Bill Text: CA AB2386 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Care facilities: carbon monoxide detectors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 503, Statutes of 2014. [AB2386 Detail]

Download: California-2013-AB2386-Amended.html

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BILL NUMBER: AB 2386	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2014

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2014

   An act to amend Sections  1569.150,  1596.95, 1597.45,
1597.46, and 1597.54 of  , and to add Sections 1503.2 and
1569.311 to,  the Health and Safety Code, relating to 
child care.   care facilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2386, as amended, Mullin.  Child care  
Care  facilities: carbon monoxide detectors.
    Existing law provides for the licensing and regulation of
community care facilities, including residential facilities, adult
day programs, foster family homes, community treatment facilities,
and others, and for the licensing and regulation of residential care
facilities for the elderly, by the State Department of Social
Services. Violation of the provisions relating to residential care
facilities for the elderly is a misdemeanor.  Existing law 
also  provides for the licensing and regulation of day care
centers and family day care homes by the  State Department of
Social Services   department  . Existing law
requires day care centers and family day care homes to have specified
fire prevention devices.
   This bill would require  community care facilities,
residential care facilities for the elderly, and  day care
centers and family day care homes to have one or more functioning
carbon monoxide detectors that meet specified statutory requirements
in the facility and would require the department to account for the
presence of the detectors during inspections.  By creating a new
crime, with respect to residential care facilities for the elderly,
this 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:  no   yes  .


