety Code Section 25205.1
For purposes of this article, the following definitions apply: (a) "Board" means the State Board of Equalization. (b) "Facility" means any units or other structures,...
- California Health and Safety Code Section 25205.2
(a) Except as provided in subdivisions (c) and (h), in addition to the fees specified in Section 25174.1, each operator of a facility shall pay...
- California Health and Safety Code Section 25205.3
The following facilities are exempt from the fees imposed by this article: (a) Any household hazardous waste collection facility operated pursuant to Article 10.8 (commencing...
- California Health and Safety Code Section 25205.4
(a) The base rate for the 1997 reporting period for the facility fee imposed by Section 25205.2 is nineteen thousand seven hundred sixty-one dollars ($19,761)....
- California Health and Safety Code Section 25205.5
(a) In addition to the fee imposed pursuant to Section 25174.1, every generator of hazardous waste, in the amounts specified in subdivision (c), shall pay...
- California Health and Safety Code Section 25205.5.1
Notwithstanding Sections 25174.1 and 25205.5, the department may adopt regulations exempting victims of disasters from the hazardous waste disposal fee imposed pursuant to Section 25174.1...
- California Health and Safety Code Section 25205.6
(a) For purposes of this section, "organization" means a corporation, limited liability company, limited partnership, limited liability partnership, general partnership, and sole proprietorship. (b) On...
- California Health and Safety Code Section 25205.7
(a) (1) Except as otherwise provided in this section, any person who applies for, or requests, one of the following shall enter into a written...
- California Health and Safety Code Section 25205.9
(a) On or before June 30 of each year, the department shall determine if there are surplus funds in the Hazardous Waste Control Account and...
- California Health and Safety Code Section 25205.12
(a) The owner of a hazardous waste facility authorized to operate pursuant to a permit-by-rule, authorized under a grant of conditional authorization pursuant to Section...
- California Health and Safety Code Section 25205.13
(a) Notwithstanding any other provision of law or regulation, for the 1993 reporting period, the deadline for submitting permit-by-rule fixed treatment unit facility-specific notifications and...
- California Health and Safety Code Section 25205.14
(a) Except as provided in Section 25404.5, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall pay...
- California Health and Safety Code Section 25205.15
(a) Except for the first four manifests used in a calendar year by a business with less than 100 employees, and except as provided in...
- California Health and Safety Code Section 25205.16
(a) (1) The department may impose an annual verification fee upon all generators, transporters, and facility operators with 50 or more employees that possess a...
- California Health and Safety Code Section 25205.17
Notwithstanding any other provision of law, no facility for any reporting period prior to 1994 shall be a "disposal facility" for purposes of the annual...
- California Health and Safety Code Section 25205.18
(a) If a facility has a permit or an interim status document which sets forth the facility's allowable capacity for treatment or storage, the facility's...
- California Health and Safety Code Section 25205.19
(a) If a facility has a permit or an interim status document which sets forth the facility's type, pursuant to Section 25205.1, as either treatment,...
- California Health and Safety Code Section 25205.20
(a) In issuing a variance, the department may, for purposes of the annual facility fee only, make the variance retroactive to not earlier than one...
- California Health and Safety Code Section 25205.21
(a) Notwithstanding Section 25205.4, a disposal facility operator which is a government agency shall be subject to a maximum facility fee of ten thousand dollars...
- California Health and Safety Code Section 25205.22
(a) Prior to January 1, 1996, any person transporting, importing, or receiving non-RCRA hazardous waste imported into this state for purposes of treatment, recycling, or...
- California Health and Safety Code Section 25205.23
Notwithstanding Chapter 3 (commencing with Section 43151) of Part 22 of Division 2 of the Revenue and Taxation Code, at the request of any party...
- California Health and Safety Code Section 25206.1
For purposes of this article, the following terms have the following meaning: (a) "Direct costs" means the costs to the department of processing applications, responding...
- California Health and Safety Code Section 25206.2
(a) Except as provided in subdivision (c), the department shall comply with this article when recovering costs for processing applications, responding to requests, or providing...
- California Health and Safety Code Section 25206.3
The department shall take all of the following actions with regard to the tracking of indirect costs: (a) Ensure that pro rata costs are allocated...
- California Health and Safety Code Section 25206.4
The department shall establish rates for indirect costs that are specific to each program and shall review and update the indirect cost rates based upon...
- California Health and Safety Code Section 25207
The Legislature finds and declares all of the following: (a) Small agriculture-related operations need an appropriate and economic means of disposing of banned, unregistered, or...
- California Health and Safety Code Section 25207.1
For purposes of this article, the following definitions apply: (a) "Banned or unregistered agricultural waste" means a hazardous waste, as defined in Section 25117, including...
- California Health and Safety Code Section 25207.2
(a) A county may develop and establish a collection program for the collection of banned, unregistered, or outdated agricultural wastes, which shall be implemented and...
- California Health and Safety Code Section 25207.3
A participating county shall conduct a survey to identify all eligible participants in the county, within 180 days after the county elects to implement this...
- California Health and Safety Code Section 25207.4
If a county implements a collection program that includes collection sites for the dropoff of banned, unregistered, or outdated agricultural wastes by eligible participants, the...
- California Health and Safety Code Section 25207.5
(a) Except as provided in subdivision (b), for purposes of this article, all eligible participants who transport banned, unregistered, or outdated agricultural wastes which are...
- California Health and Safety Code Section 25207.6
All eligible participants shall handle banned, unregistered, or outdated agricultural wastes that are transported pursuant to Section 25207.5 in the following manner: (a) The wastes...
- California Health and Safety Code Section 25207.7
The county shall act as the operator of the designated site for the collection of the wastes and shall comply with the regulations adopted pursuant...
- California Health and Safety Code Section 25207.8
The banned, unregistered, or outdated agricultural wastes transported from the collection site shall be transported by a registered hazardous waste transporter to an offsite hazardous...
- California Health and Safety Code Section 25207.9
A report regarding any transportation accident involving banned, unregistered, or outdated agricultural wastes that are transported pursuant to a collection program shall be submitted to...
- California Health and Safety Code Section 25207.10
(a) A county implementing a collection program pursuant to this article shall charge a fee to eligible participants to cover the county's costs of implementing...
- California Health and Safety Code Section 25207.11
The collection program shall require, when economically feasible, that the banned, unregistered, or outdated agricultural wastes which are collected are recycled. If not recycled, the...
- California Health and Safety Code Section 25207.12
(a) Any eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection in a program established pursuant to this article is exempt from...
- California Health and Safety Code Section 25207.13
For purposes of complying with the manifest requirements of subdivision (b) of Section 25160, a county which collects banned, unregistered, or outdated agricultural wastes pursuant...
- California Health and Safety Code Section 25208
This article shall be known and may be cited as the Toxic Pits Cleanup Act of 1984.
- California Health and Safety Code Section 25208.1
The Legislature finds and declares as follows: (a) Discharges of liquid hazardous wastes or hazardous wastes containing free liquids into lined or unlined ponds, pits,...
- California Health and Safety Code Section 25208.2
For purposes of this article, the following definitions apply: (a) "Active life of the facility" means that period of time when the facility has the...
- California Health and Safety Code Section 25208.3
(a) The state board shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging any liquid hazardous wastes or...
- California Health and Safety Code Section 25208.4
(a) Notwithstanding any other provision of law, unless the person was granted an exemption pursuant to subdivision (b) on or before December 31, 1987, pursuant...
- California Health and Safety Code Section 25208.5
(a) Unless granted an exemption pursuant to subdivision (c) or Section 25208.13 or 25208.18, on or after January 1, 1989, no person shall discharge any...
- California Health and Safety Code Section 25208.6
When a regional board determines that a surface impoundment is polluting, or threatens to pollute, the waters of the state or that hazardous waste constituents...
- California Health and Safety Code Section 25208.7
(a) The regional board shall make at least one inspection per year of all facilities with surface impoundments, and shall regularly review monitoring data, as...
- California Health and Safety Code Section 25208.8
A person who receives a notice from a regional board pursuant to Section 25208.7 or who files an application for an exemption pursuant to Section...
- California Health and Safety Code Section 25208.9
(a) Notwithstanding Section 25189, any person who is required to file a hydrogeological assessment report with a regional board pursuant to Section 25208.7, and who...
- California Health and Safety Code Section 25208.10
For purposes of performing the functions and duties provided for in this article, and because of the urgency in protecting the public, the state board...
- California Health and Safety Code Section 25208.11
This article shall not be construed to limit or abridge the powers and duties granted to the department pursuant to this chapter or pursuant to...
- California Health and Safety Code Section 25208.12
Article 2 (commencing with Section 13320) of, Article 3 (commencing with Section 13330) of, and Article 4 (commencing with Section 13340) of, Chapter 5 of...
- California Health and Safety Code Section 25208.13
(a) If the regional board determines that certain mining wastes have properties so that the wastes do not pollute or threaten to pollute the waters...
- California Health and Safety Code Section 25208.14
Not later than January 1, 1987, the state board shall provide the Legislature with a report containing information regarding the number of applications for exemption...
- California Health and Safety Code Section 25208.15
(a) Notwithstanding any other provision of this article, an in-ground sump, used by a pest control operator licensed under Section 11705 of the Food and...
- California Health and Safety Code Section 25208.16
(a) A person may apply to the regional board for an exemption from subdivision (c) of Section 25208.4 for a surface impoundment into which restricted...
- California Health and Safety Code Section 25208.17
(a) Except as provided in subdivision (g), a person specified in subdivision (h) is exempt from filing the report required by Section 25208.7 if the...
- California Health and Safety Code Section 25209
The Legislature finds and declares as follows: (a) Hazardous waste discharged into land treatment units may migrate beyond the treatment zone of the land treatment...
- California Health and Safety Code Section 25209.1
For purposes of this article, the following definitions apply: (a) "Discharge" means to place or dispose hazardous wastes in a land treatment unit. (b) "Facility"...
- California Health and Safety Code Section 25209.2
(a) Except as provided in Section 25209.5, unless granted a variance pursuant to subdivision (b), or exempted pursuant to Section 25209.6, no person shall discharge...
- California Health and Safety Code Section 25209.3
Except as provided in Section 25209.5, after January 1, 1990, unless granted a variance pursuant to subdivision (b) of Section 25209.2, or exempted pursuant to...
- California Health and Safety Code Section 25209.4
(a) Except as provided in Section 25209.6, no person shall place or dispose of hazardous waste in a land treatment unit if any of the...
- California Health and Safety Code Section 25209.5
The liner, leachate collection and removal, groundwater monitoring, and vadose zone monitoring systems required by Sections 25209.2, 25209.3, and 25209.4 shall be designed, constructed, and...
- California Health and Safety Code Section 25209.6
Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous...
- California Health and Safety Code Section 25209.7
(a) Every owner or operator of a land treatment unit subject to this article shall pay an annual fee to the department which shall be...
- California Health and Safety Code Section 25209.10
The Legislature finds and declares all of the following: (a) The long-term economic and environmental sustainability of agriculture is critical to the future of the...
- California Health and Safety Code Section 25209.11
For purposes of this article, the following terms have the following meanings: (a) "Agricultural drainage water" means surface drainage water or percolated irrigation water that...
- California Health and Safety Code Section 25209.12
The state board, in consultation, as necessary, with other appropriate state agencies, shall adopt or amend emergency regulations that establish minimum requirements for the design,...
- California Health and Safety Code Section 25209.13
(a) A person who intends to operate a solar evaporator shall, before installing the solar evaporator, file a notice of intent with the regional board,...
- California Health and Safety Code Section 25209.14
(a) A person operating a solar evaporator shall submit to the regional board, in April and October of every year, all of the following information:...
- California Health and Safety Code Section 25209.15
(a) The regional board, consistent with its existing statutory authority, shall inspect any solar evaporator that is authorized to operate pursuant to Section 25209.13 at...
- California Health and Safety Code Section 25209.16
(a) For the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including...
- California Health and Safety Code Section 25209.17
Any solar evaporator operating under a valid written notice of authority to operate issued by the regional board pursuant to this article, including any facility...
- California Health and Safety Code Section 25209.18
(a) A person operating a solar evaporator pursuant to a valid notice of authority to operate shall, consistent with subdivision (f) of Section 25209.12, manage...
- California Health and Safety Code Section 25209.19
Within 30 days of an action or failure to act by a regional board pursuant to this article, an aggrieved person may petition the state...
- California Health and Safety Code Section 25210
It shall be unlawful, on or after January 1, 1979, to use a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility...
- California Health and Safety Code Section 25210.1
(a) For purposes of this section, the following definitions shall apply: (1) "Halocarbon chemicals" means chemical compounds which contain carbon, and one or more halogens,...
- California Health and Safety Code Section 25210.5
For purposes of this article, the following definitions shall apply: (a) Notwithstanding Section 25117.2, "management" means disposal, storage, packaging, processing, pumping, recovery, recycling, transportation, transfer,...
- California Health and Safety Code Section 25210.6
(a) On or before December 31, 2005, the department shall adopt regulations specifying the best management practices for a person managing perchlorate materials. These practices...
- California Health and Safety Code Section 25210.7
On and after the effective date of the regulations adopted by the department pursuant to Section 25210.6, a person may not manage perchlorate materials unless...
- California Health and Safety Code Section 25210.9
(a) Except as provided in subdivisions (e), (f), and (g), on and after January 1, 2010, a person shall not manufacture general purpose lights for...
- California Health and Safety Code Section 25210.10
(a) For purposes of this article, "general purpose lights" means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor...
- California Health and Safety Code Section 25210.12
Notwithstanding Article 8 (commencing with Section 25180), a person who violates this article shall not be subject to any criminal penalties imposed pursuant to Article...
- California Health and Safety Code Section 25211
For purposes of this article, the following terms have the following meaning: (a) "Certified appliance recycler" means a person or entity engaged in the business...
- California Health and Safety Code Section 25211.1
(a) Except as provided in subdivision (b), a person, other than a certified appliance recycler, shall not remove materials that require special handling from a...
- California Health and Safety Code Section 25211.2
(a) Except as provided in subdivision (b), a person who transports, delivers, or sells discarded major appliances to a scrap recycling facility shall provide evidence...
- California Health and Safety Code Section 25211.3
A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall retain...
- California Health and Safety Code Section 25211.4
(a) On and after January 1, 2008, a person wishing to operate as a certified appliance recycler, except a person having a certification issued before...
- California Health and Safety Code Section 25211.5
The department may adopt any regulations determined necessary to implement and enforce this article.
- California Health and Safety Code Section 25212
(a) Materials that require special handling that are contained in major appliances shall not be disposed of at a solid waste facility and shall be...
- California Health and Safety Code Section 25213
(a) To implement subdivision (c) of Section 25212, the department shall, based on reasonably available information, develop a statewide list of appliance recyclers, used appliance...
- California Health and Safety Code Section 25214
The department shall make information available upon request regarding the implementation of this article, including, but not limited to, the list of persons notified pursuant...
- California Health and Safety Code Section 25214.1
For purposes of this article, the following definitions shall apply: (a) "Body piercing jewelry" means any part of jewelry that is manufactured or sold for...
- California Health and Safety Code Section 25214.1.5
(a) This article does not do any of the following: (1) Affect a duty or other requirement otherwise imposed under federal or state law. (2)...
- California Health and Safety Code Section 25214.2
(a) A person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes jewelry for retail sale or promotional purposes in the...
- California Health and Safety Code Section 25214.3
(a) Except as provided in Sections 25214.3.3 and 25214.3.4, a person who violates this article shall not be subject to criminal penalties imposed pursuant to...
- California Health and Safety Code Section 25214.3.1
(a) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare and, at the request of...
- California Health and Safety Code Section 25214.3.2
(a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to...
- California Health and Safety Code Section 25214.3.3
A manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead or...
- California Health and Safety Code Section 25214.3.4
A manufacturer or supplier of jewelry who knowingly and with intent to deceive, falsifies any document or certificate required to be kept or produced pursuant...
- California Health and Safety Code Section 25214.3.5
(a) This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing with Section...
- California Health and Safety Code Section 25214.4
The test methods for determining compliance with this article shall be conducted using the EPA reference methods 3050B, 3051A, and 3052, as specified in EPA...
- California Health and Safety Code Section 25214.4.1
In addition to the requirements of Section 25214.4, the following procedures shall be used for testing the following materials: (a) For testing a metal plated...
- California Health and Safety Code Section 25214.4.2
The department may adopt regulations to implement this article, including, but not limited to, adopting regulations that modify the testing protocols specified in Sections 25214.4...
- California Health and Safety Code Section 25214.4.3
(a) Lead plumbing monitoring and compliance testing shall be undertaken by the department, as a part of the department's ongoing program for reducing toxic substances...
- California Health and Safety Code Section 25214.1.5
(a) This article does not do any of the following: (1) Affect a duty or other requirement otherwise imposed under federal or state law. (2)...
- California Health and Safety Code Section 25214.2
(a) A person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes jewelry for retail sale or promotional purposes in the...
- California Health and Safety Code Section 25214.3
(a) Except as provided in Sections 25214.3.3 and 25214.3.4, a person who violates this article shall not be subject to criminal penalties imposed pursuant to...
- California Health and Safety Code Section 25214.3.1
(a) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare and, at the request of...
- California Health and Safety Code Section 25214.3.2
(a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to...
- California Health and Safety Code Section 25214.3.3
A manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead or...
- California Health and Safety Code Section 25214.3.4
A manufacturer or supplier of jewelry who knowingly and with intent to deceive, falsifies any document or certificate required to be kept or produced pursuant...
- California Health and Safety Code Section 25214.3.5
(a) This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing with Section...
- California Health and Safety Code Section 25214.4
The test methods for determining compliance with this article shall be conducted using the EPA reference methods 3050B, 3051A, and 3052, as specified in EPA...
- California Health and Safety Code Section 25214.4.1
In addition to the requirements of Section 25214.4, the following procedures shall be used for testing the following materials: (a) For testing a metal plated...
- California Health and Safety Code Section 25214.4.2
The department may adopt regulations to implement this article, including, but not limited to, adopting regulations that modify the testing protocols specified in Sections 25214.4...
- California Health and Safety Code Section 25214.5
For purposes of this article, "mercury-containing motor vehicle light switch" means any motor vehicle light switch found in the hood or trunk of a motor...
- California Health and Safety Code Section 25214.6
Any mercury-containing motor vehicle light switch removed from a motor vehicle is subject to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title...
- California Health and Safety Code Section 25214.7
The department shall do all of the following: (a) Coordinate with local agencies to provide technical assistance to businesses engaged in the dismantling or crushing...
- California Health and Safety Code Section 25214.8
On or before January 1, 2004, the department shall report to the appropriate policy and fiscal committees of the Legislature on both of the following:...
- California Health and Safety Code Section 25214.8.1
(a) The Legislature finds and declares all of the following: (1) Once mercury is released into the environment it can change to methyl mercury, a...
- California Health and Safety Code Section 25214.8.2
On and after January 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury-added thermostat,...
- California Health and Safety Code Section 25214.8.3
(a) Except as provided in subdivision (b), on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional...
- California Health and Safety Code Section 25214.8.4
(a) Except as provided in subdivisions (b) to (e), inclusive, and Section 25214.8.5, on or after July 1, 2006, a person shall not sell, offer...
- California Health and Safety Code Section 25214.8.5
(a) A product containing a mercury switch or a mercury relay is exempt from subdivision (a) of Section 25214.8.4, if the manufacturer of the product,...
- California Health and Safety Code Section 25214.8.6
On or after January 1, 2008, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury diostat...
- California Health and Safety Code Section 25214.8.10
This article shall be known, and may be cited, as the Mercury Thermostat Collection Act of 2008.
- California Health and Safety Code Section 25214.8.11
For purposes of this article, the following definitions shall apply: (a) "Manufacturer" means a business concern that owns or owned a name brand of mercury-added...
- California Health and Safety Code Section 25214.8.12
(a) (1) A manufacturer shall establish and maintain a program for out-of-service mercury-added thermostats in compliance with this article. (2) A manufacturer may establish a...
- California Health and Safety Code Section 25214.8.13
Each manufacturer shall individually, or collectively with other manufacturers, do all of the following: (a) Collect, handle, and arrange for the appropriate management of out-of-service...
- California Health and Safety Code Section 25214.8.14
(a) A wholesaler that has a physical location in the state shall act as a collection location for out-of-service mercury-added thermostats. (b) A retailer or...
- California Health and Safety Code Section 25214.8.15
A contractor who installs heating, ventilation, and air-conditioning components and who removes a mercury-added thermostat shall handle the thermostat in accordance with the regulations adopted...
- California Health and Safety Code Section 25214.8.16
A person who demolishes a building shall remove any mercury-added thermostats from the building prior to demolition in accordance with all applicable regulations adopted pursuant...
- California Health and Safety Code Section 25214.8.17
(a) The department may order a manufacturer, or a group of manufacturers operating a program, to revise its program and to undertake actions to comply...
- California Health and Safety Code Section 25214.8.18
On or before March 1, 2009, a manufacturer, or a group of manufacturers operating a program, shall present to the department a survey plan and...
- California Health and Safety Code Section 25214.8.20
It is the intent of this article to provide for the collection and recycling of the maximum feasible number of out-of-service mercury-added thermostats.
- California Health and Safety Code Section 25214.9
(a) The requirements and other provisions of Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code are...
- California Health and Safety Code Section 25214.10
(a) For purposes of this section, "electronic device" has the same meaning as a "covered electronic device," as defined in Section 42463 of the Public...
- California Health and Safety Code Section 25214.10.1
(a) For purposes of this section, the following definitions shall apply: (1) "Electronic device" means a video display device, as defined in subdivision (t) of...
- California Health and Safety Code Section 25214.10.2
A regulation adopted pursuant to this article may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part...
- California Health and Safety Code Section 25214.11
(a) The Legislature finds and declares all of the following: (1) The management of solid waste can pose a wide range of hazards to public...
- California Health and Safety Code Section 25214.12
For purposes of this article, the following terms have the following meanings: (a) "Authorized official" means a representative of a manufacturer or supplier who is...
- California Health and Safety Code Section 25214.13
(a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional...
- California Health and Safety Code Section 25214.14
A package or a packaging component is exempt from the requirements of Section 25214.13, and shall be deemed in compliance with this article, if the...
- California Health and Safety Code Section 25214.15
(a) A package or packaging component qualifies for an exemption pursuant to Section 25214.14 only if the manufacturer or supplier prepares, retains, and biennially updates...
- California Health and Safety Code Section 25214.16
(a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging...
- California Health and Safety Code Section 25214.17
(a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7...
- California Health and Safety Code Section 25214.18
If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of...
- California Health and Safety Code Section 25214.19
This article does not do the following: (a) Affect a duty or other requirement imposed under federal or state law. (b) Alter or diminish a...
- California Health and Safety Code Section 25214.20
(a) The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid,...
- California Health and Safety Code Section 25214.21
The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law.
- California Health and Safety Code Section 25214.22
(a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in...
- California Health and Safety Code Section 25214.22.1
A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or packaging...
- California Health and Safety Code Section 25214.23
(a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant...
- California Health and Safety Code Section 25214.24
(a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging component,...
- California Health and Safety Code Section 25214.26
The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article.
- California Health and Safety Code Section 25215
The Legislature finds and declares all of the following: (a) There are currently 24 million motor vehicles registered in this state and each contains a...
- California Health and Safety Code Section 25215.1
For purposes of this article, the following definitions shall apply: (a) "Consumer" means every person who, for his or her use or consumption, purchases a...
- California Health and Safety Code Section 25215.2
(a) Except as provided in subdivision (b), no person shall dispose, or attempt to dispose, of a lead acid battery at a solid waste facility,...
