Section 1481.3 - Affordable Price Sales: Minimum Property Standards(a)Marketable. The property shall comprise a single readily marketable real estate entity.(b)Party or Lot Line Wall. A building constructed on or to a property line shall be separated from the adjoining building, by a wall extending the full height of the building from the foundation to the ridge of the roof. The wall can separate row type townhouses or semi-detached units. There shall be adequate space between buildings to permit maintenance of the exterior walls.(c)Service and Facilities.(1) Each living unit shall be able to be used and maintained individually without trespass upon adjoining properties. Any easement required shall run with the land.(2) Utilities shall be independent for each living unit except that common services, such as water, sewer, gas, and electricity, may be provided for living units under a single mortgage or ownership. Separate utility service shut-off for each unit shall be provided. For living units under separate ownership, common utility services may be provided from the main to the building line when protected by easement or covenant and maintenance agreement acceptable to the Department. Individual utilities serving a living unit shall not pass over, under, or through another living unit, unless provision is made for repair and maintenance of utilities without trespass on adjoining properties or legal provision is made for permanent right of access for maintenance and repair of utilities.(3) Other facilities shall be independent for each living unit, except that common services, such as laundry and storage space or heating, may be provided for in two-to-four living unit buildings under a single mortgage.(d)Utilities. Each living unit shall contain the following:(1) A continuing supply of safe and potable water.(2) Sanitary facilities and a safe method of sewage disposal.(3) Heating adequate for healthful and comfortable living conditions. The Department may determine that climatic conditions are such that mechanical heating is not required. Dwellings with wood burning stoves or solar systems used as a primary heat source shall have permanently installed conventional heating systems that maintain at least 50 degrees Fahrenheit in areas containing plumbing systems.(5) Electricity for lighting and for equipment used in the living unit.(e)Access.(1) Each property is provided with a safe and adequate pedestrian or vehicular access from a public or private street.(2) All streets shall have an all-weather surface.(3) Access to the living unit is provided without passing through any other living unit.(4) Access to the rear yard is provided without passing through any other living unit. For a row-type dwelling, the access may be by means of alley, easement, passage through the dwelling, or other acceptable means.(f)Defective Conditions. Defective construction, poor workmanship, evidence of continuing settlement, excessive dampness, leakage, decay, termites, or other readily observable conditions that impair the safety, sanitation or structural soundness of the dwelling have been remedied and the probability of further damage eliminated.(g)Space Requirements. Each living unit shall be provided with space necessary to assure suitable living, sleeping, cooking and dining accommodations and sanitary facilities.(h) Mechanical Systems. Mechanical systems shall be safe to operate, be protected from destructive elements, have reasonable future utility, durability and economy, and have adequate capacity and quality.(i)Ventilation. Natural ventilation of structural space such as attics and crawl spaces shall be provided to reduce the effect of conditions of excess heat and moisture, which are conducive to decay and deterioration of the structure.(j)Roofs. Roof covering shall prevent entrance of moisture and provide reasonable future utility, durability and economy of maintenance. When reroofing is needed for a defective roof, already consisting of three layers of shingles, all old shingles shall be removed prior to re-roofing.(k)Hazards. The property shall be free of hazards that may adversely affect the health and safety of the occupants or the structural soundness of the improvements, or that may impair the customary use and enjoyment of the property by occupants. The hazards can be subsidence, flood, erosion, defective lead base paint (see 24 Code Fed. Reg. Part 35) or the like.(l)Crawl Space.(1) Shall be adequate to access the crawl space.(2) Shall be adequate to provide access for maintenance and repair of ductwork and plumbing.(3) The crawl space shall be clear of all debris and properly vented.(4) Any excessive dampness or ponding of water in the crawl space is corrected.(m)Drainage. The site shall be graded so as to provide positive, rapid drainage away from the perimeter walls of the dwelling and prevent ponding of water on the site.Cal. Code Regs. Tit. 21, § 1481.3
1. New section filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.
2. Pursuant to Government Code section 54239.5(e)(3), as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance must be transmitted to OAL by 9-30-2024 or language of the emergency order of 12-13-2021 (Register 2021, No. 51) will be repealed by operation of law on the following day (Register 2023, No. 27). Note: Authority cited: Section 54237, Government Code. Reference: Sections 54236 and 54237, Government Code.
1. New section filed 12-13-2021 as an emergency; operative 12/13/2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.