BILL NUMBER: AB 462 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2013
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
facilities for the elderly. facilities.
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
nonambulatory 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 A 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 2018 , an
operable automatic fire sprinkler system approved by the State Fire
Marshal. The bill would require a residential care facility ,
defined to include these facilities, for which a license is
newly issued on or after January 1, 2016 2017
, 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 property owner
shall determine all phases of construction, and the facility
licensee shall pay all costs including permit
fees, cost of design and construction, and tenant relocation costs
associated with compliance with these provisions
. The bill would limit specified inspection fees related to the
sprinkler systems. The bill would require, by January 1,
2015 2016 , 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 2018 , an operable automatic fire sprinkler
system approved by the State Fire Marshal that meets the
nationally recognized standards for the installation of
sprinkler systems in one- and two-family dwellings and manufactured
homes, standard, pursuant to "National Fire Protection
Association 13D: Standard 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 establish and approve, by December 31,
2014 , 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 sprinkl er 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 . 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 2017 ,
shall have installed and maintained an operable automatic fire
sprinkler system approved by the State Fire Marshal that meets the
nationally recognized standard , pursuant to "National Fire
Protection Association 13D: Standard for the Installation of
Sprinkler Systems in One and Two -Family
Dwellings and Manufactured Homes , "
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
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 . 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 property owner or
his or her the property owner's 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 licensee shall pay the
landlord property owner or his or her
the property owner's 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 2016 , 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)
(f) The fee imposed by a local fire marshal or
building department for plan review or installation inspections
of a fire sprinkler system required by this section shall not exceed
two hundred dollars ($200) 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 .
(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)
(g) 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
pursuant to this section .
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.