- California Health and Safety Code Section 25215.3
(a) A dealer shall accept, when offered at the point of transfer, a lead acid battery from a consumer in exchange for the new lead...
- California Health and Safety Code Section 25215.4
The department shall, within 30 days after June 27, 1988, notify all manufacturers of lead acid batteries sold by dealers to consumers in this state...
- California Health and Safety Code Section 25215.5
Each manufacturer of lead acid batteries sold by dealers to consumers in this state shall, within 60 days after the effective date of the act...
- California Health and Safety Code Section 25215.6
(a) No person shall manufacture, sell, or install a wheel weight in California that contains more than 0.1 percent lead by weight. (b) If the...
- California Health and Safety Code Section 25215.7
(a) Any person who violates or threatens to violate the provisions of this article may be enjoined in any court of competent jurisdiction. (b) Notwithstanding...
- California Health and Safety Code Section 25216
For the purposes of this article, "batteries" means primary or secondary batteries, including nickel-cadmium, alkaline, carbon-zinc, and other batteries generated as non-RCRA waste similar in...
- California Health and Safety Code Section 25216.1
(a) Any collection location or intermediate collection location that receives, or any person that transports, spent batteries, as defined in this article, is exempt from...
- California Health and Safety Code Section 25216.2
(a) (1) This article does not apply to batteries that are disposed of on or into the land, water, or air. (2) For purposes of...
- California Health and Safety Code Section 25216.3
(a) For purposes of this section, "spent dry cell battery containing zinc electrodes" means an alkaline or zinc-carbon battery, that meets all of the following...
- California Health and Safety Code Section 25217
For the purposes of this article, the following definitions shall apply: (a) "Conditionally exempt small quantity generator" or "CESQG" means a business concern that meets...
- California Health and Safety Code Section 25217.1
No person shall dispose of, or attempt to dispose of, liquid latex paint or oil-based paint in the land or into the waters of the...
- California Health and Safety Code Section 25217.2
(a) Recyclable latex paint may be accepted at any location including, but not limited to, a permanent household hazardous waste collection facility in accordance with...
- California Health and Safety Code Section 25217.2.1
(a) A location that accepts recyclable latex paint pursuant to Section 25217.2 may also accept oil-based paint if all of the additional following conditions are...
- California Health and Safety Code Section 25217.3
(a) Notwithstanding Sections 25160 and 25163, a person may transport paint collected in accordance with this article without the use of a manifest or obtaining...
- California Health and Safety Code Section 25217.4
(a) A person may recycle recyclable latex paint at a facility which is not authorized by the department pursuant to the applicable hazardous waste facilities...
- California Health and Safety Code Section 25218
The Legislature hereby finds and declares all of the following: (a) Residential households which generate household hazardous waste and conditionally exempt small quantity generators which...
- California Health and Safety Code Section 25218.1
For purposes of this article, the following terms have the following meanings: (a) "Conditionally exempt small quantity generator" or "CESQG" means a business concern that...
- California Health and Safety Code Section 25218.2
(a) Prior to commencing operations, a public agency, or its contractor, that intends to operate a household hazardous waste collection facility shall submit the following...
- California Health and Safety Code Section 25218.3
(a) The department may authorize any household hazardous waste collection facility to accept hazardous waste from conditionally exempt small quantity generators. (b) A household hazardous...
- California Health and Safety Code Section 25218.4
Except as provided in subdivision (f) of Section 25218.5, any person who transports household hazardous waste, and any CESQG that transports hazardous waste to an...
- California Health and Safety Code Section 25218.5
(a) (1) Except as provided in paragraph (2), hazardous waste transported to a household hazardous waste collection facility shall be transported by any of the...
- California Health and Safety Code Section 25218.5.1
Notwithstanding Section 25218.5, a public agency may elect to increase the liquid volume and dry weight specified in paragraph (1) of subdivision (b) of, and...
- California Health and Safety Code Section 25218.6
The fees imposed by Article 7 (commencing with Section 25170) and Article 9.1 (commencing with Section 25205.1) do not apply to either of the following:...
- California Health and Safety Code Section 25218.7
The corrective action provisions of Section 25200.10 do not apply to a permit issued for the operation of a temporary household hazardous waste collection facility.
- California Health and Safety Code Section 25218.8
(a) Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection facility....
- California Health and Safety Code Section 25218.9
On or before October 1 of each year, a public agency, or its contractor, operating a household hazardous waste collection facility shall submit to the...
- California Health and Safety Code Section 25218.10
The department and the California Integrated Waste Management Board shall jointly develop and maintain a data base of all household hazardous waste collection events, facilities,...
- California Health and Safety Code Section 25218.11
(a) On or before March 31, 1996, the department shall develop a separate and distinct regulatory structure for the permitting of permanent household hazardous waste...
- California Health and Safety Code Section 25218.12
(a) A public agency may conduct a materials exchange program as a part of its household hazardous waste collection program if the public agency determines...
- California Health and Safety Code Section 25218.13
(a) A household hazardous waste collection facility that has a permit issued under Section 25218.8 may operate as a "home-generated sharps consolidation point," as defined...
- California Health and Safety Code Section 25219
As used in this article, the following terms have the following meaning: (a) "Federal battery management act" means the Mercury-Containing and Rechargeable Battery Management Act...
- California Health and Safety Code Section 25219.1
(a) Notwithstanding any other provision of law, including, but not limited to, any other provision of this chapter, the federal battery management act shall be...
- California Health and Safety Code Section 25219.2
Except as provided in this article, batteries not subject to regulation pursuant to Section 25219.1 shall be managed in compliance with all other requirements of...
- California Health and Safety Code Section 25220
(a) For purposes of this article, unless the context clearly requires a different meaning: (1) "Determination" means a decision by the department as to whether...
- California Health and Safety Code Section 25221
(a) Any person as owner, lessor, or lessee who (1) knows, or has probable cause to believe, that a significant disposal of hazardous waste has...
- California Health and Safety Code Section 25221.1
Whenever the department receives an application pursuant to Section 25221, it may request information pursuant to Section 25220 to determine whether the land should be...
- California Health and Safety Code Section 25222
(a) In any case where the department has obtained information which shows that a significant disposal of hazardous wastes has occurred on, under, or in...
- California Health and Safety Code Section 25222.1
(a) Notwithstanding Sections 25222, 25229, 25232, and 25233, any person may enter into an agreement with the department regarding that person's property, or a portion...
- California Health and Safety Code Section 25223
Public notice of any hearing conducted pursuant to Section 25222, or of any agreement proposed to be entered into pursuant to Section 25222.1, shall be...
- California Health and Safety Code Section 25224
The hearing shall be held before the director, or any agent or agency designated by the director for that purpose, not less than 30 days...
- California Health and Safety Code Section 25226
The persons served shall have the right to file a response to the notice and to appear in person or otherwise and give testimony at...
- California Health and Safety Code Section 25227
Discovery for a hearing held pursuant to this article shall be conducted as provided in Sections 11507.6, 11507.7, 11510, and 11511 of the Government Code.
- California Health and Safety Code Section 25228
(a) With regard to designating land as a hazardous waste property, the department shall have the burden of proving that hazardous waste has been deposited...
- California Health and Safety Code Section 25229
(a) If, after the hearing, the director makes the decision that the subject land should not be designated a hazardous waste property or border zone...
- California Health and Safety Code Section 25230
(a) Upon a decision that the subject land shall be designated as hazardous waste property or border zone property pursuant to Section 25229, the director...
- California Health and Safety Code Section 25231
A decision of the director made pursuant to Section 25229 shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure.
- California Health and Safety Code Section 25232
(a) Except as provided in subdivision (c) of this section, after the director has provided notice in compliance with Section 25222 and a hearing or...
- California Health and Safety Code Section 25233
(a) Any aggrieved person may apply to the department for a written variance from a land use restriction, including the requirements set forth in subdivision...
- California Health and Safety Code Section 25234
(a) Any aggrieved person may apply to the department to remove a land use restriction, including a designation that the land is a hazardous waste...
- California Health and Safety Code Section 25235
The department shall record within 10 days any final written instrument made pursuant to Section 25222.1 or 25230 with the county recorder of the county...
- California Health and Safety Code Section 25236
(a) Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue feasible civil and criminal actions against any operator...
- California Health and Safety Code Section 25237
If any provision of this article or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions...
- California Health and Safety Code Section 25239
All costs associated with the administration of this article by the department, including, but not limited to, costs incurred to implement Section 25156 and 25220,...
- California Health and Safety Code Section 25240
An assessor shall consider any restrictive easement, covenant, restriction, or servitude adopted pursuant to Section 25202.5, 25222.1, or 25355.5 or any easement, covenant, restriction, or...
- California Health and Safety Code Section 25241
The provisions of this article shall not apply to hazardous waste property as defined in paragraph (1) of subdivision (a) of Section 25117.3. Such property...
- California Health and Safety Code Section 25242
(a) Any city, county, or state agency which, as owner, lessor, or lessee, knows or has probable cause to believe that a disposal of hazardous...
- California Health and Safety Code Section 25242.1
It is the intention of the Legislature, in enacting this article, to protect the public health and safety and the environment by requiring all of...
- California Health and Safety Code Section 25242.2
Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue all feasible civil and criminal actions against the owner...
- California Health and Safety Code Section 25242.3
If any provision of this article or the application thereof to any person or circumstance is held invalid, this holding shall not affect other provisions...
- California Health and Safety Code Section 25244
This article shall be known and may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985.
- California Health and Safety Code Section 25244.1
(a) The Legislature hereby finds and declares that, whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible,...
- California Health and Safety Code Section 25244.2
For purposes of this article, "hazardous waste reduction, recycling, and treatment technologies" mean technologies and techniques which have, as their primary purpose, the reduced generation...
- California Health and Safety Code Section 25244.4
Every generator of hazardous waste shall submit a report to the department, at least once every two years, reporting the changes in volume and toxicity...
- California Health and Safety Code Section 25244.5
(a) The department shall establish a Hazardous Waste Technology, Research, Development, and Demonstration Program, which shall consist of all of the following elements: (1) Contracting...
- California Health and Safety Code Section 25244.6
The department, in consultation with the State Water Resources Control Board, the State Air Resources Board, and the California Waste Management Board, shall do all...
- California Health and Safety Code Section 25244.7
Consistent with Article VII of the California Constitution, the department may contract for services to be performed to carry out this article, including, but not...
- California Health and Safety Code Section 25244.8
Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to projects selected pursuant to Section...
- California Health and Safety Code Section 25244.9
The department shall compile the results of all evaluations of projects funded by step IV grants, as specified in subdivision (d) of Section 25244.8, or...
- California Health and Safety Code Section 25244.10
The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling,...
- California Health and Safety Code Section 25244.11
The department shall, report to the Governor and the Legislature, including the Chairpersons of the Senate Committee on Appropriations, Assembly Committee on Ways and Means,...
- California Health and Safety Code Section 25244.12
This article shall be known and may be cited as the Hazardous Waste Source Reduction and Management Review Act of 1989.
- California Health and Safety Code Section 25244.13
The Legislature finds and declares as follows: (a) Existing law requires the department and the State Water Resources Control Board to promote the reduction of...
- California Health and Safety Code Section 25244.14
For purposes of this article, the following definitions apply: (a) "Advisory committee" means the California Source Reduction Advisory Committee established pursuant to Section 25244.15.1. (b)...
- California Health and Safety Code Section 25244.15
(a) The department shall establish a program for hazardous waste source reduction pursuant to this article. (b) The department shall coordinate the activities of all...
- California Health and Safety Code Section 25244.15.1
(a) The California Source Reduction Advisory Committee is hereby created and consists of the following members: (1) The Executive Director of the State Air Resources...
- California Health and Safety Code Section 25244.16
The department shall do both of the following: (a) Adopt a format to be used by generators for completing the review and plan required by...
- California Health and Safety Code Section 25244.17
The department shall establish a technical and research assistance program to assist generators in identifying and applying methods of source reduction and other hazardous waste...
- California Health and Safety Code Section 25244.17.1
The department shall establish a technical assistance and outreach program to promote implementation of model source reduction measures in priority industry categories. (a) Every two...
- California Health and Safety Code Section 25244.17.2
The department shall expand the department's source reduction program to provide source reduction training and resources to CUPAs, small business development corporations, business environmental assistance...
- California Health and Safety Code Section 25244.18
(a) On or before September 15, 1991, and every two years thereafter, the department shall select at least two categories of generators by SIC Code...
- California Health and Safety Code Section 25244.19
(a) On or before September 1, 1991, and every four years thereafter, each generator shall conduct a source reduction evaluation review and plan pursuant to...
- California Health and Safety Code Section 25244.20
(a) On or before September 1, 1991, and every four years thereafter, each generator shall prepare a hazardous waste management performance report documenting hazardous waste...
- California Health and Safety Code Section 25244.21
(a) Every generator shall retain the original of the current review and plan and report, shall maintain a copy of the current review and plan...
- California Health and Safety Code Section 25244.22
Commencing May 1, 2000, and on or before January 15 of every other year thereafter, the department shall prepare, and make available for public review...
- California Health and Safety Code Section 25244.23
(a) (1) The department shall adopt regulations to ensure that trade secrets designated by a generator in all or a portion of the review and...
- California Health and Safety Code Section 25244.24
(a) For purposes of this section the following definitions shall apply: (1) "Program" means the voluntary program to reduce hazardous waste generation established by this...
- California Health and Safety Code Section 25245
(a) The department shall adopt, and revise when appropriate, standards and regulations which shall do both of the following: (1) Specify the financial assurances to...
- California Health and Safety Code Section 25245.4
(a) (1) (A) On and before September 30, 1996, a facility or transportable treatment unit operating pursuant to a permit-by-rule is exempt from any standard...
- California Health and Safety Code Section 25246
(a) Each owner or operator of a hazardous waste facility shall submit hazardous waste facility closure and postclosure plans to the department and to the...
- California Health and Safety Code Section 25247
(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with...
- California Health and Safety Code Section 25248
The owner or operator of a facility for which closure and postclosure plans have been approved shall carry out the plans during the closure and...
- California Health and Safety Code Section 25249
On the effective date of this article, any operator subject to former Division 7.5 (commencing with Section 14000) of the Water Code shall be subject...
- California Health and Safety Code Section 25249.1
For the purposes of this article, the following definitions shall apply: (a) "Management" means disposal, storage, packaging, processing, pumping, recovery, recycling, transportation, transfer, treatment, use,...
- California Health and Safety Code Section 25249.2
On or before July 1, 2004, the owner or operator of a perchlorate facility, located within a 5-mile radius of a public drinking water well...
- California Health and Safety Code Section 25250
(a) The Legislature finds that almost 100 million gallons of used oil is generated each year in the state; that this oil is a valuable...
- California Health and Safety Code Section 25250.1
(a) As used in this article, the following terms have the following meaning: (1) (A) "Used oil" means all of the following: (i) Oil that...
- California Health and Safety Code Section 25250.3
Any virgin oil product or partially refined product, which has not been previously used, which has become contaminated with nonhazardous impurities such as dirt or...
- California Health and Safety Code Section 25250.4
(a) Used oil shall be managed as a hazardous waste in accordance with the requirements of this chapter, unless one of the following applies: (1)...
- California Health and Safety Code Section 25250.5
(a) The disposal of used oil by discharge to sewers, drainage systems, surface water or groundwater, watercourses, or marine waters; by incineration or burning as...
- California Health and Safety Code Section 25250.7
(a) Except as provided in subdivision (b) or (c), no person who generates, stores, or transfers used oil shall intentionally contaminate used oil with other...
- California Health and Safety Code Section 25250.9
(a) (1) Except as provided in subdivision (b), a hazardous waste transporter who transports used oil shall provide a written notification in the form below...
- California Health and Safety Code Section 25250.10
Every registered hazardous waste hauler who transports used oil shall report to the department, on or before March 1 of each year, the following information...
- California Health and Safety Code Section 25250.11
(a) Any person who receives used oil from consumers or other used oil generators, is exempt from hazardous waste facilities permit requirements imposed pursuant to...
- California Health and Safety Code Section 25250.12
Used oil generated during maintenance operations may be transferred from its point of generation to the maintenance person's place of business, other than a residence,...
- California Health and Safety Code Section 25250.13
Notwithstanding any provision of this chapter, a transfer facility, as defined in paragraph (3) of subdivision (a) of Section 25123.3, that accepts used oil and...
- California Health and Safety Code Section 25250.15
(a) Any person operating a refuse removal vehicle or a curbside collection vehicle used to collect or transport used oil which has been generated as...
- California Health and Safety Code Section 25250.16
(a) No person may recycle used oil without obtaining authorization from the department pursuant to Section 25200 or 25200.5, or unless exempted pursuant to Section...
- California Health and Safety Code Section 25250.17
(a) Unless the facility meets the requirements of Section 25250.11, each used oil recycling, storage, or transfer facility shall submit a report, on or before...
- California Health and Safety Code Section 25250.18
(a) Any person who transports recycled oil or oil exempted pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall maintain with each shipment...
- California Health and Safety Code Section 25250.19
(a) (1) A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to...
- California Health and Safety Code Section 25250.20
Any person whose permit or registration has been revoked may not apply for a new or renewed permit or registration for a period of one...
- California Health and Safety Code Section 25250.21
Any person whose permit or registration has been revoked may not serve in the employ of a hazardous waste hauler or used oil recycler during...
- California Health and Safety Code Section 25250.22
(a) Notwithstanding any other provision of state law, and to the extent consistent with the federal act, a filter that contains a residue of gasoline...
- California Health and Safety Code Section 25250.23
Any person who transports used oil shall register as a hazardous waste hauler and, unless specifically exempted or unless the used oil is not regulated...
- California Health and Safety Code Section 25250.24
(a) Except as provided in subdivision (b), any person who generates, receives, stores, transfers, transports, treats, or recycles used oil, unless specifically exempted or unless...
- California Health and Safety Code Section 25250.25
(a) Any person who manufactures containers which are produced specifically for the noncommercial storage or transportation of used oil and which are sold in this...
- California Health and Safety Code Section 25250.26
(a) Every generator of used oil, other than the owner or operator of a used oil collection center, as defined in Section 48622 of the...
- California Health and Safety Code Section 25250.27
(a) Nothing in this article prohibits a generator from managing and transporting used oil, to the extent consistent with federal law, in accordance with Sections...
- California Health and Safety Code Section 25250.28
(a) For purposes of this section, "automated onboard oil management system" means a system designed to extend the intervals between necessary oil changes and diminish...
- California Health and Safety Code Section 25250.29
(a) Except as provided in subdivisions (b) and (g), before a load of used oil is shipped to a transfer facility, recycling facility, or facility...
- California Health and Safety Code Section 25250.30
A used oil recycling facility located out of state that is registered or certified in accordance with Section 48662 of the Public Resources Code may...
- California Health and Safety Code Section 25250.50
For purposes of this article, the following definitions shall apply: (a) (1) "Advisory committee" means a committee of nine members appointed by the secretary on...
- California Health and Safety Code Section 25250.51
(a) On and after January 1, 2014, any motor vehicle brake friction materials containing any of the following constituents in an amount that exceeds the...
- California Health and Safety Code Section 25250.52
On and after January 1, 2021, any motor vehicle brake friction materials exceeding 5 percent copper by weight shall not be sold in this state,...
- California Health and Safety Code Section 25250.53
On and after January 1, 2025, any motor vehicle brake friction materials exceeding 0.5 percent copper by weight shall not be sold in this state,...
- California Health and Safety Code Section 25250.54
(a) (1) On and after January 1, 2019, a manufacturer may apply to the department for a one-year, two-year, or three-year extension of the January...
- California Health and Safety Code Section 25250.55
Brake friction materials for the following motor vehicle classes are exempt from this article: (a) Military tactical support vehicles. (b) Vehicles employing internal closed oil...
- California Health and Safety Code Section 25250.56
(a) In developing new formulations to comply with Sections 25250.52 and 25250.53, a manufacturer of vehicle brake friction materials shall screen potential alternatives to the...
- California Health and Safety Code Section 25250.60
(a) The department shall consult with the brake friction materials manufacturing industry in the development of all criteria for testing and marking brake friction materials...
- California Health and Safety Code Section 25250.62
(a) A violation of this article by a vehicle manufacturer, a vehicle brake friction materials manufacturer, a distributor, or a retailer, shall be subject to...
- California Health and Safety Code Section 25250.64
(a) The Brake Friction Materials Water Pollution Fund is hereby established in the State Treasury. Notwithstanding Section 25192, all fines and penalties collected by the...
- California Health and Safety Code Section 25250.65
(a) On or before January 1, 2023, the department and the board shall submit to the Governor and the Legislature, in compliance with Section 9795...
- California Health and Safety Code Section 25251
For purposes of this article, the following definitions shall apply: (a) "Clearinghouse" means the Toxics Information Clearinghouse established pursuant to Section 25256. (b) "Council" means...
- California Health and Safety Code Section 25252
(a) On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients...
- California Health and Safety Code Section 25252.5
(a) Except as provided in subdivision (f), the department, in adopting the regulations pursuant to Sections 25252 and 25253, shall prepare a multimedia life cycle...
- California Health and Safety Code Section 25253
(a) (1) On or before January 1, 2011, the department shall adopt regulations pursuant to this section that establish a process for evaluating chemicals of...
- California Health and Safety Code Section 25254
(a) In implementing this article, the department shall establish a Green Ribbon Science Panel. The panel shall be composed of members whose expertise shall encompass...
- California Health and Safety Code Section 25255
The panel may take any of the following actions: (a) Advise the department and the council on scientific and technical matters in support of the...
- California Health and Safety Code Section 25256
The department shall establish the Toxics Information Clearinghouse, which shall provide a decentralized, Web-based system for the collection, maintenance, and distribution of specific chemical hazard...
- California Health and Safety Code Section 25256.1
On or before January 1, 2011, the office shall evaluate and specify the hazard traits and environmental and toxicological end-points and any other relevant data...
- California Health and Safety Code Section 25256.2
(a) The department shall develop requirements and standards related to the design of the clearinghouse and data quality and test methods that govern the data...
- California Health and Safety Code Section 25256.3
The department shall consult with other states, the federal government, and other nations to identify available data related to hazard traits and environmental and toxicological...
- California Health and Safety Code Section 25257
(a) A person providing information pursuant to this article may, at the time of submission, identify a portion of the information submitted to the department...
- California Health and Safety Code Section 25257.1
(a) This article does not limit and shall not be construed to limit the department's or any other department's or agency's existing authority over hazardous...
- California Health and Safety Code Section 25258
(a) A person shall not manufacture, sell, offer for sale, or offer for promotional purposes in this state glass beads that contain 75 parts per...
- California Health and Safety Code Section 25258.1
This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing with Section 25251),...
- California Health and Safety Code Section 25258.2
This article shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is...
- California Health and Safety Code Section 25249.5
Prohibition On Contaminating Drinking Water With Chemicals Known to Cause Cancer or Reproductive Toxicity. No person in the course of doing business shall knowingly discharge...
- California Health and Safety Code Section 25249.6
Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingly and intentionally...
- California Health and Safety Code Section 25249.7
(a) Any person that violates or threatens to violate Section 25249.5 or 25249.6 may be enjoined in any court of competent jurisdiction. (b) (1) Any...
- California Health and Safety Code Section 25249.8
List Of Chemicals Known to Cause Cancer Or Reproductive Toxicity. (a) On or before March 1, 1987, the Governor shall cause to be published a...
- California Health and Safety Code Section 25249.9
Exemptions from Discharge Prohibition. (a) Section 25249.5 shall not apply to any discharge or release that takes place less than twenty months subsequent to the...
