Here is the actual bill as of August 17, 2015 as amended. Looks pretty similar to the digest.
An act to add Section 1941.7 to the Civil Code, and to amend Sections
17920 and 17920.3 of the Health and Safety Code, relating to housing
standards.
legislative counsel’s digest
SB 655, as amended, Mitchell. Housing standards: mold.
(1) Existing law requires the lessor of a building intended for human
occupation to repair dilapidations, as specified, rendering it untenantable.
Existing law permits tenants to repair dilapidations, under specified
circumstances.
This bill would provide that a lessor is not obligated to repair a
dilapidation relating to mold, as specified, until he or she has notice of
it. it or if the tenant is in violation of specified affirmative obligations.
The bill would authorize a landlord to enter a dwelling to repair a
dilapidation relating to mold, under specified conditions.
(2) The State Housing Law, which is administered by the Department
of Housing and Community Development, prescribes standards for
buildings used for human habitation and establishes definitions for this
purpose. The law provides that a building, or a portion of it, in which
certain conditions are found to exist, such as a lack of sanitation, as
specified, is substandard. The law provides that a violation of these
provisions is a misdemeanor.
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This bill would specify that visible or otherwise demonstrable mold
growth, excepting mold that is minor and found on surfaces that can
accumulate moisture as part of their proper and intended use, is a type
of inadequate sanitation and therefore a substandard condition. The bill
would define mold as microscopic organisms or fungi that can grow in
damp conditions in the interior of a building. By expanding the definition
of a crime, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1941.7 is added to the Civil Code, to
line 2 read:
line 3 1941.7. (a) An obligation shall not arise under Section 1941
line 4 or 1942 to repair a dilapidation relating to the presence of mold
line 5 pursuant to paragraph (13) of subdivision (a) of Section 17920.3
line 6 of the Health and Safety Code until the lessor has notice of the
line 7 dilapidation. dilapidation or if the tenant is in violation of Section
line 8 1941.2.
line 9 (b) A landlord may enter a dwelling unit to repair a dilapidation
line 10 relating to the presence of mold pursuant to paragraph (13) of
line 11 subdivision (a) of Section 17920.3 of the Health and Safety Code
line 12 provided the landlord complies with the provisions of Section
line 13 1954.
line 14 SEC. 2. Section 17920 of the Health and Safety Code is
line 15 amended to read:
line 16 17920. As used in this part:
line 17 (a) “Approved” means acceptable to the department.
line 18 (b) “Building” means a structure subject to this part.
line 19 (c) “Building standard” means building standard as defined in
line 20 Section 18909.
line 21 (d) “Department” means the Department of Housing and
line 22 Community Development.
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SB 655 — 2 —
line 1 (e) “Enforcement” means diligent effort to secure compliance,
line 2 including review of plans and permit applications, response to
line 3 complaints, citation of violations, and other legal process. Except
line 4 as otherwise provided in this part, “enforcement” may, but need
line 5 not, include inspections of existing buildings on which no
line 6 complaint or permit application has been filed, and effort to secure
line 7 compliance as to these existing buildings.
line 8 (f) “Fire protection district” means any special district, or any
line 9 other municipal or public corporation or district, which is
line 10 authorized by law to provide fire protection and prevention
line 11 services.
line 12 (g) “Labeled” means equipment or materials to which has been
line 13 attached a label, symbol, or other identifying mark of an
line 14 organization, approved by the department, that maintains a periodic
line 15 inspection program of production of labeled products, installations,
line 16 equipment, or materials and by whose labeling the manufacturer
line 17 indicates compliance with appropriate standards or performance
line 18 in a specified manner.
line 19 (h) “Listed” means all products that appear in a list published
line 20 by an approved testing or listing agency.
line 21 (i) “Listing agency” means an agency approved by the
line 22 department that is in the business of listing and labeling products,
line 23 materials, equipment, and installations tested by an approved
line 24 testing agency, and that maintains a periodic inspection program
line 25 on current production of listed products, equipment, and
line 26 installations, and that, at least annually, makes available a published
line 27 report of these listings.
line 28 (j) “Mold” means microscopic organisms or fungi that can grow
line 29 in damp conditions in the interior of a building.
line 30 (k) “Noise insulation” means the protection of persons within
line 31 buildings from excessive noise, however generated, originating
line 32 within or without such buildings.
line 33 (l) “Nuisance” means any nuisance defined pursuant to Part 3
line 34 (commencing with Section 3479) of Division 4 of the Civil Code,
line 35 or any other form of nuisance recognized at common law or in
line 36 equity.
line 37 (m) “Public entity” has the same meaning as defined in Section
line 38 811.2 of the Government Code.
line 39 (n) “Testing agency” means an agency approved by the
line 40 department as qualified and equipped for testing of products,
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— 3 — SB 655
line 1 materials, equipment, and installations in accordance with
line 2 nationally recognized standards.
line 3 SEC. 3. Section 17920.3 of the Health and Safety Code is
line 4 amended to read:
line 5 17920.3. Any building or portion thereof including any
line 6 dwelling unit, guestroom or suite of rooms, or the premises on
line 7 which the same is located, in which there exists any of the
line 8 following listed conditions to an extent that endangers the life,
line 9 limb, health, property, safety, or welfare of the public or the
line 10 occupants thereof shall be deemed and hereby is declared to be a
line 11 substandard building:
line 12 (a) Inadequate sanitation shall include, but not be limited to,
line 13 the following:
line 14 (1) Lack of, or improper water closet, lavatory, or bathtub or
line 15 shower in a dwelling unit.
line 16 (2) Lack of, or improper water closets, lavatories, and bathtubs
line 17 or showers per number of guests in a hotel.
line 18 (3) Lack of, or improper kitchen sink.
line 19 (4) Lack of hot and cold running water to plumbing fixtures in
line 20 a hotel.
line 21 (5) Lack of hot and cold running water to plumbing fixtures in
line 22 a dwelling unit.
line 23 (6) Lack of adequate heating.
line 24 (7) Lack of, or improper operation of required ventilating
line 25 equipment.
line 26 (8) Lack of minimum amounts of natural light and ventilation
line 27 required by this code.
line 28 (9) Room and space dimensions less than required by this code.
line 29 (10) Lack of required electrical lighting.
line 30 (11) Dampness of habitable rooms.
line 31 (12) Infestation of insects, vermin, or rodents as determined by
line 32 a health officer or, if an agreement does not exist with an agency
line 33 that has a health officer, the infestation can be determined by a
line 34 code enforcement officer, as defined in Section 829.5 of the Penal
line 35 Code, upon successful completion of a course of study in the
line 36 appropriate subject matter as determined by the local jurisdiction.
line 37 (13) Visible or otherwise demonstrable mold growth, as
line 38 determined by a health officer or a code enforcement officer, as
line 39 defined in Section 829.5 of the Penal Code, excluding the presence
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SB 655 — 4 —
line 1 of mold that is minor and found on surfaces that can accumulate
line 2 moisture as part of their properly functioning and intended use.
--32.211.xxx.x