Bill Text: CA AB2206 | 2023-2024 | Regular Session | Amended
Bill Title: Child daycare facilities: fire clearance requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2206 Detail]
Download: California-2023-AB2206-Amended.html
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Amended
IN
Assembly
April 29, 2024 |
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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 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. Under the bill, that provision would also apply to a child daycare facility that obtained fire clearance approval before January 1, 2025, authorizing the facility to enroll a nonambulatory person, as specified.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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, 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) (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) (1) 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.
(2) Paragraph (1) also applies to a child daycare facility that obtained fire clearance approval before January 1, 2025, authorizing the facility to enroll a nonambulatory person, as defined in Section 13131, and that remains in operation. The definition of “nonambulatory child” set forth in subdivision (d) also applies to that facility for purposes of implementing paragraph (1).
(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) 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, the local fire enforcing 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 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 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.