- California Health and Safety Code Section 25249.10
Exemptions from Warning Requirement. Section 25249.6 shall not apply to any of the following: (a) An exposure for which federal law governs warning in a...
- California Health and Safety Code Section 25249.11
Definitions. For purposes of this chapter: (a) "Person" means an individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, and association. (b)...
- California Health and Safety Code Section 25249.12
(a) The Governor shall designate a lead agency and other agencies that may be required to implement this chapter, including this section. Each agency so...
- California Health and Safety Code Section 25249.13
Preservation Of Existing Rights, Obligations, and Penalties. Nothing in this chapter shall alter or diminish any legal obligation otherwise required in common law or by...
- California Health and Safety Code Section 25260
The definitions set forth in this section shall govern the interpretation of this chapter. Unless the context requires otherwise and except as provided in this...
- California Health and Safety Code Section 25261
(a) There is within the California Environmental Protection Agency a Site Designation Committee. The membership of the committee consists of the following six persons: (1)...
- California Health and Safety Code Section 25262
(a) A responsible party for a hazardous materials release site may request the committee at any time to designate an administering agency to oversee a...
- California Health and Safety Code Section 25263
(a) Any agency, including the administering agency, may request the committee at any time to convene an advisory team for the purpose of providing the...
- California Health and Safety Code Section 25264
(a) The administering agency for a hazardous materials release site shall supervise all aspects of a site investigation and remedial action conducted by the responsible...
- California Health and Safety Code Section 25265
(a) Any agency may petition the chairperson of the committee at any time to review any of the following: (1) The manner in which the...
- California Health and Safety Code Section 25266
The responsible party for a hazardous materials release site may, with the approval of the administering agency, terminate the application of this chapter to the...
- California Health and Safety Code Section 25267
If, at any time after site investigation or remedial action at a hazardous materials release site has begun, the administering agency determines that the information...
- California Health and Safety Code Section 25268
Nothing in this chapter shall be construed as infringing on the right of any agency to obtain from the administering agency for a site the...
- California Health and Safety Code Section 25269
The Legislature hereby finds and declares all of the following: (a) To enhance cooperation between the department and the regulated community, and to reduce the...
- California Health and Safety Code Section 25269.1
For purposes of this article, the following terms have the following meaning: (a) "Department" means the Department of Toxic Substances Control. (b) "Direct oversight costs"...
- California Health and Safety Code Section 25269.2
(a) The department shall comply with this chapter when recovering oversight costs for corrective action pursuant to Chapter 6.5 (commencing with Section 25100), for removal...
- California Health and Safety Code Section 25269.3
The department shall take the following actions with regard to the tracking of indirect oversight costs: (a) Ensure that pro rata costs are allocated appropriately...
- California Health and Safety Code Section 25269.4
(a) The department shall establish rates for indirect oversight costs that are specific to each program and shall review and update the indirect cost rates...
- California Health and Safety Code Section 25269.5
The department shall take the following actions with regard to the department's relationship with the parties who are performing the investigation and cleanup of the...
- California Health and Safety Code Section 25269.6
The department shall adopt a billing system for oversight costs which meets all of the following criteria: (a) Invoices shall be issued within 60 days...
- California Health and Safety Code Section 25269.8
The department shall take all of the following actions with regard to uncollectible accounts: (a) Review all current outstanding receivables and make an appropriate adjustment...
- California Health and Safety Code Section 25270
This chapter shall be known and may be cited as the Aboveground Petroleum Storage Act.
- California Health and Safety Code Section 25270.2
For purposes of this chapter, the following definitions apply: (a) "Aboveground storage tank" or "storage tank" means a tank that has the capacity to store...
- California Health and Safety Code Section 25270.3
A tank facility is subject to this chapter if the tank facility is subject to the oil pollution prevention regulations specified in Part 112 (commencing...
- California Health and Safety Code Section 25270.4
This chapter shall be implemented by the Unified Program Agency. If there is no UPA, the agency authorized pursuant to subdivision (f) of Section 25404.3...
- California Health and Safety Code Section 25270.4.5
(a) Except as provided in subdivision (b), each owner or operator of a storage tank at a tank facility subject to this chapter shall prepare...
- California Health and Safety Code Section 25270.5
(a) Except as provided in subdivision (b), at least once every three years, the UPA shall inspect each storage tank or a representative sampling of...
- California Health and Safety Code Section 25270.6
(a) (1) On or before January 1, 2009, and on or before January 1 annually thereafter, each owner or operator of a tank facility subject...
- California Health and Safety Code Section 25270.8
Each owner or operator of a tank facility shall immediately, upon discovery, notify the California Emergency Management Agency and the UPA using the appropriate 24-hour...
- California Health and Safety Code Section 25270.9
(a) The board and the regional board may oversee cleanup or abatement efforts, or cause cleanup or abatement efforts, of a release from a storage...
- California Health and Safety Code Section 25270.11
(a) All moneys in the Environmental Protection Trust Fund may be expended, upon appropriation by the Legislature, in the following manner: (1) A portion of...
- California Health and Safety Code Section 25270.12
(a) Any owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a)...
- California Health and Safety Code Section 25270.13
(a) This chapter does not preempt local storage tank ordinances, in effect as of August 16, 1989, that meet or exceed the standards prescribed by...
- California Health and Safety Code Section 25280
(a) The Legislature finds and declares as follows: (1) Substances hazardous to the public health and safety and to the environment are stored prior to...
- California Health and Safety Code Section 25280.5
The Legislature finds and declares all of the following: (a) Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United...
- California Health and Safety Code Section 25280.6
Either the owner or operator of an underground storage tank may comply with the requirements of this chapter that apply to the owner or operator...
- California Health and Safety Code Section 25281
For purposes of this chapter, the following definitions apply: (a) "Automatic line leak detector" means any method of leak detection, as determined in regulations adopted...
- California Health and Safety Code Section 25281.5
(a) Notwithstanding subdivision (m) of Section 25281, for purposes of this chapter "pipe" means all parts of any pipeline or system of pipelines, used in...
- California Health and Safety Code Section 25281.6
(a) A tank located in a below-grade structure and connected to an emergency generator tank system, as defined in subdivision (c) of Section 25281.5, is...
- California Health and Safety Code Section 25282
(a) The department shall compile a comprehensive master list of hazardous substances. The master list shall be made available to the public and mailed to...
- California Health and Safety Code Section 25283
(a) (1) This chapter shall be implemented, pursuant to the regulations adopted by the board, by one of the following: (A) If there is a...
- California Health and Safety Code Section 25283.1
This chapter does not prohibit any county from entering into a joint powers agreement with other counties for the purposes of enforcing this chapter.
- California Health and Safety Code Section 25283.5
(a) An underground storage tank that meets all of the following criteria is exempt from the requirements of this chapter: (1) All exterior surfaces of...
- California Health and Safety Code Section 25284
(a) (1) Except as provided in subdivision (c), no person may own or operate an underground storage tank unless a permit for its operation has...
- California Health and Safety Code Section 25284.1
(a) The board shall take all of the following actions with regard to the prevention of unauthorized releases from petroleum underground storage tanks: (1) On...
- California Health and Safety Code Section 25284.2
The owner or operator of an underground storage tank with a spill containment structure designed to prevent a release in the event of a spill...
- California Health and Safety Code Section 25284.4
(a) All tank integrity tests required by this chapter or pursuant to any local ordinance in compliance with Section 25299.1 shall be performed only by,...
- California Health and Safety Code Section 25285
(a) Except as provided in Section 25285.1, a permit to operate issued by the local agency pursuant to Section 25284 shall be effective for five...
- California Health and Safety Code Section 25285.1
(a) A local agency may revoke or modify a permit issued pursuant to Section 25284 for cause, including, but not limited to, any of the...
- California Health and Safety Code Section 25286
(a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner or...
- California Health and Safety Code Section 25287
(a) Except as provided in subdivision (c), a fee shall be paid to the local agency by each person who submits an application for a...
- California Health and Safety Code Section 25288
(a) The local agency shall inspect every underground tank system within its jurisdiction at least once every year. The purpose of the inspection is to...
- California Health and Safety Code Section 25289
(a) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any duly authorized representative of the local agency, the...
- California Health and Safety Code Section 25290
(a) "Trade secrets," as used in this chapter, includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data,...
- California Health and Safety Code Section 25290.1
(a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, "product tight" means impervious to the liquid and vapor of the substance that...
- California Health and Safety Code Section 25290.1.1
(a) (1) On the effective date of the act adding this section and for 179 days thereafter, a local agency shall only issue a notice...
- California Health and Safety Code Section 25290.1.2
(a) The board and the State Air Resources Board, under the direction of the California Environmental Protection Agency, shall certify to the best of their...
- California Health and Safety Code Section 25290.2
(a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, "product tight" means impervious to the liquid and vapor of the substance that...
- California Health and Safety Code Section 25291
Every underground storage tank installed after January 1, 1984, shall meet all of the following requirements: (a) The underground storage tank shall be designed and...
- California Health and Safety Code Section 25292
For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances, the following actions shall be...
- California Health and Safety Code Section 25292.1
All underground tank systems shall meet the following operational requirements: (a) The underground tank system shall be operated to prevent unauthorized releases, including spills and...
- California Health and Safety Code Section 25292.2
(a) All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties...
- California Health and Safety Code Section 25292.3
(a) Upon the discovery of a significant violation of any requirement in this chapter that poses an imminent threat to human health or safety or...
- California Health and Safety Code Section 25292.4
(a) On and after November 1, 2000, an owner or operator of an underground storage tank system with a single-walled component that is located within...
- California Health and Safety Code Section 25292.5
(a) On or before January 1, 2005, the owner or operator of an underground storage tank system that is located within 1,000 feet of a...
- California Health and Safety Code Section 25293
The owner or operator of the underground tank system shall monitor the tank system using the method specified on the permit for the tank system....
- California Health and Safety Code Section 25294
Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should...
- California Health and Safety Code Section 25295
(a) (1) An unauthorized release that escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of...
- California Health and Safety Code Section 25295.5
(a) For purposes of this chapter, an unauthorized release includes, but is not limited to, a spill or overfill of a hazardous substance that meets...
- California Health and Safety Code Section 25296
(a) If there has been any unauthorized release, as defined in Section 25294 or subdivision (a) of Section 25295, from an underground storage tank containing...
- California Health and Safety Code Section 25296.09
(a) (1) If the board enters into an agreement with a local agency and the Santa Clara Valley Water District pursuant to subdivision (j) of...
- California Health and Safety Code Section 25296.10
(a) Each owner, operator, or other responsible party shall take corrective action in response to an unauthorized release in compliance with this chapter and the...
- California Health and Safety Code Section 25296.15
(a) No closure letter shall be issued pursuant to this chapter unless all of the following conditions are met: (1) The soil or groundwater, or...
- California Health and Safety Code Section 25296.20
(a) The local agency, the board, or a regional board shall not consider corrective action or site closure proposals from the primary or active responsible...
- California Health and Safety Code Section 25296.25
(a) (1) Unless the board, in consultation with local agencies and the regional board, determines that a site is an emergency site, the board, at...
- California Health and Safety Code Section 25296.30
(a) The board, in consultation with the State Department of Health Services, shall develop guidelines for the investigation and cleanup of methyl tertiary-butyl ether (MTBE)...
- California Health and Safety Code Section 25296.35
(a) The board shall develop, implement, and maintain a system for storing and retrieving data from cases involving discharges of petroleum from underground storage tanks...
- California Health and Safety Code Section 25296.40
(a) (1) Any owner or operator, or other responsible party who has an underground storage tank case and who believes that the corrective action plan...
- California Health and Safety Code Section 25297
The local agency may request the following agencies to utilize that agency's authority to remedy the effects of, and remove, any hazardous substance which has...
- California Health and Safety Code Section 25297.1
(a) In addition to the authority granted to the board pursuant to Division 7 (commencing with Section 13000) of the Water Code and to the...
- California Health and Safety Code Section 25297.15
(a) (1) The local agency shall not consider cleanup or site closure proposals from the primary or active responsible party, issue a closure letter, or...
- California Health and Safety Code Section 25297.2
Any local agency which performs, or causes to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of...
- California Health and Safety Code Section 25297.3
(a) The Leaking Underground Storage Tank Cost Recovery Fund is hereby created in the General Fund and the money in the fund may be expended,...
- California Health and Safety Code Section 25298
(a) No person shall abandon an underground tank system or close or temporarily cease operating an underground tank system, except as provided in this section....
- California Health and Safety Code Section 25298.5
The analysis of any material that is required to demonstrate compliance with this chapter or Chapter 6.75 (commencing with Section 25299.10) shall be performed by...
- California Health and Safety Code Section 25299
(a) Any operator of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars ($500) or more...
- California Health and Safety Code Section 25299.01
When any person has engaged in, is engaged in, or is about to engage in any acts or practices which violate this chapter, or Chapter...
- California Health and Safety Code Section 25299.02
Every civil action brought under this chapter shall be brought by the city attorney, the district attorney, or the Attorney General in the name of...
- California Health and Safety Code Section 25299.03
Any civil action brought pursuant to this chapter shall be brought in the county in which the violation occurred, the county in which the principal...
- California Health and Safety Code Section 25299.04
In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not...
- California Health and Safety Code Section 25299.1
(a) Any city or county which prior to January 1, 1984, adopted an ordinance which, at a minimum, met the requirements set forth in Sections...
- California Health and Safety Code Section 25299.2
(a) Except as provided in subdivision (a) of Section 25299.4, this chapter does not preclude or deny the right of a local agency to adopt...
- California Health and Safety Code Section 25299.3
(a) The board shall adopt regulations implementing this chapter. (b) Every city and county shall undertake its regulatory responsibilities under this chapter. Except as provided...
- California Health and Safety Code Section 25299.4
(a) (1) Any local agency may apply to the board for authority to implement design and construction standards for the containment of a hazardous substance...
- California Health and Safety Code Section 25299.5
(a) This chapter shall be construed to assure consistency with the requirements for state programs implementing the federal act. (b) This chapter shall not be...
- California Health and Safety Code Section 25299.6
An owner or operator who is required to prepare an accident or spill prevention plan or response plan pursuant to this chapter or pursuant to...
- California Health and Safety Code Section 25299.7
(a) The board is designated as the lead agency in the state for all purposes stated in the federal act and may exercise any powers...
- California Health and Safety Code Section 25299.8
The repeal and addition of Section 25292.3 and the amendment of Section 25284 by the act adding this section during the 2002 portion of the...
- California Health and Safety Code Section 25299.10
(a) This chapter shall be known, and may be cited, as the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989. (b) The...
- California Health and Safety Code Section 25299.11
Unless the context indicates otherwise, the definitions in this article govern the construction of this chapter.
- California Health and Safety Code Section 25299.11.5
"Adjudicative proceeding" has the same meaning as defined in Section 11405.20 of the Government Code.
- California Health and Safety Code Section 25299.12
"Bodily injury" has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States...
- California Health and Safety Code Section 25299.13
"Claim" means a submittal to the fund for the reimbursement of costs incurred due to an occurrence. A claim consists of several documents, including, but...
- California Health and Safety Code Section 25299.14
"Corrective action" includes, but is not limited to, evaluation and investigation of an unauthorized release, initial corrective actions measures, as specified in the federal act,...
- California Health and Safety Code Section 25299.15
"Environmental impairment liability insurance" means liability insurance against liability for bodily injury, as defined in Section 25299.12, and for property damage, as defined in Section...
- California Health and Safety Code Section 25299.16
"Federal act" means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous...
- California Health and Safety Code Section 25299.17
"Fund" means the Underground Storage Tank Cleanup Fund created pursuant to Section 25299.50.
- California Health and Safety Code Section 25299.18
"MTBE" means methyl tertiary-butyl ether.
- California Health and Safety Code Section 25299.19
"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in an unauthorized release of petroleum from an underground storage tank. Unauthorized...
- California Health and Safety Code Section 25299.20
"Operator" means any person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum. "Operator" includes any city,...
- California Health and Safety Code Section 25299.21
"Owner" means the owner of an underground storage tank containing petroleum. "Owner" includes any city, county, or district, or any agency or department thereof, but...
- California Health and Safety Code Section 25299.22
"Petroleum" means crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and...
- California Health and Safety Code Section 25299.23
"Property damage" has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States...
- California Health and Safety Code Section 25299.23.1
(a) "Site" means the parcel of real property at which an underground storage tank is located. (b) If underground storage tanks are located at adjacent...
- California Health and Safety Code Section 25299.24
"Tank," "underground storage tank," "underground tank system," and "tank system" have the same meaning as defined in Chapter 6.7 (commencing with Section 25280), except as...
- California Health and Safety Code Section 25299.25
For purposes of this chapter, "board," "regional board," "local agency," "person," "unauthorized release," and "facility" shall have the same meanings as defined in Section 25281....
- California Health and Safety Code Section 25299.30
Every owner and operator shall comply with Section 25299.31 at the time prescribed in the federal act for the establishment and maintaining of financial responsibility...
- California Health and Safety Code Section 25299.31
(a) Every owner and operator shall establish and maintain evidence of financial responsibility, as provided in this article, for taking corrective action and compensating third...
- California Health and Safety Code Section 25299.32
(a) (1) Claimants who meet the qualifications of paragraph (1) of subdivision (b) of Section 25299.52 shall be deemed in compliance with Section 25299.31 if...
- California Health and Safety Code Section 25299.33
(a) An owner and operator subject to Section 25299.30 may establish evidence of financial responsibility pursuant to this article by any one or more of...
- California Health and Safety Code Section 25299.34
(a) The total liability of any guarantor under this chapter is limited to the aggregate amount which the guarantor has provided as evidence of financial...
- California Health and Safety Code Section 25299.36
The board, a regional board, or a local agency may undertake or contract for corrective action in response to an unauthorized release from an underground...
- California Health and Safety Code Section 25299.38
(a) The local agency, the board, or the regional board shall advise and work with the owner, operator, or other responsible party on the opportunity...
- California Health and Safety Code Section 25299.39.2
(a) (1) The manager responsible for the fund shall notify tank owners or operators who have an active letter of commitment that has been in...
- California Health and Safety Code Section 25299.39.3
The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party...
- California Health and Safety Code Section 25299.40
The Legislature hereby declares that the storage fees imposed by this article do not constitute a tax and are not collected for purposes of increasing...
- California Health and Safety Code Section 25299.41
For purposes of implementing this chapter, every owner of an underground storage tank for which a permit is required pursuant to Section 25284 shall pay...
- California Health and Safety Code Section 25299.42
(a) The State Board of Equalization may adopt regulations to carry out Section 25299.41, including, but not limited to, provisions governing collections, reporting, refunds, and...
- California Health and Safety Code Section 25299.43
(a) To implement the changes to this chapter made by Chapter 1191 of the Statutes of 1994, and consistent with Section 25299.40, effective January 1,...
- California Health and Safety Code Section 25299.50
(a) The Underground Storage Tank Cleanup Fund is hereby created in the State Treasury. The money in the fund may be expended by the board,...
- California Health and Safety Code Section 25299.50.2
(a) The Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund is hereby established in the State Treasury. (b) (1) Except as provided in paragraph...
- California Health and Safety Code Section 25299.50.3
(a) For purposes of this section, "school district" means a school district as defined in Section 80 of the Education Code, or a county office...
- California Health and Safety Code Section 25299.50.4
(a) It is the intent of the Legislature that the board and the Department of Toxic Substances Control, using information gathered and reported pursuant to...
- California Health and Safety Code Section 25299.50.5
Upon the repeal of Section 25299.50.3, all moneys in the School District Account and all moneys due that account shall revert to, and accrue to...
- California Health and Safety Code Section 25299.51
The board may expend the money in the fund for all the following purposes: (a) In addition to the purposes specified in subdivisions (c), (d),...
- California Health and Safety Code Section 25299.51.2
Within 90 days of the completion of any independent program audit or fiscal audit of the fund, the board shall post the results of the...
- California Health and Safety Code Section 25299.52
(a) The board shall adopt a priority ranking list at least annually for awarding claims pursuant to Section 25299.57 or 25299.58. Any owner or operator...
- California Health and Safety Code Section 25299.53
(a) A regional board or a local agency taking, or contracting for, corrective action pursuant to subdivision (f) of Section 25296.10 in response to an...
- California Health and Safety Code Section 25299.54
(a) Except as provided in subdivisions (b), (c), (d), (e), (g), and (h), an owner or operator, required to perform corrective action pursuant to Section...
- California Health and Safety Code Section 25299.55
The board shall prescribe appropriate forms and procedures for claims filed pursuant to Section 25299.54 that shall include, at a minimum, all of the following:...
- California Health and Safety Code Section 25299.56
(a) The board shall determine an applicant's eligibility for a claim for corrective action costs or third-party compensation costs pursuant to Section 25299.57 or 25299.58...
- California Health and Safety Code Section 25299.57
(a) If the board makes the determination specified in subdivision (d), the board may only pay for the costs of a corrective action that exceed...
- California Health and Safety Code Section 25299.58
(a) Except as provided in subdivision (d), if the board makes the determination specified in subdivision (b), the board may reimburse only those costs that...
- California Health and Safety Code Section 25299.59
(a) If the board has paid out of the fund for any costs of corrective action, the board shall not pay any other claim out...
- California Health and Safety Code Section 25299.60
(a) The board shall not pay any claims against or presented to the fund pursuant to this article if the claim exceeds the total money...
- California Health and Safety Code Section 25299.61
The board shall not pay any claims against or presented to the fund pursuant to this article if the claims are in connection with an...
- California Health and Safety Code Section 25299.62
If funding is available, all reimbursement requests that are approved shall be forwarded to the Controller within 10 days from the date of approval, for...
- California Health and Safety Code Section 25299.63
This article does not require any person to pursue a claim against the board pursuant to this article before seeking any other remedy. This section...
- California Health and Safety Code Section 25299.64
(a) For purposes of this article, the following definitions shall apply: (1) "Baseline concentration" means the initial concentration of a constituent of concern prior to...
- California Health and Safety Code Section 25299.65
(a) The claimant shall submit multiple bids for a performance-based contract in accordance with paragraph (1) of subdivision (g) of Section 25299.57 and any regulations...
- California Health and Safety Code Section 25299.66
This article does not limit or abridge the powers and duties granted to the board, the regional board, or local agency pursuant to any other...
- California Health and Safety Code Section 25299.70
(a) Any costs incurred and payable from the fund pursuant to subdivisions (c), (e), and (h) of Section 25299.51 shall be recovered by the Attorney...
- California Health and Safety Code Section 25299.72
Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures...
- California Health and Safety Code Section 25299.73
The standard of liability for any costs of corrective action recoverable pursuant to this chapter is strict liability.
- California Health and Safety Code Section 25299.74
(a) No indemnification, hold harmless, conveyance, or similar agreement shall be effective to preclude any liability for costs recoverable under this article. This section does...
- California Health and Safety Code Section 25299.75
(a) Except as provided in Sections 25299.70, 25299.72, and 25299.73, this chapter does not affect or modify the obligations or liability of any person under...
- California Health and Safety Code Section 25299.76
(a) Any person who violates any requirement of Article 3 (commencing with Section 25299.30) or Article 4 (commencing with Section 25299.36) is liable for a...
- California Health and Safety Code Section 25299.77
(a) The board shall adopt regulations to implement this chapter. In adopting these regulations, the board shall ensure that the regulations are consistent with this...
- California Health and Safety Code Section 25299.78
(a) To carry out the purposes of this chapter, any authorized representative of the local agency, regional board, or board shall have the authority specified...
