BILL NUMBER: AB 2162 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Fox
FEBRUARY 20, 2014
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. Fire protection: residential care
facilities for the elderly. facilities.
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, or an adult residential facility, 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 , as defined, 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 the licensee of a facility to pay all costs associated
with compliance with these provisions. The bill would limit specified
inspection fees related to the sprinkler systems. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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" facility" means a
residential care facility for the elderly, as defined in Section
1569.2, or an adult residential facility, as defined in
paragraph (5) of subdivision (a) of Section 80001 of Title 22 of the
California Code of Regulations, 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 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)
2 of Chapter (3) 3 of
Division (1) 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 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) 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
(d) For purposes of complying with subdivisions (b) and (c), the
following shall apply:
(1) A property owner or the
property owner's agent shall determine all phases of construction,
including selection of a contractor, improvements, and design.
(2) At least one year prior to complying with this section, the
licensee of the residential care facility shall pay the property
owner or the property owner's agent all costs associated with
compliance with this section.
(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.
(f) The fee imposed by a local fire marshal or building department
for plan review or installation inspections of a fire sprinkler
system required by this section shall not exceed the actual cost of
the plan review or installation inspection for each existing facility
undergoing a plan review or inspection, including if the fire
sprinkler system is the sole renovation.
(g) Local government units are encouraged to work together to
minimize the number of preinstallation and postinstallation
inspections and minimize fees imposed on a residential care facility
pursuant to this section.
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.