Amended in Senate June 26, 2014

Amended in Assembly May 7, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2386


Introduced by Assembly Member Mullin

February 21, 2014


An act to amend Sections 1569.150, 1596.95, 1597.45, 1597.46, and 1597.54 of, and to add Sections 1503.2begin insert, 1568.043,end insert and 1569.311 to, the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2386, as amended, Mullin. Care facilities: carbon monoxide detectors.

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 elderlybegin insert and residential care facilities for persons with chronic, life-threatening illnessend insert, by the State Department of Social Services. Violation of the provisions relating to residential care facilities for the elderlybegin insert and residential care facilities for persons with chronic, life-threatening illnessend insert is a misdemeanor. Existing law also provides for the licensing and regulation of day care centers and family day care homes by the department. Existing law requires day care centers and family day care homes to have specified fire prevention devices.

This bill would require community care facilities, residential care facilities for the elderly,begin insert residential care facilities for persons with chronic, life-threatening illness,end insert and 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. By creating a new crime, with respect to residential care facilities for the elderlybegin insert and residential care facilities for persons with chronic, life-threatening illnessend insert, 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:

P2    1

SECTION 1.  

Section 1503.2 is added to the Health and Safety
2Code
, to read:

3

1503.2.  

Every facility licensedbegin insert or certifiedend insert pursuant to this
4chapter shall have one or more carbon monoxide detectors in the
5facility that meet the standards established in Chapter 8
6(commencing with Section 13260) of Part 2 of Division 12. The
7department shall account for the presence of these detectors during
8inspections.

9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1568.043 is added to the end insertbegin insertHealth and Safety
10Code
end insert
begin insert, to read:end insert

begin insert
11

begin insert1568.043.end insert  

A residential care facility for persons with chronic,
12life-threatening illness shall have one or more carbon monoxide
13detectors in the facility that meet the standards established on
14Chapter 8 (commencing with Section 13260) of Part 2 of Division
1512. The department shall account for the presence of these
16detectors during inspections.

end insert
17

begin deleteSEC. 2.end delete
18begin insertSEC. 3.end insert  

Section 1569.150 of the Health and Safety Code is
19amended to read:

20

1569.150.  

(a)  The department and the licensing agencies with
21which it contracts for licensing shall review and make a final
22determination within 60 days of an applicant’s submission of a
23complete application on all applications for a license to operate a
P3    1residential care facility for the elderly if the applicant possesses a
2current valid license to operate a residential care facility for the
3elderly at another site. Applicants shall note on the application, or
4in a cover letterbegin delete toend deletebegin insert withend insert the application, that they possess a current
5valid license at another site, and the number of that license.

6(b)  The department shall request a fire safety clearance from
7the appropriate fire marshal within five days of receipt of an
8application described in subdivision (a). The applicant shall be
9responsible for requesting and obtaining the required criminal
10record clearances. The applicant shall also provide evidence
11satisfactory to the department that there is one or more functioning
12carbon monoxide detectors in the facility that meet the standards
13established in Chapter 8 (commencing with Section 13260) of Part
142 of Division 12.

15(c)  If the department for any reason is unable to comply with
16subdivision (a), it shall, within 60 days of receipt of the application
17described in subdivision (a), grant a provisional license to the
18applicant to operate for a period not to exceed six months, except
19as provided in subdivision (d). While the provisional license is in
20effect, the department shall continue its investigation and make a
21final determination on the application before the provisional license
22expires. The provisional license shall be granted, provided the
23department knows of no life safety risks, the criminal records
24clearances, if applicable, are complete, and the fire safety clearance
25is complete. The director may extend the term of a provisional
26license for an additional six months at the time of the application,
27if the director determines that more than six months will be
28required to achieve full compliance with licensing standards due
29to circumstances beyond the control of the applicant, and if all
30other requirements for a license have been met.