- California Health and Safety Code Section 25299.79
The costs specified in subdivision (d) of Section 25299.51 are not recoverable pursuant to this article.
- California Health and Safety Code Section 25299.81
(a) Except as provided in subdivisions (b) and (c), this chapter shall remain in effect only until January 1, 2016, and as of that date...
- California Health and Safety Code Section 25299.90
The Legislature hereby finds and declares all of the following: (a) Commingled plumes of petroleum contaminated groundwater involve serious water quality impacts. (b) Unauthorized releases...
- California Health and Safety Code Section 25299.91
As used in this article, the following terms have the following meaning: (a) "Commingled plume" means the condition that exists when groundwater contaminated with petroleum...
- California Health and Safety Code Section 25299.92
A sum not to exceed ten million dollars ($10,000,000) from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996 (Ch. 162, Stats. 1996)...
- California Health and Safety Code Section 25299.93
(a) A joint claim may be submitted for reimbursement of corrective action costs for a commingled plume if all of the following conditions are met:...
- California Health and Safety Code Section 25299.94
(a) The board may pay the cost of corrective actions and third-party compensation claims that are submitted as part of a joint claim and which...
- California Health and Safety Code Section 25299.95
(a) An owner or operator named in a joint claim filed under this article may not file or maintain a claim under Article 6 (commencing...
- California Health and Safety Code Section 25299.96
The priority for payment of a joint claim submitted under this article shall be based on the date on which the board receives a complete...
- California Health and Safety Code Section 25299.97
(a) For the purposes of this article, the following definitions shall apply: (1) "Public drinking water well" means a wellhead that provides drinking water to...
- California Health and Safety Code Section 25299.97
(a) For the purposes of this article, the following definitions shall apply: (1) "Public drinking water well" means a wellhead that provides drinking water to...
- California Health and Safety Code Section 25299.100
For purposes of this chapter, the following definitions apply: (a) "Board" means the State Water Resources Control Board. (b) "Loan applicant" means a small business...
- California Health and Safety Code Section 25299.101
(a) The board shall conduct a loan program pursuant to this chapter, to assist small businesses in upgrading, replacing, or removing tanks to meet applicable...
- California Health and Safety Code Section 25299.102
The board shall only make loan funds available to loan applicants that meet all of the following eligibility requirements: (a) The loan applicant is a...
- California Health and Safety Code Section 25299.103
(a) A complete loan application shall include all of the following: (1) Evidence of eligibility. (2) An environmental audit, as specified in Section 5268 of...
- California Health and Safety Code Section 25299.104
(a) The minimum amount that the board may loan an applicant is ten thousand dollars ($10,000), and the maximum amount that the board may loan...
- California Health and Safety Code Section 25299.105
(a) The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants who meet all of the...
- California Health and Safety Code Section 25299.106
A complete grant application shall include all of the following information: (a) Evidence of eligibility. (b) Financial and legal documents necessary to demonstrate the applicant's...
- California Health and Safety Code Section 25299.107
(a) The minimum amount that the board may grant an applicant is three thousand dollars ($3,000), and the maximum amount that the board may grant...
- California Health and Safety Code Section 25299.108
The board shall adopt regulations necessary to implement and make specific this chapter as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340)...
- California Health and Safety Code Section 25299.109
(a) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury. The Petroleum Underground Storage Tank Financing Account is created for...
- California Health and Safety Code Section 25299.110
(a) There is hereby created, in the California Economic Development Grant and Loan Fund, the Petroleum Financing Collection Account. The Petroleum Financing Collection Account is...
- California Health and Safety Code Section 25299.111
If this chapter is repealed pursuant to Section 25299.117, then following the day on which the authority ceases to exist, all moneys in the Petroleum...
- California Health and Safety Code Section 25299.112
On or before January 1 of each year, the board shall submit a report to the Legislature concerning the performance of the grant and loan...
- California Health and Safety Code Section 25299.113
(a) The board may, upon appropriation by the Legislature in the annual Budget Act, expend the funds in the subaccount established in the Petroleum Underground...
- California Health and Safety Code Section 25299.114
All persons serving in an exempt position engaged in the performance of a function described in former Chapter 8.5 (commencing with Section 15399.10) of Part...
- California Health and Safety Code Section 25299.115
The repeal of former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code by Chapter...
- California Health and Safety Code Section 25299.116
A recipient of a grant that was awarded pursuant to former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title...
- California Health and Safety Code Section 25299.117
This chapter is repealed as of January 1, 2016, unless a later enacted statute that is enacted on or before January 1, 2016, deletes or...
- California Health and Safety Code Section 25299.200
For purposes of this chapter, the following definitions apply: (a) "Account" means the Petroleum Underground Storage Tank Financing Account. (b) "Board" means the State Water...
- California Health and Safety Code Section 25299.201
(a) The board shall conduct a grant program pursuant to this chapter, to assist small businesses in meeting the requirements of subdivisions (e) and (j)...
- California Health and Safety Code Section 25299.202
(a) The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants that meet the following conditions:...
- California Health and Safety Code Section 25299.203
(a) The board may issue a grant pursuant to this chapter before the installation of the tank, or within 12 months after the tank has...
- California Health and Safety Code Section 25299.204
(a) A grant recipient may use grant funds to finance or reimburse up to 100 percent of the costs necessary to comply with subdivision (j)...
- California Health and Safety Code Section 25299.205
(a) (1) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury. (2) The funds deposited into the account may be...
- California Health and Safety Code Section 25299.206
(a) The board shall transfer the sum of three million five hundred thousand dollars ($3,500,000) for the 2004-05 fiscal year, from the Underground Storage Tank...
- California Health and Safety Code Section 25300
This chapter shall be known and may be cited as the Carpenter-Presley-Tanner Hazardous Substance Account Act.
- California Health and Safety Code Section 25301
It is the intent of the Legislature to do all of the following: (a) Establish a program to provide for response authority for releases of...
- California Health and Safety Code Section 25310
The definitions set forth in this article shall govern the interpretation of this chapter. Unless the context requires otherwise and except as provided in this...
- California Health and Safety Code Section 25310.5
"Agency" means the California Environmental Protection Agency.
- California Health and Safety Code Section 25311
"Contract competitor" means any person competing for a state contract pursuant to subdivision (c) of Section 25358.3.
- California Health and Safety Code Section 25312
"Department" means the Department of Toxic Substances Control.
- California Health and Safety Code Section 25313
"Director" means the Director of Toxic Substances Control.
- California Health and Safety Code Section 25314
"Feasibility study" means the identification and evaluation of technically feasible and effective remedial action alternatives to protect public health and the environment, at a hazardous...
- California Health and Safety Code Section 25315
"Federal act" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
- California Health and Safety Code Section 25316
"Hazardous substance" means: (a) Any substance designated pursuant to Section 1321 (b)(2)(A) of Title 33 of the United States Code. (b) Any element, compound, mixture,...
- California Health and Safety Code Section 25317
"Hazardous substance" does not include: (a) Petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous...
- California Health and Safety Code Section 25318.5
"Operation and maintenance" means those activities initiated or continued at a hazardous substance release site following completion of a response action that are deemed necessary...
- California Health and Safety Code Section 25319
"Person" means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, limited liability company, and...
- California Health and Safety Code Section 25319.1
"Phase I environmental assessment" means a preliminary assessment of a property to determine whether there has been, or may have been, a release of a...
- California Health and Safety Code Section 25319.5
"Preliminary endangerment assessment" means an activity that is performed to determine whether current or past hazardous substance management practices have resulted in a release or...
- California Health and Safety Code Section 25319.6
"Regional board" means a California regional water quality control board.
- California Health and Safety Code Section 25320
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.
- California Health and Safety Code Section 25321
"Release" does not include any of the following: (a) Any release that results in exposure to persons solely within a workplace, with respect to a...
- California Health and Safety Code Section 25322
"Remedy" or "remedial action" includes all of the following: (a) Those actions that are consistent with a permanent remedy, that are taken instead of, or...
- California Health and Safety Code Section 25322.1
"Remedial design" means the detailed engineering plan to implement the remedial action alternative or initial remedial measure approved by the department.
- California Health and Safety Code Section 25322.2
"Remedial investigation" means those actions deemed necessary by the department to determine the full extent of a hazardous substance release at a site, identify the...
- California Health and Safety Code Section 25323
"Remove" or "removal" includes the cleanup or removal of released hazardous substances from the environment or the taking of other actions as may be necessary...
- California Health and Safety Code Section 25323.1
"Removal action work plan" means a work plan prepared or approved by the department or a California regional water quality control board that is developed...
- California Health and Safety Code Section 25323.3
"Response," "respond," or "response action" have the same meanings as defined in Section 9601(25) of the federal act (42 U.S.C. Sec. 9601(25)). The enforcement and...
- California Health and Safety Code Section 25323.5
(a) (1) "Responsible party" or "liable person," for the purposes of this chapter, means those persons described in Section 107(a) of the federal act (42...
- California Health and Safety Code Section 25323.9
"Site" has the same meaning as the term "facility" is defined by Section 101(9) of the federal act (42 U.S.C. Sec. 9601 (9)).
- California Health and Safety Code Section 25324
(a) "State account" means the Toxic Substances Control Account established pursuant to Section 25173.6. (b) Notwithstanding any other provision of this section, any costs incurred...
- California Health and Safety Code Section 25325
"Federally permitted release" has the same meaning as defined in Section 101 (10) of the federal act (42 U.S.C. Sec. 9601 (10)).
- California Health and Safety Code Section 25326
"A release authorized or permitted pursuant to state law" means any release into the environment which is authorized by statute, ordinance, regulation, or rule of...
- California Health and Safety Code Section 25326.3
"Secretary" means the Secretary for Environmental Protection.
- California Health and Safety Code Section 25326.5
"Site cleanup evaluation" means an evaluation by the department of the effectiveness of a removal or remedial action conducted by a responsible party, to reduce...
- California Health and Safety Code Section 25327
"Tier" means a grouping of hazardous substance release sites that require removal and remedial actions, that are listed alphabetically, and that are of a roughly...
- California Health and Safety Code Section 25330.2
Funds in the Site Remediation Account appropriated for removal or remedial action pursuant to this chapter are available for encumbrance for three fiscal years subsequent...
- California Health and Safety Code Section 25330.4
(a) Notwithstanding any other provision of law, the Controller shall establish a separate subaccount in the state account, for any funds received from a settlement...
- California Health and Safety Code Section 25330.5
(a) The Controller shall establish a separate subaccount for site operation and maintenance in the state account. All of the following amounts shall be deposited...
- California Health and Safety Code Section 25330.6
(a) The Stringfellow Insurance Proceeds Account is hereby created in the State Treasury and shall be administered by the director. (b) The funds deposited in...
- California Health and Safety Code Section 25331
The state account may sue and be sued in its own name.
- California Health and Safety Code Section 25334.7
(a) The department shall report to the Governor and the Legislature on the progress of the cleanup of the San Gabriel Valley groundwater sites in...
- California Health and Safety Code Section 25337
(a) There is in the General Fund the Site Remediation Account, which shall be administered by the director. The account shall be funded by money...
- California Health and Safety Code Section 25342
The Director of Finance shall schedule in the annual Budget Act the projects proposed in any fiscal year, that will incur direct costs for removal...
- California Health and Safety Code Section 25343
(a) Except as provided in subdivisions (b) and (c), any potentially responsible party at a site, or any person who has notified the department of...
- California Health and Safety Code Section 25350
For response actions taken pursuant to the federal act, only those costs for actions that are consistent with the priorities, guidelines, criteria, and regulations contained...
- California Health and Safety Code Section 25351.2
(a) A city or county may initiate a removal or remedial action for a site listed pursuant to Section 25356 in accordance with this section....
- California Health and Safety Code Section 25351.5
The department shall adopt any regulations necessary to carry out its responsibilities pursuant to this chapter, including, but not limited to, regulations governing the expenditure...
- California Health and Safety Code Section 25351.7
Any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site, that was built for the purpose of...
- California Health and Safety Code Section 25351.8
Notwithstanding any other provision of law, including, but not limited to, Sections 25334.5 and 25356, the department shall place the highest priority on taking removal...
- California Health and Safety Code Section 25352
Money deposited in the state account may also be appropriated by the Legislature to the department on a specific site basis for the following purposes:...
- California Health and Safety Code Section 25353
(a) Except as provided in (b), the department may not expend funds from the state account for a removal or remedial action with respect to...
- California Health and Safety Code Section 25353.5
(a) (1) Notwithstanding Section 12439 of the Government Code, the Controller may not eliminate any direct or indirect position that provides oversight and related support...
- California Health and Safety Code Section 25354
(a) There is hereby continuously appropriated from the state account to the department the sum of one million dollars ($1,000,000) for each fiscal year as...
- California Health and Safety Code Section 25354.5
(a) A state or local law enforcement officer or investigator or other law enforcement agency employee who, in the course of an official investigation or...
- California Health and Safety Code Section 25355
(a) The Governor is responsible for the coordination of all state response actions for sites identified in Section 25356 in order to assure the maximum...
- California Health and Safety Code Section 25355.2
(a) Except as provided in subdivision (c), the department or the regional board shall require any responsible party who is required to comply with operation...
- California Health and Safety Code Section 25355.5
(a) Except as provided in subdivisions (b), (c), and (d), no money shall be expended from the state account for removal or remedial actions on...
- California Health and Safety Code Section 25355.6
(a) The State Water Resources Control Board or a California regional water quality control board that has jurisdiction over a hazardous substance release site pursuant...
- California Health and Safety Code Section 25355.7
The department and the State Water Resources Control Board concurrently shall establish policies and procedures consistent with this chapter that the department's representatives shall follow...
- California Health and Safety Code Section 25355.8
(a) The department shall not agree to oversee the preparation of, or to review, a preliminary endangerment assessment for property if action is, or may...
- California Health and Safety Code Section 25356
(a) (1) The department shall adopt, by regulation, criteria for the selection of hazardous substance release sites for a response action under this chapter. The...
- California Health and Safety Code Section 25356.1
(a) For purposes of this section, "regional board" means a California regional water quality control board and "state board" means the State Water Resources Control...
- California Health and Safety Code Section 25356.1.3
(a) In exercising its authority at a hazardous substance release site pursuant to subdivision (a) of Section 25355.5 or 25358.3, the department shall issue orders...
- California Health and Safety Code Section 25356.1.5
(a) Any response action taken or approved pursuant to this chapter shall be based upon, and no less stringent than, all of the following requirements:...
- California Health and Safety Code Section 25356.2
(a) There is hereby created in the Office of Environmental Health Hazard Assessment a Hazardous Substance Cleanup Arbitration Panel. (b) The panel shall apportion liability...
- California Health and Safety Code Section 25356.3
(a) The department or the California regional water quality control board shall serve a copy by mail of the draft remedial action plan upon all...
- California Health and Safety Code Section 25356.4
(a) After making an apportionment of liability among the potentially responsible parties pursuant to Section 25356.3, the panel shall prepare a draft arbitration decision which...
- California Health and Safety Code Section 25356.5
The department shall include in the biennial report specified in Section 25178 an accounting of all of the following: (a) The actual funds expended for...
- California Health and Safety Code Section 25356.6
(a) Notwithstanding any other provision of state law or any local ordinance or regulation, except as provided in subdivision (b), to encourage the prompt and...
- California Health and Safety Code Section 25356.7
In order to encourage rapid resolution of differences among responsible parties and to speed the cleanup of sites, and notwithstanding any other provision of law,...
- California Health and Safety Code Section 25356.8
(a) Judicial review of the arbitration decision on the apportionment of liability is limited to a showing of fraud by a party to the arbitration...
- California Health and Safety Code Section 25356.9
(a) The provisions of this chapter relating to the preparation, approval, and issuance of remedial action plans and to procedures for the apportionment of liability...
- California Health and Safety Code Section 25356.10
The Office of Environmental Health Hazard Assessment shall adopt, and may, from time to time, modify, revise, or repeal, regulations, consistent with this article, to...
- California Health and Safety Code Section 25357
Expenditures from the state account shall not be made in excess of the total amount of money in the state account at any one time....
- California Health and Safety Code Section 25357.5
(a) In any judicial action under this chapter, judicial review of any issues concerning the adequacy of any response action taken or ordered by the...
- California Health and Safety Code Section 25358
The state shall actively seek to obtain all federal funds to which it is entitled under the federal act and shall take all actions necessary...
- California Health and Safety Code Section 25358.1
(a) The department, a representative of the department, or any person designated by the director may take the actions specified in this section only if...
- California Health and Safety Code Section 25358.2
(a) "Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production...
- California Health and Safety Code Section 25358.3
(a) Whenever the director determines that there may be an imminent or substantial endangerment to the public health or welfare or to the environment, because...
- California Health and Safety Code Section 25358.4
The analysis of any material that is required to demonstrate compliance with this chapter shall be performed by a laboratory accredited by the State Department...
- California Health and Safety Code Section 25358.5
Any removal or remedial action taken or contracted by the department pursuant to Section 25354 or subdivision (a) of Section 25358.3 shall be exempt from...
- California Health and Safety Code Section 25358.6
(a) The department may prequalify bidders for remedial or removal actions taken pursuant to Section 25354 or subdivision (a) of Section 25358.3. The department may...
- California Health and Safety Code Section 25358.6.1
(a) For purposes of this section, the following definitions shall apply: (1) "Engineering, architectural, environmental, landscape architectural, construction project management, or land surveying services" includes...
- California Health and Safety Code Section 25358.7
(a) The department or the regional board, as appropriate, shall take the actions specified in this section to provide an opportunity for meaningful public participation...
- California Health and Safety Code Section 25358.7.1
(a) At each site, a community advisory group may be established by the affected community to review any response action and comment on the response...
- California Health and Safety Code Section 25358.7.2
(a) On or before July 1, 2000, the department and the State Water Resources Control Board shall establish two community service offices, one to serve...
- California Health and Safety Code Section 25358.8
A community advisory group established pursuant to Section 25358.7.1 may request, in writing, and a potentially responsible party or parties may fund, a technical assistance...
- California Health and Safety Code Section 25358.9
(a) To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may...
- California Health and Safety Code Section 25359
(a) Any person who is liable for a release, or threat of a release, of hazardous substances and who fails, without sufficient cause, as determined...
- California Health and Safety Code Section 25359.1
There shall be no recovery of punitive damages under Section 25359 for an injury to or loss of natural resources that occurred wholly before September...
- California Health and Safety Code Section 25359.2
Any person subject to a removal or remedial action order or other order issued pursuant to Section 25355.5 or 25358.3 who does not comply with...
- California Health and Safety Code Section 25359.3
(a) The department may issue a complaint to any person subject to a penalty pursuant to Sections 25359.2 and 25359.4. The complaint shall allege the...
- California Health and Safety Code Section 25359.4
(a) A person shall not release, or allow or cause a release of, a reportable quantity of a hazardous substance into the environment that is...
- California Health and Safety Code Section 25359.4.5
(a) A responsible party who has entered into an agreement with the department and is in compliance with the terms of that agreement, or who...
- California Health and Safety Code Section 25359.5
(a) After making a determination, based upon a preliminary site assessment that there has been a release of a hazardous substance on, under, or into...
- California Health and Safety Code Section 25359.6
(a) The director shall notify, within 20 working days, each of the appropriate county health officers as to all the potential abandoned sites of which...
- California Health and Safety Code Section 25359.7
(a) Any owner of nonresidential real property who knows, or has reasonable cause to believe, that any release of hazardous substance has come to be...
- California Health and Safety Code Section 25359.20
(a) Notwithstanding paragraph (1) of subdivision (b) of Section 25187 of the Health and Safety Code, the department may use any legal remedies available pursuant...
- California Health and Safety Code Section 25360
(a) Any costs incurred by the department or regional board in carrying out this chapter shall be recoverable pursuant to state or federal law by...
- California Health and Safety Code Section 25360.1
Any monetary obligation to the department pursuant to Chapter 6.5 (commencing with Section 25100) or this chapter shall be subject to interest from the date...
- California Health and Safety Code Section 25360.2
(a) For purposes of this section, the following definitions apply: (1) "Owner" means either (A) the owner of property who occupies a single-family residence or...
- California Health and Safety Code Section 25360.3
(a) For the purposes of this section, the following terms have the following meaning: (1) "Easement" means a conservation easement, as defined in Section 815.1...
- California Health and Safety Code Section 25360.4
(a) An action under Section 25360 for the recovery of the costs of removal or remedial action incurred by the department from the state account,...
- California Health and Safety Code Section 25360.6
(a) The department shall, if it determines that it is practicable and in the public interest, propose a final administrative or judicial expedited settlement with...
- California Health and Safety Code Section 25361
(a) The state account shall be a party in any action for recovery of costs or expenditures under this chapter incurred from the state account....
- California Health and Safety Code Section 25362
Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures...
- California Health and Safety Code Section 25363
(a) Except as provided in subdivision (f), any party found liable for any costs or expenditures recoverable under this chapter who establishes by a preponderance...
- California Health and Safety Code Section 25363.5
(a) Notwithstanding any other provision of this article, the costs incurred by a state agency to take a hazardous substance response action at the BKK...
- California Health and Safety Code Section 25364
Except as provided in Section 25364.1, no indemnification, hold harmless, conveyance, or similar agreement shall be effective to transfer any liability for cost or expenditures...
- California Health and Safety Code Section 25364.1
(a) For purposes of this section, the following definitions shall apply: (1) "Affiliate" means any entity that directly, or indirectly through one or more intermediaries,...
- California Health and Safety Code Section 25364.7
The repeal of Section 25364.6 shall not affect any indemnity provided pursuant to that section for any cause of action brought because of any act...
- California Health and Safety Code Section 25365
The entry of judgment against any party to the action shall not be deemed to bar any future action by the state account against any...
- California Health and Safety Code Section 25365.6
(a) Any costs or damages incurred by the department or regional board pursuant to this chapter constitutes a claim and lien upon the real property...
- California Health and Safety Code Section 25366
(a) This chapter shall not be construed as imposing any new liability associated with acts that occurred on or before January 1, 1982, if the...
- California Health and Safety Code Section 25366.5
(a) Any public agency operating a household hazardous waste collection program or any person operating such a program under a written agreement with a public...
- California Health and Safety Code Section 25367
Any person who commits any of the following acts shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each...
- California Health and Safety Code Section 25368
Notwithstanding Section 25355.5, the department shall carry out a program of full-scale demonstrations to evaluate treatment technologies that can be safely utilized for removal and...
- California Health and Safety Code Section 25368.1
For the purposes of this article, the following definitions apply: (a) "Treatment technologies" means methods, techniques, or processes, including proprietary or patented methods, that permanently...
- California Health and Safety Code Section 25368.2
The department shall select technology demonstration projects to be evaluated pursuant to this article using criteria that include, at a minimum, all of the following...
- California Health and Safety Code Section 25368.3
The department shall identify hazardous substance release sites, listed pursuant to Section 25356, that are particularly well-suited for technology demonstration projects. In identifying hazardous substance...
- California Health and Safety Code Section 25368.4
(a) The department shall annually, on or before July 1, publish a solicitation for proposals to conduct treatment demonstration projects which utilize technologies which are...
- California Health and Safety Code Section 25368.5
(a) On or before January 1, after reviewing all proposals submitted pursuant to Section 25368.4, the department shall annually select at least two treatment demonstration...
- California Health and Safety Code Section 25368.6
Notwithstanding Section 25360, if the department determines that using an alternative treatment technology to conduct a removal or remedial action at a hazardous substance release...
- California Health and Safety Code Section 25368.7
The department shall conduct a technology transfer program that shall include the development, collection, evaluation, coordination, and dissemination of information relating to the utilization of...
