BILL NUMBER: AB 462 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Stone
FEBRUARY 19, 2013
An act to add Section 13113.11 to the Health and Safety Code,
relating to fire protection.
LEGISLATIVE COUNSEL'S DIGEST
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:
SECTION 1. This act shall be known as the Residential Care
Facility Fire Safety Act of 2013.
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"
means a residential care facility for the elderly, as defined in
Section 1569.2, or an adult residential facility, as defined in
Section 80001(a)(5) 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 and adult
residential facility that has a valid license as of January 1, 2014,
shall have installed and maintained on and after January 1, 2016, an
operable automatic fire sprinkler system approved by the State Fire
Marshal that meets nationally recognized standards for the
installation of sprinkler systems in 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 approve the standard by
December 31, 2014. 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 which a license is newly
issued after January 1, 2016, shall have installed and maintained an
operable automatic fire sprinkler system approved by the State Fire
Marshal that meets the nationally recognized standard approved by the
State Fire Marshal and adopted as a building standard by the
California Building Standards Commission for the installation of
sprinkler systems in one- and two-family dwellings and manufactured
homes. The State Fire Marshal shall approve the standard by December
31, 2014. 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), the
following shall apply:
(1) A landlord or his or her 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
residential care facility shall pay the landlord or his or her agent
all costs associated with compliance with this section, including
permit fees, cost of design and construction, and tenant relocation
costs.
(e) By January 1, 2015, 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) A public or private water agency shall not interpret this
section as changing the status of a residential care facility from a
residence entitled to residential water rates and as requiring that a
new meter or larger connection pipe be installed at a facility.
(g) The fee imposed by a local fire marshal for plan review or
installation inspections of a fire sprinkler system required by this
section shall not exceed two hundred dollars ($200).
(h) If the installation of a fire sprinkler system is the sole
renovation, the fee imposed for a local building inspection shall not
exceed two hundred dollars ($200).
(i) 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
for the elderly.
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.