31(d)  If the department does not issue a provisional license
32pursuant to subdivision (c), the department shall issue a notice to
33the applicant identifying whether the provisional license has not
34been issued due to the existence of a life safety risk, lack of a fire
35safety clearance, lack of a criminal records clearance, failure to
36complete the application, or any combination of these reasons. If
37a life safety risk is identified, the risk preventing the issuance of
38the provisional license shall be clearly explained. If a lack of the
39fire safety clearance is identified, the notice shall include the dates
40on which the department requested the clearance and the current
P4    1status of that request, and the fire marshal’s name and telephone
2number to whom a fire safety clearance request was sent. The
3department shall identify the names of individuals for whom
4criminal records clearances are lacking. If failure to complete the
5application is identified, the notice shall list all of the forms or
6attachments that are missing or incorrect. This notice shall be sent
7to the applicant no later than 60 days after the applicant filed the
8application. If the reasons identified in the notice are corrected,
9the department shall issue the provisional license within five days
10after the corrections are made.

11(e)  The department shall, immediately after January 1, 1993,
12develop expedited procedures necessary to implement subdivisions
13(a), (b), (c), and (d).

14(f)  The department shall, immediately after January 1, 1993,
15develop an appeal procedure for applicants under this section for
16both denial of licenses and delay in processing applications.

17

begin deleteSEC. 3.end delete
18begin insertSEC. 4.end insert  

Section 1569.311 is added to the Health and Safety
19Code
, to read:

20

1569.311.  

Every residential care facility for the elderly shall
21have one or more carbon monoxide detectors in the facility that
22meet the standards established in Chapter 8 (commencing with
23Section 13260) of Part 2 of Division 12. The department shall
24account for the presence of these detectors during inspections.

25

begin deleteSEC. 4.end delete
26begin insertSEC. 5.end insert  

Section 1596.95 of the Health and Safety Code is
27amended to read:

28

1596.95.  

Any person desiring issuance of a license for a day
29care center or a special permit for specialized services in a day
30care center under this chapter shall file with the department
31pursuant to regulations, an application on forms, furnished by the
32department, that shall include, but not be limited to, all of the
33following:

34(a)  Evidence satisfactory to the department of the ability of the
35applicant to comply with this act and rules and regulations adopted
36pursuant to this act by the department.

37(b)  Evidence satisfactory to the department that the applicant
38is a reputable and responsible character. This evidence shall
39include, but not be limited to, a criminal record clearance pursuant
40to Section 1596.871, employment history, and character references.
P5    1If the applicant is a firm, association, organization, partnership,
2business trust, corporation, or company, evidence of reputable and
3responsible character shall be submitted as to the members or
4shareholders thereof, and the person in charge of the day care
5center for which application for issuance ofbegin insert aend insert license or special
6permit is made.

7(c)  Evidence satisfactory to the department that the applicant
8has sufficient financial resources to maintain the standards of
9service required by regulations adopted pursuant to this act. The
10information shall be required only upon initial application for
11licensure, and when requested by the department, in writing,
12explaining the need for the evidence as part of the department’s
13investigative function.

14(d)  Disclosure of the applicant’s prior or present service as an
15administrator, general partner, corporate officer, or director of, or
16as a person who has held or holds a beneficial ownership of 10
17percent or more in a child day care facility or in a facility licensed
18pursuant to Chapter 1 (commencing with Section 1200), 2
19(commencing with Section 1250), or 3 (commencing with Section
20 1500).

21(e)  Disclosure of a revocation or other disciplinary action taken,
22or in the process of being taken, against a license held or previously
23held by the entities specified in subdivision (d).

24(f)  Evidence satisfactory to the department that there is a fire
25escape and disaster plan for the facility and that fire drills and
26disaster drills will be conducted at least once every six months.
27The documentation of these drills shall be maintained at the facility
28on a form prepared by the department and shall include the date
29and time of the drills.

30(g) Evidence satisfactory to the department that there is one or
31more functioning carbon monoxide detectors in the facility that
32meet the standards established in Chapter 8 (commencing with
33Section 13260) of Part 2 of Division 12. The department shall
34account for the presence of the detectors during inspections.

35(h) Evidence satisfactory to the department that the applicant
36has posted signs at the point of entry to the facility that provide
37the telephone number of the local health department and state all
38of the following:

39(1)  Protect your child--it is the law.

P6    1(2)  All the information specified in Sections 27360 and 27360.5
2of the Vehicle Code regarding child passenger restraint systems.

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

4(i) Any other information required by the department for the
5proper administration and enforcement of this act.