- California Health and Safety Code Section 25368.8
Notwithstanding paragraph (5) of subdivision (c) of Section 25356.1, when preparing or approving a remedial action plan for a site listed pursuant to paragraph (2)...
- California Health and Safety Code Section 25369
The department shall establish an abandoned site program to survey counties where abandoned site surveys have not been completed. As part of the program, the...
- California Health and Safety Code Section 25370
"Board," as used in this article, means the California Victim Compensation and Government Claims Board.
- California Health and Safety Code Section 25372
Any person may apply to the board, pursuant to Section 25373, for compensation of a loss caused by the release, in California, of a hazardous...
- California Health and Safety Code Section 25373
The board shall prescribe appropriate forms and procedures for claims filed pursuant to this article, which shall include, as a minimum, all of the following:...
- California Health and Safety Code Section 25374
All decisions rendered by the board shall be in writing, with notification to all appropriate parties, and shall be rendered within 90 days of submission...
- California Health and Safety Code Section 25375
(a) If the board makes the determination, specified in subdivision (b), that losses resulted from the claimant's damages, injury, or disease, only the following losses...
- California Health and Safety Code Section 25375.5
(a) Except as specified in subdivision (b), the procedures specified in Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division...
- California Health and Safety Code Section 25376
No claim may be presented to the board pursuant to this article later than three years from the date of discovery of the loss or...
- California Health and Safety Code Section 25377
Nothing in this article shall require, or be deemed to require, pursuit of any claim against the board as a condition precedent to any other
- California Health and Safety Code Section 25378
(a) Compensation of any loss pursuant to this article shall preclude indemnification or reimbursement from any other source for the identical loss, and indemnification or...
- California Health and Safety Code Section 25379
(a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Section...
- California Health and Safety Code Section 25380
Compensation of any loss pursuant to this article shall be subject to the state's acquiring, by subrogation, all rights of the claimant to recover the...
- California Health and Safety Code Section 25381
(a) The board shall, in consultation with the department, adopt, and revise when appropriate, all rules and regulations necessary to implement this article, including methods...
- California Health and Safety Code Section 25382
The board may expend from the state account those sums of money as are reasonably necessary to administer and carry out this article.
- California Health and Safety Code Section 25385
This article shall be known and may be cited as the Johnston-Filante Hazardous Substance Cleanup Bond Act of 1984.
- California Health and Safety Code Section 25385.1
For purposes of this article, and for purposes of Section 16722 of the Government Code as applied to this article, the following definitions apply: (a)...
- California Health and Safety Code Section 25385.2
The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code)...
- California Health and Safety Code Section 25385.4
The Hazardous Substance Cleanup Committee, which is hereby created, shall consist of the Governor, the Director of Finance, the Treasurer, the Controller, and the Secretary...
- California Health and Safety Code Section 25385.5
The committee may create a debt or debts, liability or liabilities, of the State of California, in the aggregate of one hundred million dollars ($100,000,000),...
- California Health and Safety Code Section 25385.6
(a) The moneys in the state account that are the proceeds of bonds issued and sold pursuant to this article may be used, upon appropriation...
- California Health and Safety Code Section 25385.7
(a) All bonds authorized by this article, which are sold and delivered as provided in this article, constitute valid and legally binding general obligations of...
- California Health and Safety Code Section 25386
Notwithstanding Section 25386.5, the money deposited in the fund is available for transfer to the General Fund if money was deposited in the fund pursuant...
- California Health and Safety Code Section 25386.1
There is hereby appropriated from the General Fund in the State Treasury, for the purpose of this article, an amount equal to the sum of...
- California Health and Safety Code Section 25386.2
For the purpose of carrying out this article, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of amounts...
- California Health and Safety Code Section 25386.25
Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3...
- California Health and Safety Code Section 25386.3
Upon the request of the board, and supported by a statement of the proposed actions to be taken pursuant to Section 25385.6, the committee shall...
- California Health and Safety Code Section 25386.4
The committee may authorize the Treasurer to sell all, or any part of, the bonds authorized under this article at the time or times as...
- California Health and Safety Code Section 25386.5
Except as provided in subdivision (c) of Section 25385.3 and Section 25386, all proceeds from the sale of bonds, except those derived from premiums and...
- California Health and Safety Code Section 25390
For purposes of this article, the following definitions shall apply: (a) "Fund" means the Orphan Share Reimbursement Trust Fund established pursuant to Section 25390.3. (b)...
- California Health and Safety Code Section 25390.1
The Legislature finds and declares all of the following: (a) This article, which establishes an Orphan Share Reimbursement Trust Fund, operates in conjunction with the...
- California Health and Safety Code Section 25390.2
(a) This article does not prohibit, and is not intended to prohibit, the department, the regional board, or the Attorney General from pursuing any existing...
- California Health and Safety Code Section 25390.3
(a) The Orphan Share Reimbursement Trust Fund is hereby created in the State Treasury. (b) The administrator of the fund may expend the money deposited...
- California Health and Safety Code Section 25390.4
(a) A potentially responsible party may file a claim pursuant to paragraph (1) of subdivision (c) of Section 25390.3 only if all of the following...
- California Health and Safety Code Section 25390.5
For the purposes of this article, the orphan share shall be determined in the following manner: (a) The orphan share shall be expressed as a...
- California Health and Safety Code Section 25390.6
(a) Any costs paid from the fund pursuant to paragraphs (1) and (4) of subdivision (c) of Section 25390.3 shall be recoverable by the Attorney...
- California Health and Safety Code Section 25390.7
A claim for reimbursement under paragraph (1) of subdivision (c) of Section 25390.3 shall not be filed for any of the following: (a) Sites listed...
- California Health and Safety Code Section 25390.8
(a) Any costs incurred and payable from the fund by the administrator pursuant to this article shall constitute a claim and lien upon the real...
- California Health and Safety Code Section 25390.9
(a) This article shall become operative on the operative date of the statute that does either, or both, of the following: (1) Appropriates funds to...
- California Health and Safety Code Section 25395.1
As used in this article, the following terms have the following meaning: (a) "Private site manager" means an individual who is registered as a class...
- California Health and Safety Code Section 25395.2
A private site manager may conduct investigations of potential hazardous substance release sites using preliminary endangerment assessment procedures approved by the department. If, upon completion...
- California Health and Safety Code Section 25395.3
If, upon completion of a site investigation, a private site manager or the department determines that a significant release of a hazardous substance has occurred,...
- California Health and Safety Code Section 25395.4
(a) If the department approves an application for private site management, a private site management team shall be designated to perform the activities authorized by...
- California Health and Safety Code Section 25395.5
(a) If the private site management team determines that the response action will include a removal or remedial action, the approved private site management team...
- California Health and Safety Code Section 25395.6
(a) The private site management team shall, in the case of sites selected pursuant to Section 25396.6, prepare a remedial design for the implementation of...
- California Health and Safety Code Section 25395.7
The private site management team shall implement the response action set forth in the approved final removal action work plan or remedial action plan and...
- California Health and Safety Code Section 25395.8
(a) Upon completion of a response action, the private site manager shall file a request for a certificate of completion from the department. The request...
- California Health and Safety Code Section 25395.9
No designated officer or employee of the California Environmental Protection Agency or its constituent boards, departments, or offices shall serve as a private site manager...
- California Health and Safety Code Section 25395.10
(a) The private site manager and each member of a private site management team shall sign and certify all work performed by, and or directed...
- California Health and Safety Code Section 25395.11
Except as otherwise specified in this article, all the requirements of this chapter, or Chapter 6.85 (commencing with Section 25396) in the case of sites...
- California Health and Safety Code Section 25395.12
(a) The department shall conduct audits of a minimum of 25 percent of the sites where a private site manager or private site management team...
- California Health and Safety Code Section 25395.13
(a) Any private site manager or member of a private site management team who commits any of the following acts shall be punished, upon conviction,...
- California Health and Safety Code Section 25395.14
The project proponent for a site subject to response action pursuant to this article shall fully reimburse the department for all reasonable costs incurred by...
- California Health and Safety Code Section 25395.15
The department shall adopt minimum standards of performance that shall apply to the activities and conduct of private site managers and members of private site...
- California Health and Safety Code Section 25395.20
(a) For purposes of this article, the following definitions shall apply: (1) "Account" means the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant...
- California Health and Safety Code Section 25395.21
(a) The department, with the approval of the secretary, shall establish an Investigating Site Contamination Program to provide loans to eligible persons to conduct preliminary...
- California Health and Safety Code Section 25395.22
(a) The department, with the approval of the secretary, shall establish a Cleanup Loans and Environmental Assistance to Neighborhoods Program to provide loans to finance...
- California Health and Safety Code Section 25395.23
(a) The department, after consultation with the secretary, the Secretary of Business, Transportation and Housing, and the Director of the Office of Planning and Research,...
- California Health and Safety Code Section 25395.24
(a) The department may approve all, or part of, a loan request pursuant to Section 25395.23, except the maximum amount of a loan approved pursuant...
- California Health and Safety Code Section 25395.25
Upon the approval of a loan pursuant to Section 25395.23, the loan recipient shall do all of the following: (a) Enter into an agreement with...
- California Health and Safety Code Section 25395.26
(a) A loan approved pursuant to Section 25395.23 shall be secured by the property subject to the release or threatened release of the hazardous material...
- California Health and Safety Code Section 25395.27
(a) (1) Except as provided in subdivisions (a) and (b) of Section 25395.28, any response action carried out under this article shall be conducted in...
- California Health and Safety Code Section 25395.28
(a) (1) Except as provided in paragraph (2) and subdivision (b), upon the request of a regional board or the state board, the administering agency...
- California Health and Safety Code Section 25395.29
(a) The department may adopt regulations to implement this article as emergency regulations. The Office of Administrative Law shall consider those regulations to be necessary...
- California Health and Safety Code Section 25395.30
The following persons are not eligible to apply for a loan under this article: (a) A person who has been convicted of a felony or...
- California Health and Safety Code Section 25395.31
The rate of interest to be applied to loans made pursuant to this article shall be the same rate earned on investments in the Surplus...
- California Health and Safety Code Section 25395.32
On or before January 10 of each year when a loan under this article is made or repaid during the previous fiscal year, the secretary...
- California Health and Safety Code Section 25395.35
Unless the context otherwise requires, the following definitions govern the construction of this article: (a) "Brownfield site" has the same meaning as defined in Section...
- California Health and Safety Code Section 25395.36
(a) The Revolving Loans Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall...
- California Health and Safety Code Section 25395.40
For the purposes of this article, the following definitions shall apply: (a) "CLEAN Program" means the Cleanup Loans and Environmental Assistance to Neighborhoods Program established...
- California Health and Safety Code Section 25395.41
(a) The secretary shall solicit proposals for a package of environmental insurance products from insurance companies through a competitive bidding process. The request for proposal...
- California Health and Safety Code Section 25395.42
(a) The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 25395.20 that are made...
- California Health and Safety Code Section 25395.43
(a) Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who...
- California Health and Safety Code Section 25395.44
(a) Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state's other political...
- California Health and Safety Code Section 25395.45
The agency may adopt regulations to implement this article pursuant to this section. The regulations adopted to implement this article shall be deemed to be...
- California Health and Safety Code Section section=hsc&group=02001-03000&
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- California Health and Safety Code Section 25395.41
(a) The secretary shall solicit proposals for a package of environmental insurance products from insurance companies through a competitive bidding process. The request for proposal...
- California Health and Safety Code Section 25395.42
(a) The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 25395.20 that are made...
- California Health and Safety Code Section 25395.43
(a) Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who...
- California Health and Safety Code Section 25395.44
(a) Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state's other political...
- California Health and Safety Code Section 25395.45
The agency may adopt regulations to implement this article pursuant to this section. The regulations adopted to implement this article shall be deemed to be...
- California Health and Safety Code Section 25395.60
The Legislature finds and declares all of the following: (a) There are thousands of properties in the state where redevelopment has been hindered due to...
- California Health and Safety Code Section 25395.61
It is the intent of the Legislature, in enacting this chapter, to do all of the following: (a) Establish the cleanup and reuse of these...
- California Health and Safety Code Section 25395.62
This chapter shall be known, and may be cited, as the "California Land Reuse and Revitalization Act of 2004."
- California Health and Safety Code Section 25395.63
The definitions set forth in this article and in Article 6 (commencing with Section 25395.90) shall govern the interpretation of this chapter. If a term...
- California Health and Safety Code Section 25395.64
"Agency" means the department, the board, or a regional board.
- California Health and Safety Code Section 25395.65
"All appropriate inquiries" has the following meanings: (a) Except as provided in subdivision (c), until the date when the standards and practices established by the...
- California Health and Safety Code Section 25395.66
"Applicable law" means all of the provisions of the following state statutory and common laws that impose liability on an owner or occupant of property...
- California Health and Safety Code Section 25395.67
"Appropriate care" means either of the following: (a) The performance of a response action, with respect to hazardous materials found at a site, for which...
- California Health and Safety Code Section 25395.68
"Board" means the State Water Resources Control Board.
- California Health and Safety Code Section 25395.69
(a) "Bona fide purchaser" means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005,...
- California Health and Safety Code Section 25395.70
(a) "Contiguous property owner" means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that...
- California Health and Safety Code Section 25395.71
"Department" means the Department of Toxic Substances Control.
- California Health and Safety Code Section 25395.72
"Endangerment" means a condition that poses an actual and unreasonable risk to human health and safety arising from actual or threatened exposure to hazardous materials.
- California Health and Safety Code Section 25395.73
"Fair market value" means the price a seller is willing to accept and a buyer willing to pay on the open market and in an...
- California Health and Safety Code Section 25395.74
"Hazardous material" has the same meaning as defined in subdivision (d) of Section 25260.
- California Health and Safety Code Section 25395.75
(a) "Innocent landowner" means a person who owns a site, did not cause or contribute to a release or threatened release at the site, meets...
- California Health and Safety Code Section 25395.76
"Land use control" means a recorded instrument executed pursuant to Section 1471 of the Civil Code that restricts or imposes obligations on the present or...
- California Health and Safety Code Section 25395.77
"Passive migration" means the leaking, leaching or movement of a hazardous material into or through the environment, for which no human activity by the bona...
- California Health and Safety Code Section 25395.78
"Regional board" means a California regional water quality control board.
- California Health and Safety Code Section 25395.79
"Release" has the same meaning as defined in Section 25320.
- California Health and Safety Code Section 25395.79.1
"Response plan" means a written plan submitted to an agency pursuant to Section 25395.96.
- California Health and Safety Code Section 25395.79.2
(a) "Site" means real property located in an urban infill area for which the expansion, redevelopment, or reuse may be complicated by the presence or...
- California Health and Safety Code Section 25395.80
For purposes of this chapter, to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner a person shall establish, by a preponderance...
- California Health and Safety Code Section 25395.81
(a) Except as provided in Section 25395.85, and except as otherwise provided under this section, a bona fide purchaser, innocent landowner, or contiguous property owner...
- California Health and Safety Code Section 25395.82
(a) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on and after the date when the immunity specified in subdivision (c) of Section 25395.81 attaches, the person...
- California Health and Safety Code Section 25395.83
(a) If there are unrecovered costs incurred by an agency at a site for which an owner of the site is not liable as an...
- California Health and Safety Code Section 25395.84
(a) A court of competent jurisdiction may award reasonable attorneys' fees and experts' fees to a person who initiates a claim under an applicable law...
- California Health and Safety Code Section 25395.85
An innocent landowner, bona fide purchaser, contiguous landowner, or bona fide ground tenant, as defined in subdivision (b) of Section 25395.102, may seek contribution from...
- California Health and Safety Code Section 25395.86
(a) This chapter does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) Any requirement imposed under...
- California Health and Safety Code Section 25395.87
(a) On or before March 31, 2005, the California Environmental Protection Agency shall develop a form that, upon approval of a response plan, shall be...
- California Health and Safety Code Section 25395.90
(a) Except as otherwise expressly provided in this article, the definitions in Article 2 (commencing with Section 25395.63) apply to the terms used in this...
- California Health and Safety Code Section 25395.91
(a) Only the following are eligible to enter into an agreement pursuant to this article: (1) A bona fide purchaser, innocent landowner, or contiguous property...
- California Health and Safety Code Section 25395.92
(a) A bona fide purchaser, innocent landowner, or contiguous property owner who seeks to qualify for the immunity provided by this chapter shall enter into...
- California Health and Safety Code Section 25395.93
(a) A person may withdraw from an agreement entered into pursuant to this article by providing a 30-day written notice to the agency and doing...
- California Health and Safety Code Section 25395.94
(a) (1) A person who enters into an agreement pursuant to this article with an agency for the oversight of a site assessment shall submit...
- California Health and Safety Code Section 25395.95
(a) After implementation of the site assessment plan, the person shall submit to the agency a report of the findings made pursuant to the plan....
- California Health and Safety Code Section 25395.96
(a) If, upon review of the site assessment prepared pursuant to this article, the agency determines that a response action is necessary to prevent or...
- California Health and Safety Code Section 25395.97
(a) Except as provided in Section 25395.99, the agency shall issue a certificate of completion upon determining that all response actions have been satisfactorily completed...
- California Health and Safety Code Section 25395.98
A person who acquires a property from an innocent landowner, bona fide purchaser, or contiguous property owner, and the property was previously issued a certificate...
- California Health and Safety Code Section 25395.99
(a) A response plan may require the use of a land use control that imposes appropriate conditions, restrictions, and obligations on land use or activities,...
- California Health and Safety Code Section 25395.100
To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude...
- California Health and Safety Code Section 25395.101
(a) Except as expressly provided in this article, this article does not affect the authority of an agency to issue an order or take any...
- California Health and Safety Code Section 25395.102
(a) Except as otherwise provided in this article, the definitions in Article 2 (commencing with Section 25395.63) and Article 6 (commencing with Section 25395.90) shall...
- California Health and Safety Code Section 25395.103
(a) A bona fide ground tenant who seeks to qualify for the immunity pursuant to Section 25395.104 shall make all appropriate inquiries, and shall enter...
- California Health and Safety Code Section 25395.104
(a) Except as otherwise provided in this section, a bona fide ground tenant shall qualify for the following immunities: (1) The bona fide ground tenant...
- California Health and Safety Code Section 25395.105
(a) Notwithstanding subdivision (b) of Section 25395.102, on and after the date when the immunity specified in Section 25395.104 attaches, a person shall remain eligible...
- California Health and Safety Code Section 25395.106
(a) This article does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) A requirement imposed under...
- California Health and Safety Code Section 25395.109
This chapter shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is...
- California Health and Safety Code Section 25395.110
(a) A person who, before January 1, 2017, qualifies for immunity pursuant to Chapter 6.82 (commencing with Section 25395.60), as that chapter read on December...
- California Health and Safety Code Section 25395.115
The definitions set forth in this section govern the interpretation of this article. (a) "Agency" means the department, the board, or a regional board. (b)...
- California Health and Safety Code Section 25395.116
(a) To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter...
- California Health and Safety Code Section 25395.117
(a) On or before January 1, 2006, the agency and the California Environmental Protection Agency shall implement the requirements imposed by this section. (b) The...
- California Health and Safety Code Section 25395.118
The department may expend any grant received pursuant to Section 128 of the Small Business Liability Relief and Brownfield Revitalization Act (42 U.S.C. Sec. 9628),...
- California Health and Safety Code Section 25395.119
(a) Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are...
- California Health and Safety Code Section 25396
Unless the context indicates otherwise, the following definitions govern the construction of this chapter. (a) "Affected community" means the local residents or workers living or...
- California Health and Safety Code Section 25396.1
This chapter shall be known and may be cited as the California Expedited Remedial Action Reform Act of 1994.
- California Health and Safety Code Section 25396.2
Chapter 3 (commencing with Section 856) of Title 3 of Part 2 of Division 2 of the Civil Code does not apply to a site...
- California Health and Safety Code Section 25396.5
(a) The intent of this chapter is to establish a pilot program to determine if expedited procedures for carrying out response actions at response action...
- California Health and Safety Code Section 25396.6
The committee may select a site for remediation pursuant to this chapter only if the site meets all of the following conditions: (a) The department...
- California Health and Safety Code Section 25397
(a) Except to the extent otherwise specified in this chapter, response actions for a site selected pursuant to Section 25396.6 shall be taken pursuant to...
- California Health and Safety Code Section 25397.1
Any action taken by the department pursuant to this chapter shall be consistent with all applicable regulations adopted by the State Water Resources Control Board,...
- California Health and Safety Code Section 25397.2
The department shall ensure that the public is given the opportunity to participate in response actions taken pursuant to this chapter in accordance with the...
- California Health and Safety Code Section 25397.3
Nothing in this chapter shall be construed to restrict the rights of responsible persons and the department to agree upon other voluntary methods of remediation.
- California Health and Safety Code Section 25398
(a) The department shall serve as the lead agency for implementing this chapter and shall act as the oversight agency for purposes of all response...
- California Health and Safety Code Section 25398.2
(a) Within 90 days from the date of the selection of a site pursuant to Section 25396.6, the department shall hold a conference with the...
- California Health and Safety Code Section 25398.3
(a) If the department determines that an interim endangerment exists at any site after it has been selected for response action pursuant to Article 2...
- California Health and Safety Code Section 25398.4
Any remedial action plan prepared pursuant to this chapter shall require response actions that, when fully implemented, place the site for which the plan is...
- California Health and Safety Code Section 25398.5
(a) (1) To expedite the conversion of property into productive use and to provide funds for response activities, the department may approve a site owner's...
- California Health and Safety Code Section 25398.6
(a) All remedies selected at a site subject to this chapter shall meet all of the following criteria: (1) Be protective of human health and...
- California Health and Safety Code Section 25398.7
(a) A remedial action plan may utilize land use controls to limit or restrict land use where appropriate. All land use controls shall be recorded...
- California Health and Safety Code Section 25398.8
(a) At the same time that the department gives notice of the approval of the remedial action plan for a site, or prior to the...
- California Health and Safety Code Section 25398.9
(a) Prior to the date that the department apportions liability pursuant to Section 25398.8, the department shall, when it determines that it is in the...
- California Health and Safety Code Section 25398.10
(a) The Director of Environmental Health Hazard Assessment shall convene an arbitration panel, if a timely petition is filed with the director, for purposes of...
- California Health and Safety Code Section 25398.11
(a) (1) The secretary shall ensure that all arbitration panels are provided with the necessary technical support services by a team of state employees with...
- California Health and Safety Code Section 25398.12
(a) No person may serve as an arbitrator for a site for which that person has a conflict of interest. A conflict of interest, for...
- California Health and Safety Code Section 25398.13
All decisions of the arbitration panel shall be made by majority vote.
- California Health and Safety Code Section 25398.14
Upon completion of an engineering design to implement an approved remedial action plan, the responsible persons for the site shall submit the design to the...
- California Health and Safety Code Section 25398.15
(a) Upon completion of a response action pursuant to a remedial action plan, the responsible person shall file a request with the department for a...
- California Health and Safety Code Section 25398.16
The department shall have the same authority with regard to a remedial action site selected for response pursuant to this chapter as the authority provided...
- California Health and Safety Code Section 25398.17
(a) A responsible person who has entered into an agreement with the department, and is in compliance with the terms of that agreement and who...
- California Health and Safety Code Section 25399
(a) A responsible person is liable to the department and the trust fund for the response costs as provided in the agreement entered into pursuant...
- California Health and Safety Code Section 25399.1
(a) The Expedited Site Remediation Trust Fund is hereby created in the State Treasury and the money in the trust fund may be expended by...
- California Health and Safety Code Section 25399.2
(a) A fund administrator shall be designated by the Governor. (b) The fund administrator shall prudently administer the trust fund and shall protect the trust...
