California Legislature—2013–14 Regular Session

Assembly Bill No. 2386

Introduced by Assembly Member Mullin

February 21, 2014

An act to amend Sections 1596.95, 1597.45, 1597.46, and 1597.54 of the Health and Safety Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

AB 2386, as introduced, Mullin. Child care facilities: carbon monoxide detectors.

Existing law provides for the licensing and regulation of day care centers and family day care homes by the State Department of Social Services. Existing law requires day care centers and family day care homes to have specified fire prevention devices.

This bill would require day care centers and family day care homes to have one or more functioning carbon monoxide detectors that meet specified statutory requirements in the facility and would require the department to account for the presence of the detectors during inspections.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1596.95 of the Health and Safety Code
is amended to read:

1596.95.  

Any person desiring issuance of a license for a day
care center or a special permit for specialized services in a day
care center under this chapter shall file with the department
pursuant to regulations, an application on forms begin insert , end insert furnished by the
department, begin delete which end delete begin insert that end insert shall include, but not be limited to, all of
the following:

(a)  Evidence satisfactory to the department of the ability of the
applicant to comply with this act and rules and regulations adopted
pursuant to this act by the department.

(b)  Evidence satisfactory to the department that the applicant
is a reputable and responsible character. This evidence shall
include, but not be limited to, a criminal record clearance pursuant
to Section 1596.871, employment history, and character references.
If the applicant is a firm, association, organization, partnership,
business trust, corporation, or company, evidence of reputable and
responsible character shall be submitted as to the members or
shareholders thereof, and the person in charge of the day care
center for which application for issuance of license or special
permit is made.

(c)  Evidence satisfactory to the department that the applicant
has sufficient financial resources to maintain the standards of
service required by regulations adopted pursuant to this act. The
information shall be required only upon initial application for
licensure, and when requested by the department, in writing,
explaining the need for the evidence as part of the department’s
investigative function.

(d)  Disclosure of the applicant’s prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in begin delete any end delete begin insert a end insert child day care facility or in begin delete any end delete begin insert a end insert facility
licensed pursuant to Chapter 1 (commencing with Section 1200),
2 (commencing with Section 1250), or 3 (commencing with Section
1500).

(e)  Disclosure of begin delete any end delete begin insert a end insert revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).

(f)  Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months.
The documentation of these drills shall be maintained at the facility
on a form prepared by the department and shall include the date
and time of the drills.

begin insert

(g) Evidence satisfactory to the department that there is one or
more functioning carbon monoxide detectors in the facility that
meet the standards established in Chapter 8 (commencing with
Section 13260) of Part 2 of Division 12. The department shall
account for the presence of the detectors during inspections.

end insert begin delete

(g)

end delete

begin insert (h) end insert  Evidence satisfactory to the department that the applicant
has posted signs at the point of entry to the facility that provide
the telephone number of the local health department and state all
of the following:

(1)  Protect your child--it is the law.

(2)  All the information specified in Sections 27360 and 27360.5
of the Vehicle Code regarding child passenger restraint systems.

(3)  Call your local health department for more information.

begin delete

(h)

end delete

begin insert (i) end insert  Any other information begin delete as may be end delete required by the department
for the proper administration and enforcement of this act.

begin delete

(i)

end delete

begin insert (j) end insert  Failure of the applicant to cooperate with the licensing agency
in the completion of the application shall result in the denial of the
application. Failure to cooperate means that the information
described in this section and in regulations of the department has
not been provided, or not provided in the form requested by the
licensing agency, or both.

SEC. 2.  

Section 1597.45 of the Health and Safety Code is
amended to read:

1597.45.  

All of the following shall apply to small family day
care homes:

(a)  The use of single-family residence as a small family day
care home shall be considered a residential use of property for the
purposes of all local ordinances.

(b)  No local jurisdiction shall impose begin delete any end delete begin insert a end insert business license,
fee, or tax for the privilege of operating a small family day care
home.

(c)  Use of a single-family dwelling for purposes of a small
family day care home shall not constitute a change of occupancy
for purposes of Part 1.5 (commencing with Section 17910) of
Division 13 (State Housing Law) or for purposes of local building
codes.

(d)  A small family day care home shall not be subject to Article
1 (commencing with Section 13100) or Article 2 (commencing
with Section 13140) of Chapter 1 of Part 2 begin insert of Division 2 end insert , except
that a small family day care home shall contain a fire extinguisher
and smoke detector device that meet standards established by the
State Fire Marshal begin insert and one or more functioning carbon monoxide
detectors that meet the requirements of Chapter 8 (commencing
with Section 13260) of Part 2 of Division 12. The department shall
account for the presence of the carbon monoxide detectors during
inspections end insert .

SEC. 3.  

Section 1597.46 of the Health and Safety Code is
amended to read:

1597.46.  

All of the following shall apply to large family day
care homes:

(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings,
but shall do one of the following:

(1) Classify these homes as a permitted use of residential
property for zoning purposes.

(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to begin delete any end delete begin insert a end insert large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (e) and begin delete any end delete
regulations adopted by the State Fire Marshal pursuant to that
subdivision. begin delete Any noise end delete begin insert Noise end insert standards shall be consistent with
local noise ordinances implementing the noise element of the
general plan and shall take into consideration the noise level
generated by children. The permit issued pursuant to this paragraph
shall be granted by the zoning begin delete administrator, end delete begin insert administrator end insert or begin insert , end insert if
there is no zoning administrator begin insert , end insert by the person or persons
designated by the planning agency to grant these permits, upon
the certification without a hearing.