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

   SECTION 1.    Section 1503.2 is added to the 
 Health and Safety Code   , to read:  
   1503.2.  Every facility licensed pursuant to this chapter shall
have one or more carbon monoxide detectors in the facility that meet
the standards established in Chapter 8 (commencing with Section
13260) of Part 2 of Division 12. The department shall account for the
presence of these detectors during inspections. 
   SEC. 2.    Section 1569.150 of the   Health
and Safety Code   is amended to read: 
   1569.150.  (a)  The department and the licensing agencies with
which it contracts for licensing shall review and make a final
determination within 60 days of an applicant's submission of a
complete application on all applications for a license to operate a
residential care facility for the elderly if the applicant possesses
a current valid license to operate a residential care facility for
the elderly at another site. Applicants shall note on the
application, or in a cover letter to the application, that they
possess a current valid license at another site, and the number of
that license.
   (b)  The department shall request a fire safety clearance from the
appropriate fire marshal within five days of receipt of an
application described in subdivision (a). The applicant shall be
responsible for requesting and obtaining the required criminal record
clearances.  The applicant shall also provide evidence
satisfactory to the department that there is one or more functioning
carbon monoxide detectors in the facility that meet the standards
established in Chapter 8 (commencing with Section 13260) of Part 2 of
Division 12. 
   (c)  If the department for any reason is unable to comply with
subdivision (a), it shall, within 60 days of receipt of the
application described in subdivision (a), grant a provisional license
to the applicant to operate for a period not to exceed six months,
except as provided in subdivision (d). While the provisional license
is in effect, the department shall continue its investigation and
make a final determination on the application before the provisional
license expires. The provisional license shall be granted, provided
the department knows of no life safety risks, the criminal records
clearances, if applicable, are complete, and the fire safety
clearance is complete. The director may extend the term of a
provisional license for an additional six months at the time of the
application, if the director determines that more than six months
will be required to achieve full compliance with licensing standards
due to circumstances beyond the control of the applicant, and if all
other requirements for a license have been met.
   (d)  If the department does not issue a provisional license
pursuant to subdivision (c), the department shall issue a notice to
the applicant identifying whether the provisional license has not
been issued due to the existence of a life safety risk, lack of a
fire safety clearance, lack of a criminal records clearance, failure
to complete the application, or any combination of these reasons. If
a life safety risk is identified, the risk preventing the issuance of
the provisional license shall be clearly explained. If a lack of the
fire safety clearance is identified, the notice shall include the
dates on which the department requested the clearance and the current
status of that request, and the fire marshal's name and telephone
number to whom a fire safety clearance request was sent. The
department shall identify the names of individuals for whom criminal
records clearances are lacking. If failure to complete the
application is identified, the notice shall list all of the forms or
attachments that are missing or incorrect. This notice shall be sent
to the applicant no later than 60 days after the applicant filed the
application. If the reasons identified in the notice are corrected,
the department shall issue the provisional license within five days
after the corrections are made.
   (e)  The department shall, immediately after January 1, 1993,
develop expedited procedures necessary to implement subdivisions (a),
(b), (c), and (d).
   (f)  The department shall, immediately after January 1, 1993,
develop an appeal procedure for applicants under this section for
both denial of licenses and delay in processing applications.
   SEC. 3.    Section 1569.311 is added to the 
 Health and Safety Code   , to read:  
   1569.311.  Every residential care facility for the elderly shall
have one or more carbon monoxide detectors in the facility that meet
the standards established in Chapter 8 (commencing with Section
13260) of Part 2 of Division 12. The department shall account for the
presence of these detectors during inspections. 
   SECTION 1.   SEC. 4.   Section 1596.95
of the Health and Safety Code is amended to read:
   1596.95.  Any person desiring issuance of a license for a day care
center or a special permit for specialized services in a day care
center under this chapter shall file with the department pursuant to
regulations, an application on forms, furnished by the department,
that shall include, but not be limited to, all of the following:
   (a)  Evidence satisfactory to the department of the ability of the
applicant to comply with this act and rules and regulations adopted
pursuant to this act by the department.
   (b)  Evidence satisfactory to the department that the applicant is
a reputable and responsible character. This evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1596.871, employment history, and character references. If
the applicant is a firm, association, organization, partnership,
business trust, corporation, or company, evidence of reputable and
responsible character shall be submitted as to the members or
shareholders thereof, and the person in charge of the day care center
for which application for issuance of license or special permit is
made.
   (c)  Evidence satisfactory to the department that the applicant
has sufficient financial resources to maintain the standards of
service required by regulations adopted pursuant to this act. The
information shall be required only upon initial application for
licensure, and when requested by the department, in writing,
explaining the need for the evidence as part of the department's
investigative function.
   (d)  Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in a child day care facility or in a facility
licensed pursuant to Chapter 1 (commencing with Section 1200), 2
(commencing with Section 1250), or 3 (commencing with Section 1500).
   (e)  Disclosure of a revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
   (f)  Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
   (g) Evidence satisfactory to the department that there is one or
more functioning carbon monoxide detectors in the facility that meet
the standards established in Chapter 8 (commencing with Section
13260) of Part 2 of Division 12. The department shall account for the
presence of the detectors during inspections.
   (h) Evidence satisfactory to the department that the applicant has
posted signs at the point of entry to the facility that provide the
telephone number of the local health department and state all of the
following:
   (1)  Protect your child--it is the law.
   (2)  All the information specified in Sections 27360 and 27360.5
of the Vehicle Code regarding child passenger restraint systems.
   (3)  Call your local health department for more information.
   (i) Any other information required by the department for the
proper administration and enforcement of this act.
   (j) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
   SEC. 2.   SEC. 5.   Section 1597.45 of
the Health and Safety Code is amended to read:
   1597.45.  All of the following shall apply to small family day
care homes:
   (a)  The use of single-family residence as a small family day care