- California Health and Safety Code Section 25400
(a) The Legislature finds and declares that a threat to the public health and safety exists wherever there is a discharge, spill, or presence of...
- California Health and Safety Code Section 25400.10
(a) The Legislature finds and declares all of the following: (1) Methamphetamine use and production are growing throughout the state. Properties may be contaminated by...
- California Health and Safety Code Section 25400.11
For purposes of this chapter, the following definitions shall apply: (a) "Authorized contractor" means a person who has been trained or received other qualifications pursuant...
- California Health and Safety Code Section 25400.12
Any term not defined expressly by this article shall have the same meaning as defined in Chapter 6.8 (commencing with Section 25300).
- California Health and Safety Code Section 25400.16
(a) Property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on an...
- California Health and Safety Code Section 25400.17
(a) Notwithstanding any other provision of law, a city, county, or city and county shall comply with the uniform regulations and standards established pursuant to...
- California Health and Safety Code Section 25400.18
Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine laboratory activity, the local health officer...
- California Health and Safety Code Section 25400.19
Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine laboratory...
- California Health and Safety Code Section 25400.20
(a) Upon completing an inspection pursuant to Section 25400.19, the local health officer shall immediately determine whether the property is contaminated. (b) If the local...
- California Health and Safety Code Section 25400.22
(a) No later than 10 working days after the date when a local health officer determines that property is contaminated pursuant to subdivision (b) of...
- California Health and Safety Code Section 25400.25
(a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine laboratory...
- California Health and Safety Code Section 25400.26
(a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine laboratory...
- California Health and Safety Code Section 25400.27
(a) If a local health officer determines that property that has been the subject of a PSA report has been remediated in accordance with this...
- California Health and Safety Code Section 25400.28
Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the property identified in...
- California Health and Safety Code Section 25400.30
(a) (1) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health...
- California Health and Safety Code Section 25400.35
A local health officer shall establish a written plan consistent with this chapter outlining the procedures to be followed for conducting the remediation to property...
- California Health and Safety Code Section 25400.36
The PSA work plan shall include, but is not limited to, all of the following: (a) The physical location of the property. (b) A summary...
- California Health and Safety Code Section 25400.37
After a preliminary site assessment is completed in accordance with the PSA work plan, a PSA report shall be prepared and submitted to the local...
- California Health and Safety Code Section 25400.38
The PSA work plan and PSA report shall be signed and notarized by the contractor responsible for the completion of the preliminary site assessment and...
- California Health and Safety Code Section 25400.40
(a) A person shall not perform a preliminary site assessment or any remediation work pursuant to this chapter, including a decontamination, demolition, or disposal, unless...
- California Health and Safety Code Section 25400.45
(a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount...
- California Health and Safety Code Section 25400.46
(a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property...
- California Health and Safety Code Section 25400.47
(a) If the registered owner of a mobilehome, manufactured home, or recreational vehicle, in or about which methamphetamine laboratory activity occurred, does not take the...
- California Health and Safety Code Section 25401
This chapter shall be known, and may be cited as, the California Land Environmental Restoration and Reuse Act.
- California Health and Safety Code Section 25401.1
For purposes of this chapter, the following terms have the following meanings: (a) "Department" means the Department of Toxic Substances Control. (b) "Hazardous material" means...
- California Health and Safety Code Section 25401.2
(a) A city or county may elect to implement this chapter. If a city or county elects to implement this chapter, the governing body of...
- California Health and Safety Code Section 25401.3
(a) A local agency that makes one of the findings specified in subdivision (b) may issue a notice to the owner or operator of a...
- California Health and Safety Code Section 25401.4
(a) If a local agency determines, based on the information provided pursuant to Section 25401.3, that a property is, or may be affected by, a...
- California Health and Safety Code Section 25401.5
(a) If the preliminary endangerment assessment prepared for the property pursuant to Section 25401.4 makes the finding described in paragraph (3) of subdivision (j) of...
- California Health and Safety Code Section 25401.6
(a) If a local agency determines that the owner or operator of a property did not submit a phase I environmental assessment or prepare a...
- California Health and Safety Code Section 25401.7
(a) (1) A local agency may initiate a remedial action pursuant to this chapter, if the governing body of the local agency, by resolution adopted...
- California Health and Safety Code Section 25401.8
(a) A local agency proposing to carry out remedial action pursuant to Section 25401.7, shall inform the community of its actions by doing all of...
- California Health and Safety Code Section 25402
(a) (1) If a local agency requires the investigation or remediation of a property pursuant to this chapter, the owner or operator of the property...
- California Health and Safety Code Section 25402.1
(a) (1) Notwithstanding any other provision of law, and except as provided in paragraph (2), a local agency that undertakes and completes a site investigation...
- California Health and Safety Code Section 25402.3
(a) Nothing in this chapter shall be construed to authorize a local agency to require a property owner or operator to develop or redevelop a...
- California Health and Safety Code Section 25404
(a) For purposes of this chapter, the following terms shall have the following meanings: (1) (A) "Certified Unified Program Agency" or "CUPA" means the agency...
- California Health and Safety Code Section 25404.1
(a) (1) All aspects of the unified program related to the adoption and interpretation of statewide standards and requirements shall be the responsibility of the...
- California Health and Safety Code Section 25404.1.1
(a) If the unified program agency determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order,...
- California Health and Safety Code Section 25404.1.2
(a) (1) An authorized representative of the UPA, who in the course of conducting an inspection, detects a minor violation, shall take an enforcement action...
- California Health and Safety Code Section 25404.1.3
(a) A unified program agency may apply to the clerk of the appropriate court for a judgment to collect an administrative penalty for an administrative...
- California Health and Safety Code Section 25404.2
(a) The unified program agencies in each jurisdiction shall do all of the following: (1) (A) The certified unified program agency shall develop and implement...
- California Health and Safety Code Section 25404.3
(a) The secretary shall, within a reasonable time after submission of a complete application for certification pursuant to Section 25404.2, and regulations adopted pursuant to...
- California Health and Safety Code Section 25404.3.1
A city or other local agency, which, as of December 31, 1999, has been designated as an administering agency pursuant to Section 25502, or has...
- California Health and Safety Code Section 25404.4
(a) (1) The secretary shall periodically review the ability of each certified unified program agency to carry out this chapter. In conducting this review, the...
- California Health and Safety Code Section 25404.5
(a) (1) Each certified unified program agency shall institute a single fee system, which shall replace the fees levied pursuant to Sections 25201.14 and 25205.14,...
- California Health and Safety Code Section 25404.6
(a) The secretary may immediately implement those aspects of the unified program which do not require statutory changes. If the secretary determines that statutory changes...
- California Health and Safety Code Section 25404.8
(a) In a county for which a CUPA has not been certified on or before January 1, 2000, and where the unified program is implemented...
- California Health and Safety Code Section 25404.9
(a) The State Certified Unified Program Agency Account (SCUPA Account) is hereby established in the General Fund and shall be administered by the department. In...
- California Health and Safety Code Section 25410
The Legislature finds and declares the following: (a) Hazardous materials, including hazardous substances and hazardous wastes, are present in the state and pose acute and...
- California Health and Safety Code Section 25411
As used in this chapter: (a) "Agency" means the Environmental Affairs Agency. (b) "Handle" means to use, generate, process, produce, package, treat, store, or dispose...
- California Health and Safety Code Section 25416
(a) All studies and community information programs conducted pursuant to this section shall be done only if either subdivision (b) applies or if funds are...
- California Health and Safety Code Section 25417
The department shall publish the consumer information booklet described in Section 10084.1 of the Business and Professions Code and distribute the booklet to the public,...
- California Health and Safety Code Section 25417.1
The department shall publish a new edition of the consumer information booklet described in Section 10084.1 of the Business and Professions Code. The booklet shall,...
- California Health and Safety Code Section 25420
For purposes of this chapter, the following definitions apply: (a) "Department" means the Department of Toxic Substances Control. (b) "Gas corporation" has the same meaning...
- California Health and Safety Code Section 25421
(a) Until the rule or order specified in subdivision (b) is adopted, no gas producer shall knowingly sell, supply, or transport landfill gas to a...
- California Health and Safety Code Section 25422
(a) Any person violating, or threatening to violate, Section 25421 may be enjoined in any court of competent jurisdiction. (b) Any person who has violated...
- California Health and Safety Code Section 25500
The Legislature declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans...
- California Health and Safety Code Section 25501
Unless the context indicates otherwise, the following definitions govern the construction of this chapter: (a) "Administering agency" means the local agency authorized, pursuant to Section...
- California Health and Safety Code Section 25501.1
Notwithstanding Section 25501, for purposes of this chapter, a hazardous substance specified in paragraph (3) of subdivision (k) of Section 25501 means those hazardous materials...
- California Health and Safety Code Section 25501.2
For purposes of the inventory requirements of this chapter, "store," as used in subdivision (i) of Section 25501, does not include the storage of hazardous...
- California Health and Safety Code Section 25501.3
"Handle" also means the use or potential for use of a quantity of hazardous material by the connection of any marine vessel, tank vehicle, tank...
- California Health and Safety Code Section 25501.4
Notwithstanding subdivision (d) of Section 25501, "business" also includes all of the following: (a) The federal government, to the extent authorized by federal law. (b)...
- California Health and Safety Code Section 25502
(a) (1) This chapter, as it pertains to the handling of hazardous material, shall be implemented by one of the following: (A) If there is...
- California Health and Safety Code Section 25503
(a) Not later than September 1, 1986, the agency shall adopt, after public hearing and consultation with the Office of the State Fire Marshal and...
- California Health and Safety Code Section 25503.1
The agency and each administering agency shall adopt reporting requirements, in cooperation with the Chemical Emergency Planning and Response Commission, established by the Governor as...
- California Health and Safety Code Section 25503.2
(a) The Environmental Affairs Agency, with the guidance of the Chemical Emergency Planning and Response Commission, as specified in Section 25503.1, shall develop a hazardous...
- California Health and Safety Code Section 25503.3
(a) The agency shall, in consultation with the administering agencies, in accordance with Section 25503.1, adopt by regulation a single comprehensive hazardous material reporting form...
- California Health and Safety Code Section 25503.4
(a) The agency shall adopt a format that allows persons subject to two or more of the following requirements to meet those requirements in one...
- California Health and Safety Code Section 25503.5
(a) (1) A business, except as provided in subdivisions (b), (c), and (d), shall establish and implement a business plan for emergency response to a...
- California Health and Safety Code Section 25503.6
Any business which is required to establish and implement a business plan pursuant to Section 25503.5 and is located on leased or rented real property...
- California Health and Safety Code Section 25503.7
(a) When any hazardous material contained in any rail car, rail tank car, rail freight container, marine vessel, or marine freight container remains within the...
- California Health and Safety Code Section 25503.8
(a) Any business not subject to subdivision (a) of Section 25503.5 which is required to submit chemical inventory information pursuant to Section 11022 of Title...
- California Health and Safety Code Section 25503.9
On or before January 1, 1995, the agency shall, in consultation with the administering agencies and the State Fire Marshal, adopt by regulation a single...
- California Health and Safety Code Section 25504
Business plans shall include all of the following: (a) The inventory of information required by Section 25509 and whatever additional information that the administering agency...
- California Health and Safety Code Section 25504.1
In accordance with Section 25503.5, a business that handles perchlorate material, as defined in subdivision (c) of Section 25210.5, shall prepare and submit to the...
- California Health and Safety Code Section 25505
(a) (1) Except as provided in subdivision (e), each handler shall submit its business plan to the administering agency in accordance with the requirements of...
- California Health and Safety Code Section 25505.1
An administering agency may use the offices of the county agricultural commissioners to distribute business plan forms to farmers who are subject to Section 25505.
- California Health and Safety Code Section 25505.2
(a) Notwithstanding any other provision of this chapter, any city or county which, on September 1, 1985, had in effect a local ordinance containing business...
- California Health and Safety Code Section 25505.5
Notwithstanding any other provision of law, no public entity shall be held liable for any injury or damages resulting from an inadequate or negligent review...
- California Health and Safety Code Section 25506
(a) The administering agency shall maintain records of all business plans received and shall index them by street address and company name. The business plan...
- California Health and Safety Code Section 25507
(a) Except as provided in subdivision (b), the handler or any employee, authorized representative, agent, or designee of a handler shall, upon discovery, immediately report...
- California Health and Safety Code Section 25507.1
(a) Any business required to submit a followup emergency notice pursuant to subdivision (c) of Section 11004 of Title 42 of the United States Code,...
- California Health and Safety Code Section 25507.2
In order to carry out the purposes of this chapter, an administering agency may train for, and respond to, the release, or threatened release, of...
- California Health and Safety Code Section 25507.3
The California Environmental Protection Agency may request any business to submit the information required to be submitted in the toxic chemical release form specified in...
- California Health and Safety Code Section 25507.10
The emergency rescue personnel, responding to the reported release or threatened release of an acutely hazardous material or to any fire or explosion involving a...
- California Health and Safety Code Section 25508
(a) In order to carry out the purposes of this chapter, any employee or authorized representative of an administering agency has the authority specified in...
- California Health and Safety Code Section 25509
(a) The annual inventory form shall include, but shall not be limited to, information on all of the following which are handled in quantities equal...
- California Health and Safety Code Section 25509.1
Notwithstanding subdivision (a) of Section 25509, an administering agency may collect any or all of the information required to be reported in an inventory form...
- California Health and Safety Code Section 25509.2
(a) The Legislature hereby finds and declares all of the following: (1) Persons attempting to do business in this state are increasingly experiencing excessive and...
- California Health and Safety Code Section 25509.3
The annual inventory required by Section 25509 shall also include the total estimated amounts of each hazardous waste handled by the business throughout the course...
- California Health and Safety Code Section 25510
Within 30 days of any one of the following events, any business subject to Section 25505 shall submit an amendment to the inventory form detailing...
- California Health and Safety Code Section 25511
(a) If a business believes that the inventory required by this chapter involves the release of a trade secret, the business shall nevertheless make the...
- California Health and Safety Code Section 25512
(a) The submission of any information required under this chapter does not affect any other liability or responsibility of a business with regard to safeguarding...
- California Health and Safety Code Section 25513
Each administering county or city may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business...
- California Health and Safety Code Section 25513.1
(a) On or before January 1, 1987, the board of supervisors of a county may, by resolution, apply to the Controller for a loan to...
- California Health and Safety Code Section 25514
(a) Any business that violates Sections 25503.5 to 25505, inclusive, or Sections 25508 to 25510, inclusive, shall be civilly liable to the administering county or...
- California Health and Safety Code Section 25514.3
Any person that knowingly violates Section 25503.5, 25503.7, 25503.8, 25505, 25508, 25509, 25509.3, 25510, or 25533 after reasonable notice of the violation, is, upon conviction,...
- California Health and Safety Code Section 25514.5
(a) Notwithstanding Section 25514, any business that violates this article is liable to an administering agency for an administrative penalty not greater than two thousand...
- California Health and Safety Code Section 25515
(a) A person or business who violates Section 25507 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000)...
- California Health and Safety Code Section 25515.1
Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this chapter by any authorized representative of an administering agency is,...
- California Health and Safety Code Section 25515.2
(a) All criminal penalties collected pursuant to this chapter shall be apportioned in the following manner: (1) Fifty percent shall be paid to the office...
- California Health and Safety Code Section 25516
When the administering agency determines that a business has engaged in, is engaged in, or is about to engage in any acts or practices which...
- California Health and Safety Code Section 25516.1
Every civil action brought under this chapter shall be brought by the city attorney, district attorney, or Attorney General in the name of the people...
- California Health and Safety Code Section 25516.2
(a) In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is...
- California Health and Safety Code Section 25517
(a) Any person who provides information which materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 25514,...
- California Health and Safety Code Section 25517.5
(a) The agency may develop materials, such as guidelines and informational pamphlets, to assist businesses to fulfill their obligations under this chapter. (b) The agency...
- California Health and Safety Code Section 25518
This chapter shall be construed liberally so as to accomplish the intent of the Legislature in protecting the public health and safety and the environment.
- California Health and Safety Code Section 25519
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions...
- California Health and Safety Code Section 25520
The agency, not later than January 10, 1986, shall adopt emergency regulations for the immediate report of release or threatened release of a hazardous material...
- California Health and Safety Code Section 25531
(a) The Legislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine, process, and transport hazardous...
- California Health and Safety Code Section 25531.1
The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and...
- California Health and Safety Code Section 25531.2
(a) The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, the California Emergency Management...
- California Health and Safety Code Section 25532
Unless the context indicates otherwise, the following definitions govern the construction of this article: (a) "Accidental release" means an unanticipated emission of a regulated substance...
- California Health and Safety Code Section 25533
(a) The program for prevention of accidental releases of regulated substances adopted by the Environmental Protection Agency pursuant to subsection (r) of Section 112 of...
- California Health and Safety Code Section 25534
(a) For any stationary source with one or more covered processes, the administering agency shall make a preliminary determination as to whether there is a...
- California Health and Safety Code Section 25534.05
(a) The office, in consultation with the administering agencies, industry, the public, and other interested parties, shall adopt regulations, initially as emergency regulations, for all...
- California Health and Safety Code Section 25534.06
(a) A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do...
- California Health and Safety Code Section 25534.1
Each RMP required to be prepared pursuant to this article shall give consideration to the proximity of the facility or proposed facility to populations located...
- California Health and Safety Code Section 25534.2
Any new or modified stationary source which is required to prepare an RMP pursuant to this article shall be subject to the requirements of Section...
- California Health and Safety Code Section 25534.5
The administering agency with jurisdiction over a stationary source or facility may have access to inspect the stationary source and review all technical and other...
- California Health and Safety Code Section 25535
(a) An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to the administering agency after...
- California Health and Safety Code Section 25535.1
(a) Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required...
- California Health and Safety Code Section 25535.2
Within 15 days after the administering agency determines that an RMP is complete, the administering agency shall make the RMP available to the public for...
- California Health and Safety Code Section 25535.5
Any fee imposed on any stationary source to cover the administering agency's cost of implementing the accidental release prevention program pursuant to this article shall...
- California Health and Safety Code Section 25536
(a) Any stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date specified...
- California Health and Safety Code Section 25536.5
(a) Any business which was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on...
- California Health and Safety Code Section 25537
(a) The administering agency shall inspect every stationary source required to be registered pursuant to this article at least once every three years to determine...
- California Health and Safety Code Section 25537.5
(a) Where a stationary source has one or more covered processes, and is subject to the requirements of Article 1 (commencing with Section 25500) for...
- California Health and Safety Code Section 25538
(a) If a stationary source believes that any information required to be reported, submitted, or otherwise provided to the administering agency pursuant to this article...
- California Health and Safety Code Section 25539
The office and each administering agency, in implementing this article, shall, upon request, involve and cooperate with local and state government officials, emergency planning committees,...
- California Health and Safety Code Section 25540
(a) Any person or stationary source that violates this article shall be civilly liable to the administering agency in an amount of not more than...
- California Health and Safety Code Section 25540.1
A person or stationary source that knowingly violates this article after reasonable notice of the violation is guilty of a misdemeanor and may, upon conviction,...
- California Health and Safety Code Section 25540.5
Any person or stationary source who violates any rule or regulation, emission limitation, permit condition, order, fee requirement, filing requirement, duty to allow or carry...
- California Health and Safety Code Section 25541
Any person or stationary source who knowingly makes any false material statement, representation or certification in any record, report, or other document filed, maintained, or...
- California Health and Safety Code Section 25541.3
Any person or stationary source who knowingly violates any requirement of this article, including any fee or filing requirement, for which delegation of federal implementation...
- California Health and Safety Code Section 25541.5
If civil penalties are recovered pursuant to Section 25540 or 25540.5, the same offense shall not be the subject of a criminal prosecution pursuant to...
- California Health and Safety Code Section 25542
(a) It is the intent of the Legislature that for those facilities with an RMP incorporating some, or all, of the federal or state process...
- California Health and Safety Code Section 25543
The office shall obtain and maintain state delegation of the federal accidental release prevention program established pursuant to subsection (r) of Section 7412 of Title...
- California Health and Safety Code Section 25543.1
(a) Any person may submit a petition to the office for the addition of a material to, or for the deletion of a material from,...
- California Health and Safety Code Section 25543.2
(a) A stationary source that intends to modify a facility which may result either in a significant increase in the amount of regulated substances handled...
- California Health and Safety Code Section 25543.3
On or before June 30, 1998, the office, in consultation with the Office of Environmental Health Hazard Assessment, shall do all of the following: (a)...
- California Health and Safety Code Section 25545
The agency shall develop informational guidelines for facilities required to comply with Chapter 116 (commencing with Section 11001) of Title 42 of the United States...
- California Health and Safety Code Section 25546
The Legislature finds and declares all of the following: (a) The people of California have the right to know the hazards posed by toxic releases...
- California Health and Safety Code Section 25546.1
This article shall be known, and may be cited, as the "California Toxic Release Inventory Program Act of 2007."
- California Health and Safety Code Section 25546.2
For purposes of this article, the following definitions shall apply: (a) "Department" means the Department of Toxic Substances Control. (b) "Facility" means a facility subject...
- California Health and Safety Code Section 25546.3
(a) On or before January 1, 2009, the department shall develop and implement the California Toxic Release Inventory Program pursuant to this article. (b) Notwithstanding...
- California Health and Safety Code Section 25546.4
(a) The program established pursuant to this article shall require a facility to submit a toxic chemical release form to the department, in accordance with...
- California Health and Safety Code Section 25546.5
(a) The department may adopt regulations to implement the program as emergency regulations. The emergency regulations adopted pursuant to this section shall be adopted by...
- California Health and Safety Code Section 25548
(a) The Legislature hereby finds and declares all of the following: (1) There is uncertainty in the law of this state with regard to the...
- California Health and Safety Code Section 25548.1
As used in this chapter, the following terms have the following meaning: (a) "Actual benefit" means the amount, if any, realized by the lender upon...
- California Health and Safety Code Section 25548.2
(a) (1) Except as provided in Sections 25548.4 and 25548.5, a person, by reason of acting in the capacity of a lender, shall not be...
- California Health and Safety Code Section 25548.3
(a) Except as provided in Sections 25548.4 and 25548.5 of this code, and in Sections 18001 and 18002 of the Probate Code, the liability of...
- California Health and Safety Code Section 25548.4
This chapter does not do any of the following: (a) Affect any rights, defenses, or immunities that are available to any lender or fiduciary under...
- California Health and Safety Code Section 25548.5
The exemptions set forth in Sections 25548.2 and 25548.3 shall not apply: (a) If, after foreclosure or its equivalent is conducted, the lender does not...
- California Health and Safety Code Section 25548.6
A lender's compliance with the requirements of this chapter with regard to property that has been acquired by the lender through foreclosure or its equivalent...
- California Health and Safety Code Section 25548.7
(a) If a provision of this chapter would result in any of the actions specified in subdivision (b), the provision shall be deemed inoperative. However,...
- California Health and Safety Code Section 25550
If requested by an organization representing local businesses, a county shall meet with representatives of local businesses to determine whether there is a need for...
- California Health and Safety Code Section 25551
A county which establishes a hazardous materials information and consulting service pursuant to this chapter shall do all of the following: (a) Develop informational materials...
- California Health and Safety Code Section 25551.2
A county may contract with another county, or enter into a memorandum of agreement with one or more nearby counties, to provide consulting services for...
- California Health and Safety Code Section 25552
(a) A county that establishes a program pursuant to Section 25550 shall, prior to establishing a fee structure pursuant to subdivision (a) of Section 25553,...
