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

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-Introduced.html

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BILL NUMBER: AB 2386	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2386, as introduced, Mullin. Child care facilities: carbon
monoxide detectors.
   Existing law provides for the licensing and regulation of day care
centers and family day care homes by the State Department of Social
Services. Existing law requires day care centers and family day care
homes to have specified fire prevention devices.
   This bill would require 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  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,  which   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  any   a  child day care
facility or in  any   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  any   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.  
   (g) 
    (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.

   (h) 
    (i)  Any other information  as may be 
required by the department for the proper administration and
enforcement of this act. 
   (i) 
    (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.  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  any 
 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
det   ectors   during inspections .
  SEC. 3.  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  any   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  any  regulations adopted by the State Fire
Marshal pursuant to that subdivision.  Any noise 
 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,   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  any   a  large family day
care home to apply for a permit to use a lot zoned for single-family
dwellings. The zoning  administrator, 
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  any  regulations adopted by
the State Fire Marshal pursuant to that subdivision.  Any
noise   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  any 
 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  any   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  any   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.  
   (e) 
    (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,
 which   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
 any   a  building ordinance or local rule
or regulation relating to the subject of fire and life safety in
large family day care homes  which   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. 
   (f) 
    (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.  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  any  
a  home  which   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,  which
  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,  which
  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.