BILL ANALYSIS Ó
AB 462
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 462 (Stone) - As Amended: April 3, 2013
SUBJECT : Fire protection: residential care facilities
SUMMARY : Requires a Residential Care Facility for the Elderly
(RCFEs) or Adult Residential Facilities (ARFs) that has a valid
license as of a January 1, 2014, to have installed and
maintained on and after January 1, 2018, an operable automatic
fire sprinkler system approved by the State Fire Marshal (SFM).
Specifically, this bill :
1)Requires a residential care facility for which a license is
newly issued on or after January 1, 2017, to have an approved,
operable automatic fire sprinkler system.
2)Provides that if the facility does not own the property, the
property owner shall determine all phases of construction, and
the facility licensee shall pay all costs associated with
compliance with the provisions of this measure.
3)Limits specified inspection fees related to the sprinkler
systems.
4)Requires by January 1, 2016, the SFM to adopt regulations to
implement the provisions of this measure.
EXISTING LAW
1)Prohibits a person, firm, or corporation from establishing,
maintaining, or operating any hospital or other specified care
facility for more than six 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 six persons, unless it has, among other things, an
automatic fire sprinkler or extinguishing system approved by
the SFM.
2)Establishes the SFM within the Department of Forestry and Fire
Protection and sets forth its duties, including administering
provisions relating to inspection and approval of fire
protection measures for health and community care facilities.
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3)Places responsibility for enforcing SFM building standards
upon prescribed local agencies and provides for the assessment
of related inspection fees.
4)Establishes the licensing of community care facilities, for
which the Department of Social Services is responsible.
5)Specifies that a violation of provisions related to fire
protection requirements is a crime.
6)Prohibits a local fire official from imposing fire safety
requirements stricter than the applicable state ones for
facilities serving six or fewer clients.
7)Specifies that care facilities housing more than six persons
have automatic sprinkler systems
8)Requires the SFM to establish separate fire and panic safety
standards for specified facilities, and that the SFM is
responsible for the promulgation of regulations for the
prevention of fire and protection of life and property against
fire in buildings that house six or fewer persons of any age
that are placed there by order of a government agency for
their protection.
9)Establishes that a residential facility that serves six or
fewer persons shall be considered a residential use of
property.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, this measure
would help protect elderly or disabled residents and staff
members of small residential care facilities from potentially
life-threatening fires. RCFEs and ARFs provide 24-hour,
non-medical care for people who, due to age or disability,
require assistance with activities of daily living and cannot
receive that care in their homes. ARFs provide care for people
age 18 to 59 that may have a physical, developmental or
intellectual disability. RCFEs provide care for people 60 years
of age and older and younger people if their needs are similar
to other individuals in the RCFE.
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Current law doesn't provide adequate fire safety standards for
people with mobility limitations that live in smaller Elderly
and Adult Residential Facilities. While many people who life in
RCFEs and ARFs are ambulatory and are able to walk or otherwise
move about on their own, others require extensive assistance
ambulating - which may be difficult to provide during a fire
emergency.
The author states that many RCFEs and ARFs with six or fewer
residents only have one caregiver on staff at any given time.
When there is a fire in an RCFE or an ARF, residents' lives are
put in jeopardy if their only remedy is an expedient exit from
the home with help from one caregiver. An automatic sprinkler
system can prevent a fire from spreading to allow time for
caregivers to help residents exit the home safely.
Injuries/fatalities : Since 1991 there have been between
fourteen and seventeen fatalities and nine injuries to
residents/guests due to fires at RCFEs throughout California.
The latest fire occurred in the City of Marina on November 5,
2011. According to reports, all five of the disabled residents
of the home died, while two care-givers managed to escape after
trying unsuccessfully to help the young adults trapped in the
burning home. After the tragedy, Marina Fire Chief Harald
Kelley said that, "the modest cost of a fire sprinkler is a
small price to pay if it means a life is spared."
Background : There are currently 7,592 RCFEs in California and
5,160 ARFs. Of these 6,033 RCFEs, or roughly 79%, and 4,401
ARFs, or approximately 85%, are licensed for six or fewer beds.
Tittle 22 of the California code of Regulations defines "adult
residential facility" as any facility of any capacity that
provides 24-hour a day non-medical care and supervision to
adults except elderly persons.
The Health and Safety Code defines RCFEs as a housing
arrangement chosen voluntarily by persons 60 years of age or
over, or their authorized representative, where varying levels
and intensities of care and supervision, protective supervision,
or personal care are provided, based upon their varying needs,
as determined in order to be admitted and to remain in the
facility. Persons under 60 years of age with compatible needs
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may be allowed to be admitted or retained in a RCFE as
specified.
Reintroduction of earlier bills : Similar bills in the past,
including AB 759 (Karnette) of the 2007-08 session and AB 2836
(Karnette) of the 2005-2006 session, have been vetoed by then
Governor Schwarzenegger. The Governor's veto message stated
that, "while I appreciate the author's intent to mitigate
injuries and fatal fires in small residential care facilities,
this bill could place a significant economic impact on
residential care providers and the health care industry at
large. Inadequate housing for elderly persons, many who have
disabilities, is already a significant problem. This bill may
result in fewer facilities being available to serve the
elderly."