- California Health and Safety Code Section 25553
(a) (1) Each county may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from businesses which request...
- California Health and Safety Code Section 25570
(a) The Legislature hereby finds and declares all of the following: (1) The public has a low level of confidence in the ability of government...
- California Health and Safety Code Section 25570.1
This chapter shall be known and cited as the "Environmental Quality Assessment Act of 1986."
- California Health and Safety Code Section 25570.2
For purposes of this chapter, the following terms have the following meaning: (a) "Air board" means the State Air Resources Board. (b) "Cal-OSHA" means the...
- California Health and Safety Code Section 25570.3
(a) The director, in consultation with the Water Board, the Air Board, the Division of Occupational Safety and Health in the Department of Industrial Relations,...
- California Health and Safety Code Section 25570.4
Nothing in this article shall be construed to authorize a person registered as an environmental assessor pursuant to Section 25570.3 to practice civil, electrical, or...
- California Health and Safety Code Section 25910
(a) Except as provided in subdivision (c), (d), or (e), no person shall cause or permit the spraying of any substance containing any amount of...
- California Health and Safety Code Section 25910.5
(a) The State Department of Health Services shall adopt regulations prohibiting or regulating the use of asbestos notwithstanding Section 25910 if the state department finds...
- California Health and Safety Code Section 25911
Any violation of this chapter shall be a misdemeanor.
- California Health and Safety Code Section 25912
Any building department of any city, county, city and county, or other enforcement agency charged with issuance and enforcement of building permits shall revoke any...
- California Health and Safety Code Section 25913
(a) (1) The Division of Occupational Safety and Health of the Department of Industrial Relations shall enforce this chapter with respect to the safety of...
- California Health and Safety Code Section 25914
The Legislature hereby finds and declares that it is the public policy of the state to ensure that work performed on behalf of the public...
- California Health and Safety Code Section 25914.1
For purposes of this chapter, the following definitions shall apply: (a) "Asbestos" has the same meaning as defined in Section 6501.7 of the Labor Code....
- California Health and Safety Code Section 25914.2
(a) All asbestos-related work and hazardous substance removal shall be performed pursuant to a contract separate from any other work to be performed, when the...
- California Health and Safety Code Section 25914.3
Notwithstanding any other provision of law, a contractor who is not certified pursuant to Section 7058.6 of the Business and Professions Code may bid on...
- California Health and Safety Code Section 25915
(a) Notwithstanding any other provision of law, the owner of any building constructed prior to 1979, who knows that the building contains asbestos-containing construction materials,...
- California Health and Safety Code Section 25915.1
(a) An owner may elect to prepare an asbestos management plan for any building subject to this chapter, and in that case may, upon implementation...
- California Health and Safety Code Section 25915.2
(a) Notice provided pursuant to this chapter shall be provided in writing to each individual employee, and shall be mailed to other owners designated to...
- California Health and Safety Code Section 25915.5
(a) An owner required to give notice to employees pursuant to this chapter, in addition to notifying his or her employees, shall mail, in accordance...
- California Health and Safety Code Section 25916
If any construction, maintenance, or remodeling is conducted in an area of the building area where there is the potential for employees to come into...
- California Health and Safety Code Section 25916.5
(a) When there is more than one owner of a building or part of a building subject to this chapter, the owners may agree in...
- California Health and Safety Code Section 25917
An owner shall make available, for review and photocopying, to other owners and all of his or her employees or those employees' representatives at an...
- California Health and Safety Code Section 25917.5
If an asbestos information system or statewide asbestos register, or both, is established subsequent to the designing of the system and register pursuant to paragraphs...
- California Health and Safety Code Section 25918
"Asbestos," as used in this chapter, has the same meaning as defined in Section 6501.7 of the Labor Code.
- California Health and Safety Code Section 25919
"Asbestos-containing construction material," as used in this chapter, means any manufactured construction material, including structural, mechanical and building material, which contains more than one-tenth of...
- California Health and Safety Code Section 25919.2
"Building," as used in this chapter, means all or part of any "public and commercial building," as defined in Section 2642 of Title 15 of...
- California Health and Safety Code Section 25919.3
"Employee," as used in this chapter, means every person who is required or directed by any employer, to engage in any employment, and who performs...
- California Health and Safety Code Section 25919.4
"Employee's representative," as used in this chapter, means an employee's union representative, a member of the employee's immediate family, a nonrelated member of the employee's...
- California Health and Safety Code Section 25919.5
"Owner," as used in this chapter, means an owner, lessee, sublessee, or agent of the owner of a building or part of a building, including,...
- California Health and Safety Code Section 25919.6
"Agent," as used in this chapter, means a person acting in accordance with Title 9 (commencing with Section 2295) of Part 4 of Division 3...
- California Health and Safety Code Section 25919.7
Any owner who knowingly or intentionally fails to comply with this chapter, or who knowingly or intentionally presents any false or misleading information to employees...
- California Health and Safety Code Section 25925
(a) "Asbestos" means naturally occurring fibrous hydrated mineral silicates, including chrysotile, crocidolite, amosite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite. (b) "Asbestos materials" means materials...
- California Health and Safety Code Section 25926
The Legislature finds that: (a) Substantial medical and scientific evidence indicates that human exposure to asbestos fibers significantly increases the risk of contracting cancer and...
- California Health and Safety Code Section 25927
It is the intent of the Legislature to ensure the safety of the public and of public employees by creating an interdepartmental task force composed...
- California Health and Safety Code Section 25929
If any building standards are adopted pursuant to this chapter, the standards shall be placed in the appropriate sections of the State Building Standards Code,...
- California Health and Safety Code Section 25965
A warning label shall be affixed near the thermostat of all new water heaters to be sold in the state for residential use. This warning...
- California Health and Safety Code Section 25968
(a) The State Department of Health Services shall annually obtain from the federal Food and Drug Administration any condom testing data, developed under Compliance Policy...
- California Health and Safety Code Section 25980
For purposes of this section, the following terms have the following meanings: (a) A bird includes, but is not limited to, a duck or goose....
- California Health and Safety Code Section 25981
A person may not force feed a bird for the purpose of enlarging the bird's liver beyond normal size, or hire another person to do
- California Health and Safety Code Section 25982
A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird's...
- California Health and Safety Code Section 25983
(a) A peace officer, officer of a humane society as qualified under Section 14502 or 14503 of the Corporations Code, or officer of an animal...
- California Health and Safety Code Section 25984
(a) Sections 25980, 25981, 25982, and 25983 of this chapter shall become operative on July 1, 2012. (b) (1) No civil or criminal cause of...
- California Health and Safety Code Section 25988
A peace officer, officer of a humane society as qualified under Section 14502 or 14503 of the Corporations Code, or officer of an animal control...
- California Health and Safety Code Section 25988.5
(a) Citations issued pursuant to Section 25988 shall require the person cited to pay a civil penalty in the amount of one hundred dollars ($100)...
- California Health and Safety Code Section 25989.1
(a) Any traveling circus or carnival that performs in this state shall do both of the following: (1) Notify each entity that provides animal control...
- California Health and Safety Code Section 25990
Prohibitions. In addition to other applicable provisions of law, a person shall not tether or confine any covered animal, on a farm, for all or...
- California Health and Safety Code Section 25991
Definitions. For the purposes of this chapter, the following terms have the following meanings: (a) "Calf raised for veal" means any calf of the bovine...
- California Health and Safety Code Section 25992
Exceptions. This chapter shall not apply: (a) During scientific or agricultural research. (b) During examination, testing, individual treatment or operation for veterinary purposes. (c) During...
- California Health and Safety Code Section 25993
Enforcement. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by...
- California Health and Safety Code Section 25994
Construction of Chapter. The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare, including the...
- California Health and Safety Code Section 25995
The Legislature finds and declares all of the following: (a) According to the Pew Commission on Industrial Farm Production, food animals that are treated well...
- California Health and Safety Code Section 25996
Commencing January 1, 2015, a shelled egg shall not be sold or contracted for sale for human consumption in California if it is the product...
- California Health and Safety Code Section 25997
Any person who violates this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one...
- California Health and Safety Code Section 25997.1
The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare, including the Penal Code. This...
- California Health and Safety Code Section 25997
Glazing materials subject to human impact in residential, commercial, and public buildings shall, to the extent not preempted by federal law, comply with the provisions...
- California Health and Safety Code Section 25997.3
Each light of safety glazing material installed in hazardous locations, as specified by subdivision (d) of Section 5406 of the 1982 edition of the Uniform...
- California Health and Safety Code Section 25997.4
It shall be unlawful within the state to knowingly install, consent, or cause to be installed, glazing materials in any hazardous location other than as...
- California Health and Safety Code Section 25997.6
No liability under this chapter shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with...
- California Health and Safety Code Section 25997.8
Any person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than five...
- California Health and Safety Code Section 25998
The provisions of this chapter shall apply in all parts of the state.
- California Health and Safety Code Section 25998.2
The provisions of this chapter shall be administered and enforced pursuant to Chapter 5 (commencing with Section 17960) of Part 1.5 of Division 13.
- California Health and Safety Code Section 25999
If asbestos-containing materials are used in an air duct system which is installed in any building in the state on or after the effective date...
- California Health and Safety Code Section 26100
This chapter shall be known, and may be cited, as the Toxic Mold Protection Act of 2001.
- California Health and Safety Code Section 26101
For purposes of this chapter, the following definitions apply: (a) "Affect" means to cause a condition by the presence of mold in the dwelling unit,...
- California Health and Safety Code Section 26101.5
All standards that the department develops pursuant to this chapter shall be in accordance with existing administrative law procedures applicable to the development of regulations.
- California Health and Safety Code Section 26101.7
The department shall convene a task force which shall advise the department on the development of standards pursuant to Sections 26103, 26105, 26106, 26120, and...
- California Health and Safety Code Section 26102
The department shall consider the feasibility of adopting permissible exposure limits to mold in indoor environments.
- California Health and Safety Code Section 26103
(a) If the department finds that adopting permissible exposure limits to mold in indoor environments is feasible, the department, in consultation with the task force...
- California Health and Safety Code Section 26104
(a) (1) The department shall, at the time it commences preparation of the permissible exposure limits to mold, provide notice electronically by posting on its...
- California Health and Safety Code Section 26105
(a) The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt practical standards to assess the health threat posed by...
- California Health and Safety Code Section 26106
The department may develop alternative assessment standards applicable for facilities, which may include hospitals, child care facilities, and nursing homes, whose primary business is to...
- California Health and Safety Code Section 26107
(a) (1) The department shall, at the time it commences preparation of standards for the assessment of molds, provide notice electronically by posting on its...
- California Health and Safety Code Section 26120
The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt mold identification guidelines for the recognition of mold, water damage,...
- California Health and Safety Code Section 26121
Identification guidelines shall include scientifically valid methods to identify the presence of mold including elements for collection of air, surface and bulk samples, visual identification,...
- California Health and Safety Code Section 26122
(a) Identification guidelines developed by the department shall do all of the following: (1) Avoid adverse effects on the health of the general population, with...
- California Health and Safety Code Section 26123
The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency or other...
- California Health and Safety Code Section 26124
(a) The department shall, at the time it commences preparation of identification guidelines for mold, electronically post on its Internet Web site a notice that...
- California Health and Safety Code Section 26125
All identification guidelines for mold published by the department shall be reviewed at least once every five years and revised, as necessary, based upon the...
- California Health and Safety Code Section 26130
The department, in consultation with the task force convened pursuant to Section 26101.7, shall develop and disseminate remediation guidelines for molds in indoor environments.
- California Health and Safety Code Section 26131
(a) Remediation guidelines for mold developed by the department shall do all of the following: (1) Provide practical guidance for the removal of mold and...
- California Health and Safety Code Section 26132
(a) The department shall, at the time it commences preparation of remediation guidelines for mold, electronically post on its Internet Web site, a notice that...
- California Health and Safety Code Section 26133
The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency or other...
- California Health and Safety Code Section 26134
(a) The department shall make available to the public upon request, information about contracting for the removal of mold in a building or surrounding environment,...
- California Health and Safety Code Section 26140
(a) Subject to subdivisions (b), (c), and (d), a seller or transferor of commercial or industrial real property shall provide written disclosure to prospective buyers...
- California Health and Safety Code Section 26141
(a) Subject to subdivisions (c), (d), and (e), commercial and industrial landlords shall provide written disclosure to prospective and current tenants of the affected units...
- California Health and Safety Code Section 26142
(a) Any tenant of a commercial or industrial real property who knows that mold is present in the building, heating system, ventilating or air-conditioning system,...
- California Health and Safety Code Section 26143
(a) Commercial and industrial landlords, who know or have notice that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant...
- California Health and Safety Code Section 26144
The requirements of this article shall not apply to properties where the tenant is contractually responsible for maintenance of the property, including any remedial action.
- California Health and Safety Code Section 26145
(a) Any tenant of a commercial or industrial real property who knows or is informed that mold is present in the building, heating system, ventilating...
- California Health and Safety Code Section 26146
(a) A public entity that owns, leases, or operates a building shall provide written disclosure to all building occupants and prospective tenants as specified in...
- California Health and Safety Code Section 26147
(a) Subject to subdivisions (b), (d), and (e), residential landlords shall provide written disclosure to prospective and current tenants of the affected units as specified...
- California Health and Safety Code Section 26148
(a) Residential landlords shall provide written disclosure to prospective tenants of the potential health risks and the health impact that may result from exposure to...
- California Health and Safety Code Section 26149
(a) Nothing in this article shall relieve a seller, transferor, lessor, agent, landlord, or tenant from any responsibility for compliance with other obligations, laws, ordinances,...
- California Health and Safety Code Section 26150
(a) Nothing in this article shall affect the existing obligations of the parties or transferor to a real estate contract, or their agents, to disclose...
- California Health and Safety Code Section 26151
The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law,...
- California Health and Safety Code Section 26152
All items subject to disclosure requirements pursuant to this article shall be subject to enforcement pursuant to Article 5 (commencing with Section 26154).
- California Health and Safety Code Section 26153
Neither the transferor nor any listing or selling agent shall be held liable for any error, inaccuracy, or omission of any information delivered pursuant to...
- California Health and Safety Code Section 26154
Public health officers, code enforcement officers, environmental health officers, city attorneys, and any other appropriate government entities may respond to complaints about mold and may...
- California Health and Safety Code Section 26155
After the State Department of Health Services, pursuant to administrative law procedures, submits the proposed regulations developed pursuant to this chapter, the Department of Consumer...
- California Health and Safety Code Section 26156
This chapter shall be implemented only to the extent that the department determines that funds are available for the implementation of this chapter.
- California Health and Safety Code Section 26157
(a) The department may receive voluntary contributions to support the department's activities in providing guidance, developing standards and guidelines and permissible exposure limits, and adopting...
- California Health and Safety Code Section 26200
(a) The California Research Bureau, in consultation with the State Department of Health Services, shall perform a study and publish findings on fungal contamination affecting...
- California Health and Safety Code Section 26201
The review panel shall examine the following areas relating to fungal contamination in indoor environments: (a) Medical and public health. (b) Evaluation and monitoring. (c)...
- California Health and Safety Code Section 26202
The panel shall review and, to the extent resources and expertise permit, make findings on all of the following: (a) The health effects of exposure...
- California Health and Safety Code Section 26203
(a) By January 1, 2003, the California Research Bureau shall submit to the Legislature and the Director of Health Services the published findings of the...
- California Health and Safety Code Section 26204
Of the funds identified in provision (2) of Item 6120-011-0001 of the Budget Act of 2001, twenty-five thousand dollars ($25,000) shall be made available to...
- California Health and Safety Code Section 32000
This division shall be known and may be cited as "The Local Health Care District Law." Any reference in any statute to the Local Hospital...
- California Health and Safety Code Section 32000.1
For purposes of this division, both of the following shall apply: (a) Any reference to "hospital district" or "district" shall mean "health care district," and...
- California Health and Safety Code Section 32001
A local hospital district may be organized, incorporated and managed, as provided in this division and may exercise the powers herein granted or necessarily implied....
- California Health and Safety Code Section 32002
The manner of formation of local hospital districts, and the conducting of all hospital district elections, unless otherwise provided in this division shall be as...
- California Health and Safety Code Section 32002.31
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a...
- California Health and Safety Code Section 32002.32
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of...
- California Health and Safety Code Section 32002.33
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time...
- California Health and Safety Code Section 32002.34
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be...
- California Health and Safety Code Section 32003
Whenever the formation of a local hospital district is desired, a petition may be presented at a regular meeting of the supervising authority of the...
- California Health and Safety Code Section 32100
The elective officers of a local hospital district shall be a board of hospital directors consisting of five members, each of whom shall be a...
- California Health and Safety Code Section 32100.001
The board of hospital directors shall meet on the first Monday subsequent to 30 days after the completion of organization of the district and shall...
- California Health and Safety Code Section 32100.01
A petition to increase the number of members of the board of directors of any district providing at least 225 hospital beds from five to...
- California Health and Safety Code Section 32100.02
The election of directors to fill the additional vacancies on the board created by expansion shall be an election at large. A director elected at...
- California Health and Safety Code Section 32100.03
If the majority of votes cast in the election specified in Section 32100.01 are in favor of expansion of the board of directors, the board...
- California Health and Safety Code Section 32100.04
A district which has added additional directors pursuant to Section 32100.01, but has not been divided into zones, may, in the manner provided by Section...
- California Health and Safety Code Section 32100.05
(a) Notwithstanding Sections 32100 and 32100.01, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more...
- California Health and Safety Code Section 32100.1
A petition for election of directors by zones may be signed and filed with the board of directors by registered voters residing within a local...
- California Health and Safety Code Section 32100.2
Notwithstanding any other provision of law, the term of any member of the board of directors shall expire if he or she is absent from...
- California Health and Safety Code Section 32100.3
(a) Notwithstanding Section 32100, the members of the first board of directors of a health care district formed, after the effective date of the act...
- California Health and Safety Code Section 32100.5
A hospital district general election shall be held in each local hospital district on the first Tuesday after the first Monday in November in each...
- California Health and Safety Code Section 32100.6
Notwithstanding any other provision of law, the voters of the Eden Township Hospital District may file a petition with its board of directors pursuant to...
- California Health and Safety Code Section 32100.7
Notwithstanding Section 32100.01, the Board of Directors of Valley Health System, a local hospital district, may adopt a resolution to increase the number of members...
- California Health and Safety Code Section 32101
All registered voters residing within the territory comprising a district organized under this division are qualified electors.
- California Health and Safety Code Section 32103
The board of directors shall serve without compensation except that the board of directors, by a resolution adopted by a majority vote of the members...
- California Health and Safety Code Section 32104
The board of directors shall provide for the time and place of holding its regular meetings and the manner of calling the same, and shall...
- California Health and Safety Code Section 32106
(a) Except as provided in this section, Section 32155, or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of...
- California Health and Safety Code Section 32107
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- California Health and Safety Code Section 32110
(a) Except as provided in subdivision (d), no person who is a director, policymaking management employee, or medical staff officer of a hospital owned or...
- California Health and Safety Code Section 32111
(a) A member of a health care district's medical or allied health professional staff who is an officer of the district shall not be deemed...
- California Health and Safety Code Section 32121
Each local district shall have and may exercise the following powers: (a) To have and use a corporate seal and alter it at its pleasure....
- California Health and Safety Code Section 32121.1
By resolution, the board of directors of a local hospital district may delegate to its administrator the power to employ (subject to the pleasure of...
- California Health and Safety Code Section 32121.2
Except as provided in this section, by resolution, the board of directors of a local hospital district may authorize the disposition of any surplus property...
- California Health and Safety Code Section 32121.3
(a) Notwithstanding any other provision of law, a hospital district, or any affiliated nonprofit corporation upon a finding by the board of directors of the...
- California Health and Safety Code Section 32121.4
Notwithstanding any other provision of law, a hospital district or any affiliated nonprofit corporation, upon a finding by the board of directors of the district...
- California Health and Safety Code Section 32121.5
Notwithstanding any other provision of this division, a local hospital district may enter into a contract of employment with a hospital administrator, the duration of...
- California Health and Safety Code Section 32121.7
Notwithstanding any other provision of law, the transfer of assets by El Camino Hospital, a California nonprofit public benefit corporation ("El Camino Hospital-Corporation") that owns...
- California Health and Safety Code Section 32121.8
The El Camino Hospital-Corporation may provide for the operation and maintenance through tenants of the whole or any part of the El Camino Hospital, and...
- California Health and Safety Code Section 32121.9
A district that leases or transfers its assets to a corporation pursuant to this division, including, but not limited to, subdivision (p) of Section 32121...
- California Health and Safety Code Section 32122
The board of directors may purchase all necessary surgical instruments and hospital equipment and equipment for nurses' homes and all other property necessary for equipping...
- California Health and Safety Code Section 32123
The board of directors may purchase such real property, and erect or rent and equip such buildings or building, room or rooms as may be...
- California Health and Safety Code Section 32124
The board of directors may establish a nurses' training school in connection with the hospital, prescribe a course of study for such training and after...
- California Health and Safety Code Section 32125
(a) The board of directors shall be responsible for the operation of all health care facilities owned or leased by the district, according to the...
- California Health and Safety Code Section 32126
(a) The board of directors may provide for the operation and maintenance through tenants of the whole or any part of any hospital acquired or...
- California Health and Safety Code Section 32126.3
Notwithstanding any provision of law to the contrary, the lease in existence immediately preceding January 1, 2006, between the Grossmont Healthcare District and the Grossmont...
- California Health and Safety Code Section 32126.5
(a) The board of directors of a hospital district or any affiliated nonprofit corporation may do any of the following when it determines that the...
- California Health and Safety Code Section 32127
The hospital district shall establish its own treasury and shall appoint a treasurer charged with the safekeeping and disbursal of the funds in the treasury...
- California Health and Safety Code Section 32127.1
Notwithstanding any other provision of law, the board of directors of any district which is licensed to have 85 beds and located within a county...
- California Health and Safety Code Section 32127.2
Exclusively for the purpose of securing state insurance of financing for the construction of new health facilities, the expansion, modernization, renovation, remodeling and alteration of...
- California Health and Safety Code Section 32127.3
(a) Exclusively for the purpose of securing federal mortgage insurance, federal loans, federal loans or grants or guaranteed loans issued pursuant to the federal Consolidated...
- California Health and Safety Code Section 32127.5
(a) Upon the adoption of a resolution of the board of directors of the district so providing, all funds on hand in the treasury of...
- California Health and Safety Code Section 32128
(a) The rules of the hospital, established by the board of directors pursuant to this article, shall include all of the following: (1) Provision for...
- California Health and Safety Code Section 32128.10
No hospital established by the board of directors pursuant to this article which permits sterilization operations for contraceptive purposes to be performed therein, nor the...
- California Health and Safety Code Section 32129
Notwithstanding the provisions of the Medical Practice Act, the board of directors of a hospital district or any affiliated nonprofit corporation may contract with physicians...
- California Health and Safety Code Section 32129.5
Notwithstanding any other provision of law, the board of directors of a hospital district or any affiliated nonprofit corporation may contract with a physician and...
- California Health and Safety Code Section 32130
A district may borrow money and incur indebtedness in an amount not to exceed 85 percent of all estimated income and revenue for the current...
- California Health and Safety Code Section 32130.1
A district is also authorized, when funds are needed to meet current expenses of maintenance and operation, to borrow money on certificates of indebtedness or...
- California Health and Safety Code Section 32130.2
(a) A district may, by resolution adopted by a majority of the district board, issue negotiable promissory notes to acquire funds for any district purposes...
- California Health and Safety Code Section 32130.5
The first board of directors of a district may, within a period of two years from and after the formation of the district, pursuant to...
