Bill Text: CA AB2206 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2206

Bill Title: Child daycare facilities: fire clearance requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - Re-referred to Com. on ED. [AB2206 Detail]

Download: California-2023-AB2206-Amended.html

Amended IN Assembly April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2206

Introduced by Assembly Member Addis

February 07, 2024

An act to amend ~~Section 1596.809~~ Sections 1596.809 and 13235 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2206, as amended, Addis. Child daycare facilities: fire clearance requirements.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers, employer-sponsored childcare centers, and family daycare homes, by the State Department of Social Services. Existing law requires a prospective applicant, before obtaining licensure, to secure and maintain a fire clearance approval for the applicant’s facility from the local fire enforcing agency or the State Fire Marshal, whichever has primary fire protection jurisdiction. Existing law requires that prospective applicants be notified of this requirement and other information relating to the fire safety clearance application.
Under existing law, upon receipt of a request from a prospective child daycare facility, the local fire enforcing agency or the State Fire Marshall, whichever has primary jurisdiction, is required to conduct a preinspection of the facility before the final fire clearance approval. Existing law requires the primary fire enforcing agency to complete the final fire clearance inspection under a specified timeline.
This bill would require the local fire enforcing agency or the State Fire Marshal, whichever has primary fire protection jurisdiction, to conduct a preinspection of a prospective applicant for licensure, without being conditioned on a request from the prospective licensee. The bill would require the preinspection to verify whether the facility is authorized to enroll ambulatory children only or both ambulatory and nonambulatory children, as defined, even if the facility is not actively seeking to enroll nonambulatory children, for purposes of identifying any applicable modifications that are required for compliance with the federal Americans with Disabilities Act of 1990.
The bill would exempt a child daycare facility from a revised fire clearance for the addition of each nonambulatory child once approved for enrolling nonambulatory children, unless the facility exceeds current capacity or the facility makes additional modifications after already obtaining fire clearance approval.
By creating new duties for local fire enforcing agencies, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, daycare centers, and family daycare homes by the State Department of Social Services. Existing law requires an applicant, prior to obtaining licensure, to secure and maintain a fire clearance approval for the applicant’s facility from the local fire enforcing agency or the State Fire Marshal, whichever has primary fire protection jurisdiction. Existing law requires the department to notify prospective applicants of this requirement and other information related to fire clearance approval when the prospective applicant initially requests information regarding application for licensure.
This bill, on or before July 1, 2025, would require the department to revise its regulations to permit children with exceptional needs, as defined, to be accepted to and attend a licensed childcare or child development program before the program obtains a revised fire safety clearance if specified requirements are met. The bill also would require the regulations to allow the childcare or child development program up 6 months to obtain a revised fire safety clearance after accepting a nonambulatory child with exceptional needs, and provide that the program may be required to temporarily terminate service to the child after the 6 months until the revised fire safety clearance is obtained. The bill would require the regulations to provide that the fire safety clearance required to include only the number of nonambulatory children the provider is approved to serve and the plan for evacuating nonambulatory children in case of fire.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 1596.809 of the Health and Safety Code is amended to read:

1596.809.

(a) A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, ~~prior to~~ before obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing ~~agency, as defined in Section 13244,~~ agency or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations.

(b) (1) The local fire enforcing agency or the State Fire Marshal, whichever has primary fire protection jurisdiction, shall conduct a preinspection of a prospective applicant for licensure.
(2) The preinspection shall verify whether the child daycare facility is authorized to enroll ambulatory children only or both ambulatory and nonambulatory children, even if the facility is not actively seeking to enroll nonambulatory children, for purposes of identifying any applicable modifications that are required for compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(c) A child daycare facility is exempt from a revised fire clearance for the addition of each nonambulatory child once approved for enrolling nonambulatory children, unless the facility exceeds current capacity or the facility makes additional modifications after already obtaining fire clearance approval.
(d) For purposes of this section, “nonambulatory child” means a child under three years of age, or a child three years of age or older who is unable to leave a building unassisted under emergency conditions. “Nonambulatory child” includes a child who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger, and a child who depends on mechanical aids, including, but not limited to, crutches, walkers, or wheelchairs.

SEC. 2.

Section 13235 of the Health and Safety Code is amended to read:

13235.

(a) ~~Upon~~ In the case of a prospective licensee of a child daycare facility, as defined in Section 1596.750, or, upon receipt of a request from a prospective licensee of a community care facility, as defined in Section 1502, of a residential care facility for the elderly, as defined in Section 1569.2, ~~or of a child day care facility, as defined in Section 1596.750,~~ the local fire enforcing ~~agency, as defined in Section 13244, or~~ agency or the State Fire Marshal, whichever has primary jurisdiction, shall conduct a preinspection of the facility prior to the final fire clearance approval. At the time of the preinspection, the primary fire enforcing agency shall provide consultation and interpretation of fire safety regulations, and shall notify the prospective licensee of the facility in writing of the specific fire safety regulations ~~which~~ that shall be enforced in order to obtain fire clearance approval. A fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for the preinspection of a facility with a capacity to serve 25 or fewer persons. A fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for a preinspection of a facility with a capacity to serve 26 or more persons.

(b) The primary fire enforcing agency shall complete the final fire clearance inspection for a community care facility, residential care facility for the elderly, or child ~~day care~~ daycare facility within 30 days of receipt of the request for the final inspection, or as of the date the prospective facility requests the final prelicensure inspection by the State Department of Social Services, whichever is later.

SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 1596.809 of the Health and Safety Code is amended to read:
1596.809.
(a)A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, before obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations.
~~(b)Notwithstanding any other law, on or before July 1, 2025, the department shall revise its regulations to do all of the following:~~
(1)Permit children with exceptional needs, as defined in Section 8205 of the Education Code, to be accepted to and attend a childcare or child development program licensed under this chapter before the program has obtained a revised fire safety clearance approved by the city or county fire department, the district providing fire protection services, or the State Fire Marshal, under any of the following circumstances:
~~(A)The childcare or child development program meets applicable requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).~~
(B)The childcare or child development program has submitted a fire safety clearance application within the previous 10 years that included a plan to serve nonambulatory children, and the application was approved.
(C)The child with exceptional needs is reasonably mentally and physically capable of understanding and responding to instructions to evacuate a building, regardless of whether the child uses assistive equipment such as a walker, crutches, or a wheelchair.
(2)Allow a childcare or child development program up to six months to obtain a revised fire safety clearance after accepting a nonambulatory child with exceptional needs, and provide that a program that fails to obtain a revised fire safety clearance within that period may be required to temporarily terminate service to a nonambulatory child until a revised fire safety clearance is obtained.
(3)Clarify that a fire clearance is not required to state the name, disability type, or ambulatory restrictions of any specific child, and is required to include only the number of nonambulatory children the provider is approved to serve and the plan for evacuating nonambulatory children in case of fire.