6(j) Failure of the applicant to cooperate with the licensing agency
7in the completion of the application shall result in the denial of the
8application. Failure to cooperate means that the information
9described in this section and in regulations of the department has
10not been provided, or not provided in the form requested by the
11licensing agency, or both.

12

begin deleteSEC. 5.end delete
13begin insertSEC. 6.end insert  

Section 1597.45 of the Health and Safety Code is
14amended to read:

15

1597.45.  

All of the following shall apply to small family day
16care homes:

17(a)  The use ofbegin insert aend insert single-family residence as a small family day
18care home shall be considered a residential use of property for the
19purposes of all local ordinances.

20(b)  No local jurisdiction shall impose a business license, fee,
21or tax for the privilege of operating a small family day care home.

22(c)  Use of a single-family dwelling for purposes of a small
23family day care home shall not constitute a change of occupancy
24for purposes of Part 1.5 (commencing with Section 17910) of
25Division 13 (State Housing Law) or for purposes of local building
26codes.

27(d)  A small family day care home shall not be subject to Article
281 (commencing with Section 13100) or Article 2 (commencing
29with Section 13140) of Chapter 1 of Part 2 of Divisionbegin delete 2end deletebegin insert 12end insert, except
30that a small family day care home shall contain a fire extinguisher
31and smoke detector device that meet standards established by the
32State Fire Marshal and one or more functioning carbon monoxide
33detectors that meet the requirements of Chapter 8 (commencing
34with Section 13260) of Part 2 of Division 12. The department shall
35account for the presence of the carbon monoxide detectors during
36inspections.

37

begin deleteSEC. 6.end delete
38begin insertSEC. 7.end insert  

Section 1597.46 of the Health and Safety Code is
39amended to read:

P7    1

1597.46.  

All of the following shall apply to large family day
2care homes:

3(a) A city, county, or city and county shall not prohibit large
4family day care homes on lots zoned for single-family dwellings,
5but shall do one of the following:

6(1) Classify these homes as a permitted use of residential
7property for zoning purposes.

8(2) Grant a nondiscretionary permit to use a lot zoned for a
9single-family dwelling to a large family day care home that
10complies with local ordinances prescribing reasonable standards,
11restrictions, and requirements concerning spacing and
12concentration, traffic control, parking, and noise control relating
13to those homes, and complies with subdivision (e) and regulations
14adopted by the State Fire Marshal pursuant to that subdivision.
15Noise standards shall be consistent with local noise ordinances
16implementing the noise element of the general plan and shall take
17into consideration the noise level generated by children. The permit
18issued pursuant to this paragraph shall be granted by the zoning
19administrator or, if there is no zoning administrator, by the person
20or persons designated by the planning agency to grant these
21permits, upon the certification without a hearing.

22(3) Require a large family day care home to apply for a permit
23to use a lot zoned for single-family dwellings. The zoning
24administrator or, if there is no zoning administrator, the person or
25persons designated by the planning agency to handle the use
26permits, shall review and decide the applications. The use permit
27shall be granted if the large family day care home complies with
28local ordinances, if any, prescribing reasonable standards,
29restrictions, and requirements concerning the following factors:
30spacing and concentration, traffic control, parking, and noise
31control relating to those homes, and complies with subdivision (e)
32and regulations adopted by the State Fire Marshal pursuant to that
33subdivision. Noise standards shall be consistent with local noise
34ordinances implementing the noise element of the general plan
35and shall take into consideration the noise levels generated by
36children. The local government shall process a required permit as
37economically as possible.

38Fees charged for review shall not exceed the costs of the review
39and permit process. An applicant may request a verification of
40fees, and the city, county, or city and county shall provide the
P8    1applicant with a written breakdown within 45 days of the request.
2Beginning July 1, 2007, the application form for large family day
3 care home permits shall include a statement of the applicant’s right
4to request the written fee verification.

5Not less than 10 days prior to the date on which the decision
6will be made on the application, the zoning administrator or person
7designated to handle the use permits shall give notice of the
8proposed use by mail or delivery to all owners shown on the last
9equalized assessment roll as owning real property within a 100-foot
10radius of the exterior boundaries of the proposed large family day
11care home. A hearing on the application for a permit issued
12pursuant to this paragraph shall not be held before a decision is
13 made unless a hearing is requested by the applicant or other
14affected person. The applicant or other affected person may appeal
15the decision. The appellant shall pay the cost, if any, of the appeal.

