Amended in Assembly May 7, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2386

Introduced by Assembly Member Mullin

February 21, 2014

An act to amend Sections begin insert 1569.150, end insert 1596.95, 1597.45, 1597.46, and 1597.54 of begin insert , and to add Sections 1503.2 and 1569.311 to, end insert the Health and Safety Code, relating to begin delete child care. end delete begin insert care facilities. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2386, as amended, Mullin. begin delete Child care end delete begin insert Care end insert facilities: carbon monoxide detectors.

begin insert Existing law provides for the licensing and regulation of community care facilities, including residential facilities, adult day programs, foster family homes, community treatment facilities, and others, and for the licensing and regulation of residential care facilities for the elderly, by the State Department of Social Services. Violation of the provisions relating to residential care facilities for the elderly is a misdemeanor. end insert Existing law begin insert also end insert provides for the licensing and regulation of day care centers and family day care homes by the begin delete State Department of Social Services end delete begin insert department end insert . Existing law requires day care centers and family day care homes to have specified fire prevention devices.

This bill would require begin insert community care facilities, residential care facilities for the elderly, and end insert 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. begin insert By creating a new crime, with respect to residential care facilities for the elderly, this bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1503.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1503.2. end insert   

Every facility licensed pursuant to this chapter shall
have one or more 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 these detectors during inspections.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1569.150 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.150.  

(a)  The department and the licensing agencies with
which it contracts for licensing shall review and make a final
determination within 60 days of an applicant’s submission of a
complete application on all applications for a license to operate a
residential care facility for the elderly if the applicant possesses a
current valid license to operate a residential care facility for the
elderly at another site. Applicants shall note on the application, or
in a cover letter to the application, that they possess a current valid
license at another site, and the number of that license.

(b)  The department shall request a fire safety clearance from
the appropriate fire marshal within five days of receipt of an
application described in subdivision (a). The applicant shall be
responsible for requesting and obtaining the required criminal
record clearances. begin insert The applicant shall also provide 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. end insert

(c)  If the department for any reason is unable to comply with
subdivision (a), it shall, within 60 days of receipt of the application
described in subdivision (a), grant a provisional license to the
applicant to operate for a period not to exceed six months, except
as provided in subdivision (d). While the provisional license is in
effect, the department shall continue its investigation and make a
final determination on the application before the provisional license
expires. The provisional license shall be granted, provided the
department knows of no life safety risks, the criminal records
clearances, if applicable, are complete, and the fire safety clearance
is complete. The director may extend the term of a provisional
license for an additional six months at the time of the application,
if the director determines that more than six months will be
required to achieve full compliance with licensing standards due
to circumstances beyond the control of the applicant, and if all
other requirements for a license have been met.

(d)  If the department does not issue a provisional license
pursuant to subdivision (c), the department shall issue a notice to
the applicant identifying whether the provisional license has not
been issued due to the existence of a life safety risk, lack of a fire
safety clearance, lack of a criminal records clearance, failure to
complete the application, or any combination of these reasons. If
a life safety risk is identified, the risk preventing the issuance of
the provisional license shall be clearly explained. If a lack of the
fire safety clearance is identified, the notice shall include the dates
on which the department requested the clearance and the current
status of that request, and the fire marshal’s name and telephone
number to whom a fire safety clearance request was sent. The
department shall identify the names of individuals for whom
criminal records clearances are lacking. If failure to complete the
application is identified, the notice shall list all of the forms or
attachments that are missing or incorrect. This notice shall be sent
to the applicant no later than 60 days after the applicant filed the
application. If the reasons identified in the notice are corrected,
the department shall issue the provisional license within five days
after the corrections are made.

(e)  The department shall, immediately after January 1, 1993,
develop expedited procedures necessary to implement subdivisions
(a), (b), (c), and (d).

(f)  The department shall, immediately after January 1, 1993,
develop an appeal procedure for applicants under this section for
both denial of licenses and delay in processing applications.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1569.311 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1569.311. end insert   

Every residential care facility for the elderly shall
have one or more 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 these detectors during inspections.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

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, furnished by the
department, that 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 a child day care facility or in a facility licensed
pursuant to Chapter 1 (commencing with Section 1200), 2
(commencing with Section 1250), or 3 (commencing with Section
1500).

(e)  Disclosure of a 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.

(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.

(h) 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.

(i) Any other information required by the department for the
proper administration and enforcement of this act.

(j) 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.

begin delete SEC. 2. end delete
begin insert SEC. 5. end insert   

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 a 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 of Division 2, 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 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.

begin delete SEC. 3. end delete
begin insert SEC. 6. end insert   

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 a 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 regulations
adopted by the State Fire Marshal pursuant to that subdivision.
Noise 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
administrator or, if there is no zoning administrator, by the person
or persons designated by the planning agency to grant these
permits, upon the certification without a hearing.

(3) Require a large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator or, 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 regulations adopted by the State Fire Marshal pursuant to that
subdivision. Noise 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 a 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 an 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 an 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.

(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.

(f) 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, 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, that 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 a building ordinance or local rule
or regulation relating to the subject of fire and life safety in large
family day care homes that 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.

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

begin delete SEC. 4. end delete
begin insert SEC. 7. end insert   

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 a home that 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, that 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, that 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.

(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.

(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.

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

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.

end insert