Bill Text: CA AB2162 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fire protection: residential care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-05 - From committee without further action pursuant to Joint Rule 62(a). [AB2162 Detail]

Download: California-2013-AB2162-Amended.html

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BILL NUMBER: AB 2162	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 20, 2014

    An act to amend Section 1531.1 of the Health and Safety
Code, relating to residential facilities.   An act to
add Section 13113.11 to the Health and Safety Code, relating to fire
protection. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2162, as amended, Fox.  Residential facilities.
  Fire protection: residential care facilities for the
elderly.  
   Existing law establishes the State Fire Marshal within the
Department of Forestry and Fire Protection and sets forth its duties,
including, but not limited to, administering provisions relating to
inspection and approval of fire protection measures for health and
community care facilities.  
   Existing law, with certain exceptions, prohibits a person, firm,
or corporation from establishing, maintaining, or operating any
hospital or other specified care facility for more than 6 guests or
patients, and prohibits the operation of a residential care facility
for the elderly housing nonambulatory persons that is licensed to
care for more than 6 persons, unless it has, among other things, an
automatic fire sprinkler or extinguishing system approved by the
State Fire Marshal. Existing law generally places responsibility for
enforcing State Fire Marshal building standards upon prescribed local
agencies and provides for inspection fees. A violation of existing
provisions related to fire protection requirements is a crime. 

   This bill would require a residential care facility for the
elderly, as defined, that has a valid license as of January 1, 2015,
to have installed and maintained on and after January 1, 2019, an
operable automatic fire sprinkler system approved by the State Fire
Marshal. The bill would require a residential care facility for the
elderly for which a license is newly issued on or after January 1,
2018, to have an approved, operable automatic fire sprinkler system.
The bill would require, by January 1, 2017, the State Fire Marshal to
adopt regulations to implement the above provisions. By changing the
definition of a crime, 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 no reimbursement is required by this
act for a specified reason.  
   Existing law defines a residential facility as any family home,
group care facility, or similar facility for 24-hour nonmedical care
of persons in need of personal services, supervision, or assistance
for sustaining the activities of daily living or for the protection
of the individual. Existing law allows a residential facility
licensed as an adult residential facility, group home, small family
home, foster family home, or a family home certified by a foster
family agency to install and utilize delayed egress devices that
preclude the use of exits for a predetermined period of time.
Existing law requires the facility utilizing these devices to be
subject to all fire and building codes, regulations, and standards
applicable to residential care facilities for the elderly utilizing
delayed egress services, among other requirements.  

