Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 462

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 amended, Stone. Fire protection: residential care begin delete facilities for the elderly. end delete begin insert facilities. end insert

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 begin delete non ambulatory end delete begin insert nonambulatory end insert 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. begin delete Violation end delete begin insert A violation end insert 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, begin delete 2016 end delete begin insert 2018 end insert , an operable automatic fire sprinkler system approved by the State Fire Marshal. The bill would require a residential care facility begin insert , defined to include these facilities, end insert for which a license is newly issued on or after January 1, begin delete 2016 end delete begin insert 2017 end insert , to have an approved, operable automatic fire sprinkler system. The bill would also provide that if the facility does not own the property the begin delete landlord end delete begin insert property owner end insert shall determine all phases of construction, and the facility begin insert licensee end insert shall pay all costs begin delete including permit fees, cost of design and construction, and tenant relocation costs end delete begin insert associated with compliance with these provisions end insert . The bill would limit specified inspection fees related to the sprinkler systems. The bill would require, by January 1, begin delete 2015 end delete begin insert 2016 end insert , 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, begin delete 2016 end delete
begin insert 2018 end insert , an operable automatic fire sprinkler system approved by the
State Fire Marshal that meets begin insert the end insert nationally recognized begin delete standards
for the installation of sprinkler systems in one- and two-family
dwellings and manufactured homes, end delete begin insert standard, pursuant to
“National Fire Protection Association 13D: Standard for the
Installation of Sprinkler Systems in One and Two end insert begin insert -Family Dwellings
and Manufactured Homes end insert begin insert ,” end insert as approved by the State Fire Marshal
and adopted as a building standard by the California Building
Standards Commission. The State Fire Marshal shall begin delete approve the
standard end delete begin insert establish and approve, end insert by December 31, 2014 begin insert , the design
criteria for automatic fire sprinkler systems to be installed in
existing residential care facilities, which shall be consistent with
the requirements pursuant to the California Building Standards
Code (Section R-313 of Title 24 of Part 2.5 of the California Code
of Regulations). The State Fire Marshal, working in conjunction
with the Department of Housing and Community Development,
shall establish and approve by December 31, 2014, the design
criteria for automatic fire sprinkler systems to be installed in
existing residential care facilities that use a manufactured home
as the facility, which shall be consistent with the requirements
pursuant to Article 2.5 (commencing with Section 4300) of
Subchapter (2) of Chapter (3) of Division (1) of Title 25 of the
California Code of Regulations end insert . 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, begin delete 2016 end delete begin insert 2017 end insert , shall have installed and
maintained an operable automatic fire sprinkler system approved
by the State Fire Marshal that meets the nationally recognized
standard begin insert , pursuant to “National Fire Protection Association 13D:
Standard for the Installation of Sprinkler Systems in One and
Two end insert begin insert -Family Dwellings and Manufactured Homes end insert begin insert , end insert begin insert ” end insert approved by
the State Fire Marshal and adopted as a building standard by the
California Building Standards Commission begin delete for the installation of
sprinkler systems in one- and two-family dwellings and
manufactured homes end delete . The State Fire Marshal shall begin delete approve the
standard by December 31, 2014 end delete begin insert establish and approve by
December 1, 2014, the design criteria for automatic fire sprinkler
systems to be installed in new residential care facilities, which
shall be consistent with the requirements pursuant to the California
Building Standards Code (Section R-313 of Title 24 of Part 2.5 of
the California Code of Regulations). The State Fire Marshal,
working in conjunction with the Department of Housing and
Community Development, shall establish and approve by December
31, 2014, the design criteria for automatic fire sprinkler systems
to be installed in new residential care facilities that use a
manufactured home as the facility, which shall be consistent with
the requirements pursuant to Article 2.5 (commencing with Section
4300) of Subchapter (2) of Chapter 3 of Division 1 of Title 25 of
the California Code of Regulations end insert . 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 begin delete landlord end delete begin insert property owner end insert or begin delete his or her end delete begin insert the property owner’s end insert
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 begin insert licensee end insert shall pay the begin delete landlord end delete begin insert property
owner end insert or begin delete his or her end delete begin insert the property owner’s end insert agent all costs associated
with compliance with this section begin delete , including permit fees, cost of
design and construction, and tenant relocation costs end delete .

(e) By January 1, begin delete 2015 end delete begin insert 2016 end insert , 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.

begin delete

(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.

end delete begin delete

(g)

end delete

begin insert (f) end insert  The fee imposed by a local fire marshal begin insert or building
department end insert for plan review or installation inspections of a fire
sprinkler system required by this section shall not exceed begin delete two
hundred dollars ($200) end delete begin insert the actual cost of the plan review or
installation inspection for each existing facility undergoing a plan
review or inspection, including if the fire sprinkler system is the
sole renovation end insert .

begin delete

(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).

end delete begin delete

(i)

end delete

begin insert (g) end insert  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
begin delete for the elderly end delete begin insert pursuant to this section end insert .

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.