BILL NUMBER: AB 2386 CHAPTERED
BILL TEXT
CHAPTER 503
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2014
APPROVED BY GOVERNOR SEPTEMBER 20, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN SENATE AUGUST 20, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN ASSEMBLY MAY 7, 2014
INTRODUCED BY Assembly Member Mullin
FEBRUARY 21, 2014
An act to amend Sections 1597.45 and 1597.46 of, and to add
Sections 1503.2, 1568.043, 1569.311, 1596.954, and 1597.543 to, the
Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2386, Mullin. 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 and residential care facilities for
persons with chronic, life-threatening illness, by the State
Department of Social Services. Violation of the provisions relating
to residential care facilities for the elderly and residential care
facilities for persons with chronic, life-threatening illness is a
misdemeanor. Existing law also provides for the licensing and
regulation of day care centers and family day care homes by the
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, residential care facilities for
persons with chronic, life-threatening illness, 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 and
residential care facilities for persons with chronic,
life-threatening illness, 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.
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 or certified 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 1568.043 is added to the Health and Safety Code,
to read:
1568.043. A residential care facility for persons with chronic,
life-threatening illness shall have one or more carbon monoxide
detectors in the facility that meet the standards established on
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. 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.
SEC. 4. Section 1596.954 is added to the Health and Safety Code,
to read:
1596.954. Every licensed child day care center 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. 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 a 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 12, 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. 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. 7. Section 1597.543 is added to the Health and Safety Code,
to read:
1597.543. Every family day care home for children 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. 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.