   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known as the
Residential Care Facility Fire Safety Act of 2014. 
   SEC. 2.    Section 13113.11 is added to the 
 Health and Safety Code   , immediately following
Section 13113.09, to read:  
   13113.11.  (a) As used in this section, "residential care facility
for the elderly" means a residential care facility for the elderly,
as defined in Section 1569.2, that is licensed to care for not more
than six residents.
   (b) Every residential care facility for the elderly that has a
valid license as of January 1, 2015, shall have installed and
maintained on and after January 1, 2019, an operable automatic fire
sprinkler system approved by the State Fire Marshal that meets the
nationally recognized standard, pursuant to "National Fire Protection
Association 13D: Standard for the Installation of Sprinkler Systems
in One and Two-Family Dwellings and Manufactured Homes," as approved
by the State Fire Marshal and adopted as a building standard by the
California Building Standards Commission. The State Fire Marshal
shall establish and approve, by December 31, 2015, the design
criteria for automatic fire sprinkler systems to be installed in
existing residential care facilities for the elderly, which shall be
consistent with the requirements pursuant to the California Building
Standards Code (Section R-313 of Title 24 of Part 2.5 of the
California Code of Regulations). The State Fire Marshal, working in
conjunction with the Department of Housing and Community Development,
shall establish and approve by December 31, 2015, the design
criteria for automatic fire sprinkler systems to be installed in
existing residential care facilities for the elderly that use a
manufactured home as the facility, which shall be consistent with the
requirements pursuant to Article 2.5 (commencing with Section 4300)
of Subchapter (2) of Chapter (3) of Division (1) of Title 25 of the
California Code of Regulations. Notwithstanding Section 13143.5, a
local jurisdiction shall not require a sprinkler system that exceeds
this standard by amending the standard or applying standards other
than the standard approved by the State Fire Marshal.
   (c) Every residential care facility for the elderly for which a
license is newly issued after January 1, 2018, shall have installed
and maintained an operable automatic fire sprinkler system approved
by the State Fire Marshal that meets the nationally recognized
standard, pursuant to "National Fire Protection Association 13D:
Standard for the Installation of Sprinkler Systems in One and
Two-Family Dwellings and Manufactured Homes," approved by the State
Fire Marshal and adopted as a building standard by the California
Building Standards Commission. The State Fire Marshal shall establish
and approve by December 1, 2015, the design criteria for automatic
fire sprinkler systems to be installed in new residential care
facilities for the elderly, which shall be consistent with the
requirements pursuant to the California Building Standards Code
(Section R-313 of Title 24 of Part 2.5 of the California Code of
Regulations). The State Fire Marshal, working in conjunction with the
Department of Housing and Community Development, shall establish and
approve by December 31, 2015, the design criteria for automatic fire
sprinkler systems to be installed in new residential care facilities
for the elderly that use a manufactured home as the facility, which
shall be consistent with the requirements pursuant to Article 2.5
(commencing with Section 4300) of Subchapter (2) of Chapter 3 of
Division 1 of Title 25 of the California Code of Regulations.
Notwithstanding Section 13143.5, a local jurisdiction shall not
require a sprinkler system that exceeds this standard by amending the
standard or applying standards other than the standards approved by
the State Fire Marshal.
   (d) For purposes of complying with subdivisions (b) and (c), a
property owner or the property owner's agent shall determine all
phases of construction, including selection of a contractor,
improvements, and design.
   (e) By January 1, 2017, the State Fire Marshal shall adopt
regulations to implement this section. These regulations shall
address those fire safety features no longer required of a licensee
after an operable automatic fire sprinkler system is installed and
maintained. The State Fire Marshal shall ensure that any regulation
developed pursuant to this section, including any future changes to
this section or to the standard required by this section, will be
reflected accurately within the California Code of Regulations. 

   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 1531.1 of the Health and
Safety Code is amended to read:
   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 foster family agency may
install and utilize delayed egress devices of the time delay type.
   (b) As used in this section, "delayed egress device" means a
device that precludes the use of exits for a predetermined period of
time. These devices shall not delay any resident's departure from the
facility for longer than 30 seconds.
   (c) Within the 30 seconds of delay, facility staff may attempt to
redirect a resident who attempts to leave the facility.
   (d) Any person accepted by a residential facility or family home
certified by a foster family agency utilizing delayed egress devices
shall meet all of the following conditions:
   (1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
   (2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
   (3) An interdisciplinary team, through the Individual Program Plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks hazard
awareness or impulse control and requires the level of supervision
afforded by a facility equipped with delayed egress devices, and that
but for this placement, the person would be at risk of admission to,
or would have no option but to remain in, a more restrictive state
hospital or state developmental center placement.
   (e) The facility shall be subject to all of the fire and building
codes, regulations, and standards applicable to residential care
facilities for the elderly utilizing delayed egress devices, and
shall receive approval by the county or city fire department, the
local fire prevention district, or the State Fire Marshal for the
installed delayed egress devices.
   (f) The facility shall provide staff training regarding the use
and operation of the egress control devices utilized by the facility,
protection of residents' personal rights, lack of hazard awareness
and impulse control behavior, and emergency evacuation procedures.
   (g) The facility shall develop a plan of operation approved by the
State Department of Social Services that includes a description of
how the facility is to be equipped with egress control devices that
are consistent with regulations adopted by the State Fire Marshal
pursuant to Section 13143.
   (h) The plan shall include, but shall not be limited to, all of
the following:
   (1) A description of how the facility will provide training for
staff regarding the use and operation of the egress control devices
utilized by the facility.
   (2) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.
   (3) A description of how the facility will manage the person's
lack of hazard awareness and impulse control behavior.
   (4) A description of the facility's emergency evacuation
procedures.
   (i) Delayed egress devices shall not substitute for adequate
staff. Except for facilities operating in accordance with Section
1531.15, the capacity of the facility shall not exceed six residents.

   (j) Emergency fire and earthquake drills shall be conducted at
least once every three months on each shift, and shall include all
facility staff providing resident care and supervision on each shift.