home shall be considered a residential use of property for the
purposes of all local ordinances.
   (b)  No local jurisdiction shall impose a business license, fee,
or tax for the privilege of operating a small family day care home.
   (c)  Use of a single-family dwelling for purposes of a small
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law) or for purposes of local building codes.
   (d)  A small family day care home shall not be subject to Article
1 (commencing with Section 13100) or Article 2 (commencing with
Section 13140) of Chapter 1 of Part 2 of Division 2, except that a
small family day care home shall contain a fire extinguisher and
smoke detector device that meet standards established by the State
Fire Marshal and one or more functioning carbon monoxide detectors
that meet the requirements of Chapter 8 (commencing with Section
13260) of Part 2 of Division 12. The department shall account for the
presence of the carbon monoxide detectors during inspections.
   SEC. 3.   SEC. 6.   Section 1597.46 of
the Health and Safety Code is amended to read:
   1597.46.  All of the following shall apply to large family day
care homes:
   (a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
   (1) Classify these homes as a permitted use of residential
property for zoning purposes.
   (2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to a large family day care home that complies
with local ordinances prescribing reasonable standards, restrictions,
and requirements concerning spacing and concentration, traffic
control, parking, and noise control relating to those homes, and
complies with subdivision (e) and regulations adopted by the State
Fire Marshal pursuant to that subdivision. Noise standards shall be
consistent with local noise ordinances implementing the noise element
of the general plan and shall take into consideration the noise
level generated by children. The permit issued pursuant to this
paragraph shall be granted by the zoning administrator or, if there
is no zoning administrator, by the person or persons designated by
the planning agency to grant these permits, upon the certification
without a hearing.
   (3) Require a large family day care home to apply for a permit to
use a lot zoned for single-family dwellings. The zoning administrator
or, if there is no zoning administrator, the person or persons
designated by the planning agency to handle the use permits, shall
review and decide the applications. The use permit shall be granted
if the large family day care home complies with local ordinances, if
any, prescribing reasonable standards, restrictions, and requirements
concerning the following factors: spacing and concentration, traffic
control, parking, and noise control relating to those homes, and
complies with subdivision (e) and regulations adopted by the State
Fire Marshal pursuant to that subdivision. Noise standards shall be
consistent with local noise ordinances implementing the noise element
of the general plan and shall take into consideration the noise
levels generated by children. The local government shall process a
required permit as economically as possible.
   Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of fees,
and the city, county, or city and county shall provide the applicant
with a written breakdown within 45 days of the request. Beginning
July 1, 2007, the application form for large family day care home
permits shall include a statement of the applicant's right to request
the written fee verification.
   Not less than 10 days prior to the date on which the decision will
be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued pursuant
to this paragraph shall not be held before a decision is made unless
a hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any, of the appeal.
   (b) In connection with an action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
   (1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of an applicant, also provide information
about the anticipated length of time for reviewing and processing the
permit application.
   (2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
   (3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
   (c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
   (d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
   (e) A large family day care home shall have one or more
functioning carbon monoxide detectors that meet the requirements of
Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
The department shall account for the presence of the carbon monoxide
detectors during inspections.
   (f) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes, which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply uniformly
throughout the state and shall include, but not be limited to: (1)
the requirement that a large family day care home contain a fire
extinguisher or smoke detector device, or both, that meets standards
established by the State Fire Marshal; (2) specification as to the
number of required exits from the home; and (3) specification as to
the floor or floors on which day care may be provided. Enforcement of
these provisions shall be in accordance with Sections 13145 and
13146. No city, county, city and county, or district shall adopt or
enforce a building ordinance or local rule or regulation relating to
the subject of fire and life safety in large family day care homes
that is inconsistent with those standards adopted by the State Fire
Marshal, except to the extent the building ordinance or local rule or
regulation applies to single-family residences in which day care is
not provided.
   (g) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.
  SEC. 4.   SEC. 7.   Section 1597.54 of
the Health and Safety Code is amended to read:
   1597.54.  All family day care homes for children, shall apply for
a license under this chapter, except that a home that on June 28,
1981, had a valid and unexpired license to operate as a family day
care home for children under other provisions of law shall be deemed
to have a license under this chapter for the unexpired term of the
license at which time a new license may be issued upon fulfilling the
requirements of this chapter.
   An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, that shall include,
but not be limited to, all of the following:
   (a)  A brief statement confirming that the applicant is
financially secure to operate a family day care home for children.
The department shall not require any other specific or detailed
financial disclosure.
   (b)  (1)  Evidence that the small family day care home contains a
fire extinguisher or smoke detector device, or both, that meets
standards established by the State Fire Marshal under subdivision (d)
of Section 1597.45, or evidence that the large family day care home
meets the standards established by the State Fire Marshal under
subdivision (d) of Section 1597.46.
   (2)  Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
   (3) Evidence satisfactory to the department that there is one or
more functioning carbon monoxide detectors in the facility that meet
the standards of Chapter 8 (commencing with Section 13260) of Part 2
of Division 12. The department shall account for the presence of the
detectors during inspections.
   (c)  The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.
   (d)  Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care.
   (e)  Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to those
chapters.
   (f)  Evidence satisfactory to the department that the applicant
and all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.
   (g)  Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
   (h)  Other information as may be required by the department for
the proper administration and enforcement of the act.
   SEC. 8.    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.