(3) Require begin delete any end delete begin insert a end insert large family day care home to apply for a
permit to use a lot zoned for single-family dwellings. The zoning
begin delete administrator, end delete begin insert administrator end insert or begin insert , end insert if there is no zoning administrator,
the person or persons designated by the planning agency to handle
the use permits, shall review and decide the applications. The use
permit shall be granted if the large family day care home complies
with local ordinances, if any, prescribing reasonable standards,
restrictions, and requirements concerning the following factors:
spacing and concentration, traffic control, parking, and noise
control relating to those homes, and complies with subdivision (e)
and begin delete any end delete regulations adopted by the State Fire Marshal pursuant to
that subdivision. begin delete Any noise end delete begin insert Noise end insert standards shall be consistent
with local noise ordinances implementing the noise element of the
general plan and shall take into consideration the noise levels
generated by children. The local government shall process begin delete any end delete begin insert a end insert
required permit as economically as possible.

Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of
fees, and the city, county, or city and county shall provide the
applicant with a written breakdown within 45 days of the request.
Beginning July 1, 2007, the application form for large family day
care home permits shall include a statement of the applicant’s right
to request the written fee verification.

Not less than 10 days prior to the date on which the decision
will be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued
pursuant to this paragraph shall not be held before a decision is
made unless a hearing is requested by the applicant or other
affected person. The applicant or other affected person may appeal
the decision. The appellant shall pay the cost, if any, of the appeal.

(b) In connection with begin delete any end delete begin insert an end insert action taken pursuant to paragraph
(2) or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:

(1) Upon the request of an applicant, provide a list of the permits
and fees that are required by the city, county, or city and county,
including information about other permits that may be required
by other departments in the city, county, or city and county, or by
other public agencies. The city, county, or city and county shall,
upon request of begin delete any end delete begin insert an end insert applicant, also provide information about
the anticipated length of time for reviewing and processing the
permit application.

(2) Upon the request of an applicant, provide information on
the breakdown of any individual fees charged in connection with
the issuance of the permit.

(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.

(c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of
the Public Resources Code.

(d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy
for purposes of Part 1.5 (commencing with Section 17910) of
Division 13 (State Housing Law), or for purposes of local building
and fire codes.

begin insert

(e) A large family day care home shall have one or more
functioning carbon monoxide detectors that meet the requirements
of Chapter 8 (commencing with Section 13260) of Part 2 of
Division 12. The department shall account for the presence of the
carbon monoxide detectors during inspections.

end insert begin delete

(e)

end delete

begin insert (f) end insert  Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision.
The State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes begin insert , end insert which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply
uniformly throughout the state and shall include, but not be limited
to: (1) the requirement that a large family day care home contain
a fire extinguisher or smoke detector device, or both, begin delete which end delete begin insert that end insert
meets standards established by the State Fire Marshal; (2)
specification as to the number of required exits from the home;
and (3) specification as to the floor or floors on which day care
may be provided. Enforcement of these provisions shall be in
accordance with Sections 13145 and 13146. No city, county, city
and county, or district shall adopt or enforce begin delete any end delete begin insert a end insert building
ordinance or local rule or regulation relating to the subject of fire
and life safety in large family day care homes begin delete which end delete begin insert that end insert is
inconsistent with those standards adopted by the State Fire Marshal,
except to the extent the building ordinance or local rule or
regulation applies to single-family residences in which day care
is not provided.

begin delete

(f)

end delete

begin insert (g) end insert  The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.

SEC. 4.  

Section 1597.54 of the Health and Safety Code is
amended to read:

1597.54.  

All family day care homes for children, shall apply
for a license under this chapter, except that begin delete any end delete begin insert a end insert home begin delete which end delete begin insert that end insert
on June 28, 1981, had a valid and unexpired license to operate as
a family day care home for children under other provisions of law
shall be deemed to have a license under this chapter for the
unexpired term of the license at which time a new license may be
issued upon fulfilling the requirements of this chapter.

An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, begin delete which end delete begin insert that end insert shall
include, but not be limited to, all of the following:

(a)  A brief statement confirming that the applicant is financially
secure to operate a family day care home for children. The
department shall not require any other specific or detailed financial
disclosure.

(b)  (1)  Evidence that the small family day care home contains
a fire extinguisher or smoke detector device, or both, begin delete which end delete begin insert that end insert
meets standards established by the State Fire Marshal under
subdivision (d) of Section 1597.45, or evidence that the large
family day care home meets the standards established by the State
Fire Marshal under subdivision (d) of Section 1597.46.

(2)  Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months.
The documentation of these drills shall be maintained at the facility
on a form prepared by the department and shall include the date
and time of the drills.

begin insert

(3) Evidence satisfactory to the department that there is one or
more functioning carbon monoxide detectors in the facility that
meet the standards of Chapter 8 (commencing with Section 13260)
of Part 2 of Division 12. The department shall account for the
presence of the detectors during inspections.

end insert

(c)  The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.

(d)  Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care.

(e)  Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to
those chapters.

(f)  Evidence satisfactory to the department that the applicant
and all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.

(g)  Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the denial
of the application. Failure to cooperate means that the information
described in this section and in regulations of the department has
not been provided, or not provided in the form requested by the
licensing agency, or both.

(h)  Other information as may be required by the department
for the proper administration and enforcement of the act.