- California Health and Safety Code Section 32130.6
Notwithstanding any other provision of law, a district may do any of the following by resolution adopted by a majority of the district board: (a)...
- California Health and Safety Code Section 32131
The board of directors may maintain membership in any local, state or national group or association organized and operated for the promotion of the public...
- California Health and Safety Code Section 32132
(a) Except as otherwise provided in this section, or in Chapter 3.2 (commencing with Section 4217.10) of Division 5 of Title 1 of the Government...
- California Health and Safety Code Section 32132.5
(a) Notwithstanding Section 32132 or any other provision of law, upon approval by the board of directors of the Sonoma Valley Health Care District, the...
- California Health and Safety Code Section 32133
At least once each year the board shall engage the services of a qualified accountant of accepted reputation to conduct an audit of the books...
- California Health and Safety Code Section 32134
The effective date of any contract entered into for the construction and leasing of any hospital building or facilities shall be the date of execution...
- California Health and Safety Code Section 32136
The board of directors may, without following the bidding provisions in Section 32132 hereof, let contracts for work to be done or for materials and...
- California Health and Safety Code Section 32137
The board of directors may, by resolution, change the name of the district. The change in the name of the district shall be effective upon...
- California Health and Safety Code Section 32138
(a) The board of directors shall acquire electronic data processing and telecommunications goods and services with a cost to the district of more than twenty-five...
- California Health and Safety Code Section 32150
The board of directors shall adopt reasonable rules and regulations, or bylaws, providing for appellate review of any action, decision, or recommendation of the medical...
- California Health and Safety Code Section 32151
The secretary of the board of directors or the hospital administrator shall mail notice of the action or decision to the affected applicant or medical...
- California Health and Safety Code Section 32154
The board or the hearing officer, if one is appointed, shall have the same power with respect to the issuance of subpoenas and subpoenas duces...
- California Health and Safety Code Section 32155
The board of directors may order that the hearing pursuant to this article, and hearings on the reports of the hospital medical audit or quality...
- California Health and Safety Code Section 32200
Any district formed pursuant to this division may be financed by assessment on real and personal property within the district, pursuant to this chapter.
- California Health and Safety Code Section 32202
The board of supervisors shall thereupon levy upon the taxable property of the district within its own county a tax sufficient in amount to maintain...
- California Health and Safety Code Section 32203
The tax, exclusive of the levy for the payment of the principal and interest of bonds and any special assessment voted hereunder, and exclusive of...
- California Health and Safety Code Section 32204
The tax shall be computed, entered upon the tax rolls and collected in the same manner as county taxes are computed, entered and collected. Such...
- California Health and Safety Code Section 32205
An election on the formation of a hospital district in and around the City of Dos Palos in the County of Merced, may be combined...
- California Health and Safety Code Section 32221
The board of directors may establish a fund for capital outlays; provided, that no part of said fund shall be used for acquisition of additional...
- California Health and Safety Code Section 32222
At any time after the creation of a capital outlay fund, the board of directors may transfer to such fund any unencumbered surplus funds remaining...
- California Health and Safety Code Section 32223
Whenever a capital outlay fund is established, it shall be used only for such purposes, except the board of directors may, by a four-fifths vote...
- California Health and Safety Code Section 32240
Whenever it is desired that expenditures be made by the district for the acquisition, construction, maintenance, or alteration of work for the purpose of facilitating...
- California Health and Safety Code Section 32241
An election shall be held to authorize such assessment and may be called by the board of directors of the district in its discretion. Such...
- California Health and Safety Code Section 32242
The resolution of the board of directors calling an election to decide whether a special assessment shall be levied, in addition to all other matters...
- California Health and Safety Code Section 32243
If two-thirds of the votes cast at the election are in favor of the special assessment, the board of directors shall cause the assessment to...
- California Health and Safety Code Section 32300
Bonds may be issued by a district for the purpose of acquiring, maintaining, constructing, or altering work, or for the purpose of funding the district's...
- California Health and Safety Code Section 32300.1
In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with...
- California Health and Safety Code Section 32300.2
Bonds may be issued by a district for the purpose of refunding any or all of the outstanding bonds or other indebtedness of the district.
- California Health and Safety Code Section 32301
An election shall be held to authorize the issuance of any bonds of a district. The board of directors of a district may call such...
- California Health and Safety Code Section 32302
The resolution of the board of directors calling a bond election, in addition to all of the matters required by this division for a resolution...
- California Health and Safety Code Section 32303
The board of directors by resolution entered on its minutes shall prescribe the form of the bonds and of the interest coupons attached thereto, shall...
- California Health and Safety Code Section 32304
Bonds first to mature in each issue shall mature not later than five years from the date of issuance thereof; and those last to mature...
- California Health and Safety Code Section 32305
The rate of interest to be borne by bonds issued under the authority of this chapter shall be fixed by the board of directors. The...
- California Health and Safety Code Section 32306
Bonds issued under the authority of this chapter shall be of such denomination or denominations as the board of directors may prescribe.
- California Health and Safety Code Section 32307
All bonds issued pursuant to this chapter shall be signed by the presiding officer and attested by the secretary of the board of directors of...
- California Health and Safety Code Section 32308
No hospital district shall incur a bonded indebtedness exceeding 10 percent of the assessed value of all the taxable property in the district as shown...
- California Health and Safety Code Section 32309
The board of directors may, from time to time, sell bonds in such quantities as may be necessary and most advantageous to raise money for...
- California Health and Safety Code Section 32310
Bonds shall be sold for at least par value. Before making any sales, the board of directors of the district shall, by resolution entered on...
- California Health and Safety Code Section 32311
At the time appointed, the board of directors shall open the proposals, and may sell the bonds or any portion thereof to the highest responsible...
- California Health and Safety Code Section 32312
The board or boards of supervisors of the county or counties in which the district lies shall, at the time of fixing the general tax...
- California Health and Safety Code Section 32314
The board may provide that any bond issued by the district may be subject to call and retirement prior to maturity at such times and...
- California Health and Safety Code Section 32315
Notwithstanding any other provision of law, a local hospital district may issue revenue bonds pursuant to the provisions of Chapter 6 (commencing with Section 54300)...
- California Health and Safety Code Section 32316
By resolution of the board of directors adopted by a vote of four-fifths of the membership of the board, the district may issue bonds of...
- California Health and Safety Code Section 32317
The resolution adopted pursuant to Section 32316 shall include all of the following: (a) The purpose for which the bonds are proposed to be issued....
- California Health and Safety Code Section 32318
The resolution adopted pursuant to Section 32316 shall be published once a week for two successive weeks in a newspaper of general circulation published in...
- California Health and Safety Code Section 32319
The board of directors may sell the bonds pursuant to the resolution as follows: (a) By giving notice inviting sealed bids and selling to the...
- California Health and Safety Code Section 32320
No hospital district shall sell revenue bonds until a formal agreement of the sale has been approved by the board of directors, by ordinance, which...
- California Health and Safety Code Section 32321
(a) Any ordinance subject to Section 32320 shall be published after adoption once a week for two successive weeks, commencing within 15 days after adoption,...
- California Health and Safety Code Section 32322
If an ordinance enacted pursuant to Section 32320 is subjected to a successful referendum election, or is repealed or rescinded by the board of directors,...
- California Health and Safety Code Section 32350
It is the intent of the Legislature in enacting this article to encourage physicians to practice in rural areas which have insufficient numbers of physicians...
- California Health and Safety Code Section 32351
In the event the Chowchilla Memorial Hospital District enters into a joint powers agreement with a hospital district or hospital districts, whereby an independent governmental...
- California Health and Safety Code Section 32352
Loans made pursuant to this article shall be repaid to the state pursuant to a schedule mutually agreed upon by the state department and the...
- California Health and Safety Code Section 32353
The provisions of this section shall apply only to the Chowchilla Memorial Hospital District, and to any other hospital district with a bed capacity of...
- California Health and Safety Code Section 32355
As a condition of eligibility for loans under this chapter, any hospital district having a licensed bed capacity of less than 100 beds and which...
- California Health and Safety Code Section 32356
Any provisions applicable to the payment of tort claims against a hospital district shall be applicable for the repayment of any loan from the state...
- California Health and Safety Code Section 32357
Duplicate copies of any reports prepared pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title...
- California Health and Safety Code Section 32358
The state department shall prepare and adopt regulations establishing the specific criteria to be used for the approval of a loan application of a district...
- California Health and Safety Code Section 32359
The Department of General Services shall, without cost or obligation to the state, assist the Chowchilla Memorial Hospital District, and any other hospital district with...
- California Health and Safety Code Section 32492
All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940)...
- California Health and Safety Code Section 32500
The provisions of this division shall be liberally construed to effect its objects and promote its purposes.
- California Health and Safety Code Section 32501
Any person desiring in his lifetime to promote the public welfare by founding, endowing, and having maintained within this State a hospital for the relief...
- California Health and Safety Code Section 32502
The grant may be executed, acknowledged, and recorded in the manner provided by law for the execution, acknowledgment, and recording of a grant of real
- California Health and Safety Code Section 32503
The grantor may designate in the grant: (a) The nature, object, and purpose of the hospital. (b) The name by which it shall be known....
- California Health and Safety Code Section 32504
The trustee may in the name of the hospital grant, receive, and hold gifts of property, and sue and defend in relation to the trust...
- California Health and Safety Code Section 32505
The trustee may exercise corporate powers and privileges, and to that end may organize and act as a board of trustees, elect such officers of...
- California Health and Safety Code Section 32506
The board may adopt and use a seal. When attached to any document or writing the seal shall be prima facie evidence that the document...
- California Health and Safety Code Section 32507
The grantor, by a provision in the grant, may during his lifetime elect, in relation to the property conveyed and to the erection, maintenance, and...
- California Health and Safety Code Section 32508
No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect the conveyance or the title to...
- California Health and Safety Code Section 33000
This part may be cited as the Community Redevelopment Law.
- California Health and Safety Code Section 33001
The definitions and general provisions contained in this article govern the construction of this part, unless the context otherwise requires.
- California Health and Safety Code Section 33002
"Community" means a city, county, city and county, or Indian tribe, band, or group which is incorporated or which otherwise exercises some local governmental powers.
- California Health and Safety Code Section 33003
"Agency" means a redevelopment agency created by this part or its predecessor, or a legislative body which has elected to exercise the powers granted to...
- California Health and Safety Code Section 33004
"Public body" means the State, or any city, county, district, authority, or any other subdivision or public body of the State.
- California Health and Safety Code Section 33005
"State" includes any state agency or instrumentality.
- California Health and Safety Code Section 33006
"Federal government" means the United States or any of its agencies or instrumentalities.
- California Health and Safety Code Section 33007
"Legislative body" means the city council, board of supervisors, or other legislative body of the community.
- California Health and Safety Code Section 33008
"Planning commission" means a planning agency established pursuant to law or charter.
- California Health and Safety Code Section 33009
"Obligee" includes any bondholder, his trustee, any lessor demising to the agency property used in connection with a project area or any assignee of all...
- California Health and Safety Code Section 33010
"Redevelopment project" means any undertaking of an agency pursuant to this part.
- California Health and Safety Code Section 33011
"Department" means the Department of Housing and Community Development.
- California Health and Safety Code Section 33011.2
"Director" means the Director of Housing and Community Development.
- California Health and Safety Code Section 33013
"Small housing project" means real property containing or proposed to contain a separate residential structure having not more than four dwelling units and which is...
- California Health and Safety Code Section 33020
"Redevelopment" means the planning, development, replanning, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, of all or part of a survey area, and...
- California Health and Safety Code Section 33020.5
In addition to Section 33020, "redevelopment" also means payments to school districts in the fiscal years specified in Sections 33690 and 33690.5.
- California Health and Safety Code Section 33021
Redevelopment includes: (a) The alteration, improvement, modernization, reconstruction, or rehabilitation, or any combination of these, of existing structures in a project area. (b) Provision for...
- California Health and Safety Code Section 33021.1
In a city and county, redevelopment includes improving, increasing, or preserving emergency shelters for homeless persons or households. These shelters may be located within or...
- California Health and Safety Code Section 33022
Redevelopment does not exclude the continuance of existing buildings or uses whose demolition and rebuilding or change of use are not deemed essential to the...
- California Health and Safety Code Section 33030
(a) It is found and declared that there exist in many communities blighted areas that constitute physical and economic liabilities, requiring redevelopment in the interest...
- California Health and Safety Code Section 33031
(a) This subdivision describes physical conditions that cause blight: (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These...
- California Health and Safety Code Section 33035
It is further found and declared that: (a) The existence of blighted areas characterized by any or all of such conditions constitutes a serious and...
- California Health and Safety Code Section 33036
It is further found and declared that: (a) Such conditions of blight tend to further obsolescence, deterioration, and disuse because of the lack of incentive...
- California Health and Safety Code Section 33037
For these reasons it is declared to be the policy of the State: (a) To protect and promote the sound development and redevelopment of blighted...
- California Health and Safety Code Section 33039
The Legislature of the State of California recognizes that among the principal causes of slum and blighted residential areas are the following factors: (a) Inadequate...
- California Health and Safety Code Section 33050
(a) It is hereby declared to be the policy of the state that in undertaking community redevelopment projects under this part there shall be no...
- California Health and Safety Code Section 33051
If the legislative body of the City and County of San Francisco adopts, or has adopted, an ordinance which prohibits discrimination on the basis of...
- California Health and Safety Code Section 33035
It is further found and declared that: (a) The existence of blighted areas characterized by any or all of such conditions constitutes a serious and...
- California Health and Safety Code Section 33036
It is further found and declared that: (a) Such conditions of blight tend to further obsolescence, deterioration, and disuse because of the lack of incentive...
- California Health and Safety Code Section 33037
For these reasons it is declared to be the policy of the State: (a) To protect and promote the sound development and redevelopment of blighted...
- California Health and Safety Code Section 33039
The Legislature of the State of California recognizes that among the principal causes of slum and blighted residential areas are the following factors: (a) Inadequate...
- California Health and Safety Code Section 33070
The Legislature finds and declares that decent housing and genuine employment opportunities for all the people of this state are vital to the state's future...
- California Health and Safety Code Section 33071
The Legislature further finds and declares that a fundamental purpose of redevelopment is to expand the supply of low- and moderate-income housing, to expand employment...
- California Health and Safety Code Section 33080
(a) Every redevelopment agency shall file with the Controller within six months of the end of the agency's fiscal year a copy of the report...
- California Health and Safety Code Section 33080.1
Every redevelopment agency shall submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body...
- California Health and Safety Code Section 33080.2
(a) When the agency presents the annual report to the legislative body pursuant to Section 33080.1, the agency shall inform the legislative body of any...
- California Health and Safety Code Section 33080.3
The Controller shall develop and periodically revise the guidelines for the content of the report required by Section 33080.1. The Controller shall appoint an advisory...
- California Health and Safety Code Section 33080.4
(a) For the purposes of compliance with subdivision (c) of Section 33080.1, the description of the agency's activities shall contain the following information regardless of...
- California Health and Safety Code Section 33080.5
For the purposes of compliance with subdivision (b) of Section 33080.1, the fiscal statement shall contain the following information: (a) The amount of outstanding indebtedness...
- California Health and Safety Code Section 33080.6
On or before May 1 of each year, the department shall compile and publish reports of the activities of redevelopment agencies for the previous fiscal...
- California Health and Safety Code Section 33080.7
For purposes of compliance with subdivision (c) of Section 33080.1 and in addition to the requirements of Section 33080.4, the description of the agency's activities...
- California Health and Safety Code Section 33080.8
(a) On or before April 1 of each year, the Controller shall compile a list of agencies that appear to have major audit violations as...
- California Health and Safety Code Section 33100
There is in each community a public body, corporate and politic, known as the redevelopment agency of the community.
- California Health and Safety Code Section 33101
An agency which, on September 15, 1961, was not authorized to transact any business or exercise any powers by a resolution adopted prior to such...
- California Health and Safety Code Section 33102
The agency shall cause a certified copy of the ordinance to be filed in the office of the county clerk.
- California Health and Safety Code Section 33103
In any proceeding involving the validity or enforcement of, or relating to, any contract by an agency, the agency is conclusively deemed to have been...
- California Health and Safety Code Section 33103.5
Any ordinance of a legislative body heretofore adopted declaring the need for an agency to function in Crescent City is hereby validated, and in any...
- California Health and Safety Code Section 33104
Agencies which transacted business and exercised powers prior to September 15, 1961, shall, in any proceeding involving the validity of, or enforcement of, or relating...
- California Health and Safety Code Section 33105
In any case where an agency was activated in a community by a resolution adopted pursuant to Section 33101 prior to January 1, 1951, and...
- California Health and Safety Code Section 33110
When the legislative body adopts an ordinance declaring the need for an agency, the mayor or chairman of the board of supervisors, with the approval...
- California Health and Safety Code Section 33111
A member may not be an elective officer or an employee of the community, but, notwithstanding any other law, he may be a member, commissioner,...
- California Health and Safety Code Section 33112
Three of the members first appointed shall be designated to serve the terms of one, two, and three years, respectively, from the date of their...
- California Health and Safety Code Section 33113
The appointing officer shall designate the first chairman from among the members. When there is a vacancy in such office, the agency shall elect a...
- California Health and Safety Code Section 33114
Members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. They may receive such other compensation as...
- California Health and Safety Code Section 33114.5
Notwithstanding any other provision of law, whenever the legislative body of a city having a population of less than 200,000 or the legislative body of...
- California Health and Safety Code Section 33115
For inefficiency, neglect of duty, or misconduct in office, a member may be removed by the appointing officer, but only after he has been given...
- California Health and Safety Code Section 33120
The territorial jurisdiction of the agency of a county is the unincorporated territory in the county, and that of a city or city and county...
- California Health and Safety Code Section 33121
The powers of each agency are vested in the members in office.
- California Health and Safety Code Section 33121.5
When a decision, determination, or other action by the agency or legislative body is required by this part, neither the agency nor the legislative body...
- California Health and Safety Code Section 33122
Each redevelopment agency exercises governmental functions and has the powers prescribed in this part.
- California Health and Safety Code Section 33123
Each agency is performing a public function of the community.
- California Health and Safety Code Section 33125
An agency may: (a) Sue and be sued. (b) Have a seal. (c) Make and execute contracts and other instruments necessary or convenient to the...
- California Health and Safety Code Section 33125.5
An agency shall keep a record of the proceedings of its meetings and those records shall be open to examination by the public to the...
- California Health and Safety Code Section 33126
(a) An agency may select, appoint, and employ such permanent and temporary officers, agents, counsel, and employees as it requires, and determine their qualifications, duties,...
- California Health and Safety Code Section 33127
An agency may: (a) Obtain, hire, purchase, or rent office space, equipment, supplies, insurance, or services. (b) Authorize and pay the travel expenses of agency...
- California Health and Safety Code Section 33128
For the purposes of the agency, it shall have access to the services and facilities of the planning commission, the city engineer, and other departments...
- California Health and Safety Code Section 33129
The grant of money appropriated by the legislative body of the community to the community redevelopment agency administrative fund is not to be construed as...
- California Health and Safety Code Section 33130
(a) No agency or community officer or employee who in the course of his or her duties is required to participate in the formulation of,...
- California Health and Safety Code Section 33130.5
Notwithstanding any other provisions of law, an officer, employee, consultant, or agent of the agency or community, for personal residential use, may purchase or lease...
- California Health and Safety Code Section 33131
An agency may: (a) From time to time prepare and carry out plans for the improvement, rehabilitation, and redevelopment of blighted areas. (b) Disseminate redevelopment...
- California Health and Safety Code Section 33132
The agency may accept financial assistance from public or private sources as authorized by Chapter 6 (commencing with Section 33600) or any other provision in...
- California Health and Safety Code Section 33133
The agency may accept any other assistance from the state or federal government or any public or private source for any redevelopment project within its...
- California Health and Safety Code Section 33134
Within the survey area or for purposes of redevelopment an agency may insure or provide for the insurance of any operations of the agency against...
- California Health and Safety Code Section 33135
Upon request from and at the expense of any public body, an agency may, outside any survey area, with the approval of the legislative body,...
- California Health and Safety Code Section 33136
An agency may finance the cost of premiums necessary for the provision of insurance during the construction or rehabilitation of properties that are administered by...
- California Health and Safety Code Section 33140
If an agency has not redeveloped or acquired land for, or commenced the redevelopment of, a project, or entered into contracts for redevelopment within two...
- California Health and Safety Code Section 33141
Upon the motion of the legislative body or upon recommendation of the agency, the legislative body of the community may, by ordinance, order the deactivation...
- California Health and Safety Code Section 33142
The legislative body of the community shall file with the Secretary of State a certified copy of any ordinance suspending or dissolving an agency pursuant...
- California Health and Safety Code Section 33200
(a) As an alternative to the appointment of five members of the agency, the legislative body may, at the time of the adoption of an...
- California Health and Safety Code Section 33201
(a) A legislative body which has declared itself to be the agency pursuant to Section 33200 may by ordinance create a community redevelopment commission. The...
- California Health and Safety Code Section 33202
If a community redevelopment commission is created as provided in Section 33201, its functions shall be to prepare a redevelopment plan for each project area,...
- California Health and Safety Code Section 33203
A legislative body which has declared itself to be the agency pursuant to Section 33200 may at any time by resolution determine that it shall...
- California Health and Safety Code Section 33204
A chartered city may enact its own procedural ordinance and exercise the powers granted by this part.
- California Health and Safety Code Section 33205
An agency is authorized to delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking...
- California Health and Safety Code Section 33206
Notwithstanding any other provision of law, a legislative body, at the time of the adoption of an ordinance pursuant to Section 33101 or 33140, and...
- California Health and Safety Code Section 33210
Two or more agencies within two or more communities may jointly exercise the powers granted under this part. In such case the agencies, the planning...
- California Health and Safety Code Section 33210.5
(a) As used in this section, the following terms have the following meanings: (1) "Joint Redevelopment Plan" means the Redevelopment Plan for the Alameda County-City...
- California Health and Safety Code Section 33211
If one agency is designated, it shall obtain the report and recommendation of the planning commission of each community on the redevelopment plan and its...
- California Health and Safety Code Section 33212
The designated agency and each planning commission shall co-operate in formulating redevelopment plans.
- California Health and Safety Code Section 33213
By ordinance the legislative body of a community may authorize the redevelopment of an area within its territorial limits by another community if such area...
- California Health and Safety Code Section 33214
(a) Notwithstanding Section 33120, the territorial jurisdiction of an agency in the county shall include all of the unincorporated territory that was included in a...
- California Health and Safety Code Section 33214.5
As used in Sections 33215 and 33216: (a) "Creating agency" means the community redevelopment agency that created the project area that is to be transferred...
- California Health and Safety Code Section 33214.7
(a) Notwithstanding any law to the contrary, the territorial jurisdiction of the Redevelopment Agency of the County of Riverside shall include all of the following:...
- California Health and Safety Code Section 33215
(a) If all of the territory included within a project area, including any noncontiguous territory within the project area, selected pursuant to Section 33322 or...
- California Health and Safety Code Section 33216
(a) If all, or a substantial portion, of the territory included within a project area selected pursuant to Section 33322 or 34004 is subsequently annexed...
- California Health and Safety Code Section 33216.1
(a) The Legislature finds and declares all of the following: (1) The Orange County Board of Supervisors established the Neighborhood Development and Preservation Project on...
- California Health and Safety Code Section 33216.5
(a) The Legislature finds and declares all of the following: (1) The City of Shasta Lake, which is located in the County of Shasta, was...
- California Health and Safety Code Section 33217
If a portion of a ci
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