AB 462, as introduced, Stone. 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 non ambulatory 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 the assessment of related inspection fees. Violation of provisions related to fire protection requirements is a crime.
This bill would require a residential care facility for the elderly or adult residential facility, as defined, that has a valid license as of January 1, 2014, to have installed and maintained on and after January 1, 2016, an operable automatic fire sprinkler system approved by the State Fire Marshal. The bill would require a residential care facility for which a license is newly issued on or after January 1, 2016, to have an approved, operable automatic fire sprinkler system. The bill would also provide that if the facility does not own the property the landlord shall determine all phases of construction, and the facility shall pay all costs including permit fees, cost of design and construction, and tenant relocation costs. The bill would limit specified inspection fees related to the sprinkler systems. The bill would require, by January 1, 2015, the State Fire Marshal to adopt regulations to implement the above provisions. By changing the definition of a crime, 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: yes.
The people of the State of California do enact as follows:
This act shall be known as the Residential Care
2Facility Fire Safety Act of 2013.
Section 13113.11 is added to the Health and Safety
4Code, immediately following Section 13113.09, to read:
(a) As used in this section, “residential care facility”
6means a residential care facility for the elderly, as defined in
7Section 1569.2, or an adult residential facility, as defined in Section
880001(a)(5) of Title 22 of the California Code of Regulations, that
9is licensed to care for not more than six residents.
10(b) Every residential care facility for the elderly and adult
11residential facility that has a valid license as of January 1, 2014,
12shall have installed and maintained on and after January 1, 2016,
13an operable automatic fire sprinkler system approved by the State
14Fire Marshal that meets nationally recognized standards for the
15installation of sprinkler systems in one- and two-family dwellings
16and manufactured homes, as approved by the
State Fire Marshal
17and adopted as a building standard by the California Building
18Standards Commission. The State Fire Marshal shall approve the
P3 1standard by December 31, 2014. Notwithstanding Section 13143.5,
2a local jurisdiction shall not require a sprinkler system that exceeds
3this standard by amending the standard or applying standards other
4than the standard approved by the State Fire Marshal.
5(c) Every residential care facility for which a license is newly
6issued after January 1, 2016, shall have installed and maintained
7an operable automatic fire sprinkler system approved by the State
8Fire Marshal that meets the nationally recognized standard
9approved by the State Fire Marshal and adopted as a building
10standard by the California Building Standards Commission for the
11installation of sprinkler systems in one- and two-family dwellings
12and manufactured homes. The State Fire Marshal shall approve
13the standard by December 31, 2014.
Notwithstanding Section
1413143.5, a local jurisdiction shall not require a sprinkler system
15that exceeds this standard by amending the standard or applying
16standards other than the standards approved by the State Fire
17Marshal.
18(d) For purposes of complying with subdivisions (b) and (c),
19the following shall apply:
20(1) A landlord or his or her agent shall determine all phases of
21construction, including selection of a contractor, improvements,
22and design.
23(2) At least one year prior to complying with this section, the
24residential care facility shall pay the landlord or his or her agent
25all costs associated with compliance with this section, including
26permit fees, cost of design and construction, and tenant relocation
27costs.
28(e) By January 1, 2015, the State
Fire Marshal shall adopt
29regulations to implement this section. These regulations shall
30address those fire safety features no longer required of a licensee
31after an operable automatic fire sprinkler system is installed and
32maintained. The State Fire Marshal shall ensure that any regulation
33developed pursuant to this section, including any future changes
34to this section or to the standard required by this section, will be
35reflected accurately within the California Code of Regulations.
36(f) A public or private water agency shall not interpret this
37section as changing the status of a residential care facility from a
38residence entitled to residential water rates and as requiring that a
39new meter or larger connection pipe be installed at a facility.
P4 1(g) The fee imposed by a local fire marshal for plan review or
2installation inspections of a fire sprinkler system required by this
3section
shall not exceed two hundred dollars ($200).
4(h) If the installation of a fire sprinkler system is the sole
5renovation, the fee imposed for a local building inspection shall
6not exceed two hundred dollars ($200).
7(i) Local government units are encouraged to work together to
8minimize the number of preinstallation and postinstallation
9inspections and minimize fees imposed on a residential care facility
10for the elderly.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
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