Arguments in support : The California Advocates for Nursing Home
Reform states that many residents need assistance in leaving a
facility in case of an emergency because of physical or
cognitive impairments. A fire sprinkler system will provide
needed and added protection.
Requiring sprinklers will do one thing and one thing only - it
will save lives! In November 2011, five innocent young lives
were lost in an ARF in Marina, CA. Four of the five residents
were non-ambulatory, like many residents in ARFs and RCFEs. If
a sprinkler system had been in place it is probable that the
residents would be alive today. This bill provides a reasonable
timetable for facilities to install fire sprinkler system. AB
462 will not decrease housing options for the elderly or persons
with disabilities. It will not run RCFE providers out of
business. It will only save the lives of the elderly and
disabled when there is a fire.
The Plumbing-Heating-Cooling Contractors Association of
California state that even with effective passive fire
protection in a residential facility, the residents are at a
severe disadvantage when it comes to fire safety. The rate at
which a fire expands is often too quick to safely evacuate all
residents from the building. Frail, disabled or mentally
challenged individuals may panic or simply not have the energy
or means to get out of the building quickly enough. It is
therefore of paramount importance that an automatic sprinkler
system be fitted throughout a residential facility. If a fire
is detected early it takes surprisingly little water to
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extinguish. A fire sprinkler localizes and controls or
extinguishes a fire well before the fire department arrives
allowing all occupants to evacuate safely. AB 462 helps protect
those residents of small facilities.
Arguments in opposition : Disability Rights in California (DRC)
has taken an opposed unless amended position to the bill. DRC
would like to see an amendment that would limit the requirement
of installation and maintaining an operable fire sprinkler
system to those residential care facilities for the elderly or
adult residential facilities newly constructed as of January 1,
2011.
DRC states that current law prohibits local ordinances that
treat licensed residential facilities for six or fewer persons
differently than other family dwellings of the same type in the
same zone with respect to health and safety and building
standards. AB 462 is contrary to current state law requiring
housing for people with disabilities, particularly facilities
for six or fewer individuals, to be treated like other
residential facilities with a valid license as of January 1,
2014 to install and maintain an operable automatic fire
sprinkler system approved by the SFM. Residential single family
dwellings are only required to install and maintain an operable
automatic fire sprinkler system in the dwelling is newly
constructed as of January 1, 2011.
AB 462 will, effectively, repeal current state law that is
intended to ensure the availability of housing for people with
disabilities. By imposing additional, costly requirements on
virtually all licensed residential facilities, which are not
imposed on similar dwellings built prior to January 1, 2011, AB
462 will reduce the availability of housing opportunities for
people with disabilities who need such group living
arrangements. The inevitable result will be that a large number
of residential care facilities will close up and significant
numbers of individuals with disabilities will be forced into
more restrictive, more costly, and otherwise unnecessary
institutional care, including nursing facilities and state
institutions.
Double referral : Should AB 462 pass the Assembly Committee on
Governmental Organization on Wednesday, April 10, 2013, this
bill will be referred to the Assembly Committee on Human
Services for further consideration.
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Prior Legislation :
AB 759 (Karnette), 2007-2008 Legislative Session. The bill
required every Residential Care Facility for the Elderly that is
licensed to care for not more than 6 residents, to have an
approved, operable automatic fire sprinkler system on and after
July 1, 2011, if they are licensed as of July 1, 2010. Requires
every facility for which a license is newly issued on or after
July 1, 2010, to have an approved, operable automatic fire
sprinkler system on and after the date of issuance. (Vetoed by
the Governor)
AB 2836 (Karnette), 2005-2006 Legislative Session. The bill
required Residential Care Facilities for the Elderly that house
or care for four or more clients or residents, to have an
approved, operable automatic fire sprinkler system on and after
January 1, 2014, if they are licensed as of January 1, 2010.
Requires every facility for which a license is newly issued on
or after January 1, 2010, to have an approved, operable
automatic fire sprinkler system on and after the date of
issuance. (Vetoed by the Governor)
AB 2065 (Nakano), 2003-2004 Legislative Session. The bill would
have required every residential care facility for the elderly
and every adult residential facility, which houses or cares for
no more than six guests or patients, to have installed and
maintained an operable automatic fire sprinkler system approved
by the SFM. AB 2065 would have required all newly licensed
facilities to have sprinklers after January 1, 2006, and all
facilities that are currently licensed to have sprinklers after
January 1, 2010. (Held in Senate Appropriations Committee)
SB 1896 (Ortiz) Chapter 817, Statutes of 2000. The bill requires
the SFM and DSS each to promulgate regulations applicable to all
residential facilities licensed by DSS, regulations that would
permit residents to remain in home-like settings, and, at a
minimum, would guide fire safety in a residence of six or fewer
clients, at least one of whom is bed-ridden.
REGISTERED SUPPORT / OPPOSITION :
Support
California Advocates for Nursing Home Reform (Sponsor)
AB 462
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Consumer Federation of California (Co-Sponsor)
California Fire Chiefs Association
California State Firefighters' Association
Law Offices of Steven Riess
Older Women's League of California
Plumbing-Heating-Cooling Contractors Association of California
Opposition
Community Residential Care Association of California
Disability Rights California (Oppose Unless Amended)
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531