16(b) In connection with an action taken pursuant to paragraph
17(2) or (3) of subdivision (a), a city, county, or city and county shall
18do all of the following:

19(1) Upon the request of an applicant, provide a list of the permits
20and fees that are required by the city, county, or city and county,
21including information about other permits that may be required
22by other departments in the city, county, or city and county, or by
23other public agencies. The city, county, or city and county shall,
24upon request of an applicant, also provide information about the
25anticipated length of time for reviewing and processing the permit
26application.

27(2) Upon the request of an applicant, provide information on
28the breakdown of any individual fees charged in connection with
29the issuance of the permit.

30(3) If a deposit is required to cover the cost of the permit,
31provide information to the applicant about the estimated final cost
32to the applicant of the permit, and procedures for receiving a refund
33from the portion of the deposit not used.

34(c) A large family day care home shall not be subject to the
35provisions of Division 13 (commencing with Section 21000) of
36the Public Resources Code.

37(d) Use of a single-family dwelling for the purposes of a large
38family day care home shall not constitute a change of occupancy
39for purposes of Part 1.5 (commencing with Section 17910) of
P9    1Division 13 (State Housing Law), or for purposes of local building
2and fire codes.

3(e) A large family day care home shall have one or more
4functioning carbon monoxide detectors that meet the requirements
5of Chapter 8 (commencing with Section 13260) of Part 2 of
6Division 12. The department shall account for the presence of the
7carbon monoxide detectors during inspections.

8(f) Large family day care homes shall be considered as
9single-family residences for the purposes of the State Uniform
10Building Standards Code and local building and fire codes, except
11with respect to any additional standards specifically designed to
12promote the fire and life safety of the children in these homes
13adopted by the State Fire Marshal pursuant to this subdivision.
14The State Fire Marshal shall adopt separate building standards
15specifically relating to the subject of fire and life safety in large
16family day care homes, which shall be published in Title 24 of the
17California Code of Regulations. These standards shall apply
18uniformly throughout the state and shall include, but not be limited
19to: (1) the requirement that a large family day care home contain
20a fire extinguisher or smoke detector device, or both, that meets
21standards established by the State Fire Marshal; (2) specification
22as to the number of required exits from the home; and (3)
23specification as to the floor or floors on which day care may be
24provided. Enforcement of these provisions shall be in accordance
25with Sections 13145 and 13146. No city, county, city and county,
26or district shall adopt or enforce a building ordinance or local rule
27or regulation relating to the subject of fire and life safety in large
28family day care homes that is inconsistent with those standards
29adopted by the State Fire Marshal, except to the extent the building
30ordinance or local rule or regulation applies to single-family
31residences in which day care is not provided.

32(g) The State Fire Marshal shall adopt the building standards
33required in subdivision (d) and any other regulations necessary to
34implement this section.

35

begin deleteSEC. 7.end delete
36begin insertSEC. 8.end insert  

Section 1597.54 of the Health and Safety Code is
37amended to read:

38

1597.54.  

All family day care homes for children, shall apply
39for a license under this chapter, except that a home that on June
4028, 1981, had a valid and unexpired license to operate as a family
P10   1day care home for children under other provisions of law shall be
2deemed to have a license under this chapter for the unexpired term
3of the license at which time a new license may be issued upon
4fulfilling the requirements of this chapter.

5An applicant for licensure as a family day care home for children
6shall file with the department, pursuant to its regulations, an
7application on forms furnished by the department, that shall
8include, but not be limited to, all of the following:

9(a)  A brief statement confirming that the applicant is financially
10secure to operate a family day care home for children. The
11department shall not require any other specific or detailed financial
12disclosure.

13(b)  (1)  Evidence that the small family day care home contains
14a fire extinguisher or smoke detector device, or both, that meets
15standards established by the State Fire Marshal under subdivision
16(d) of Section 1597.45, or evidence that the large family day care
17home meets the standards established by the State Fire Marshal
18under subdivision (d) of Section 1597.46.

19(2)  Evidence satisfactory to the department that there is a fire
20escape and disaster plan for the facility and that fire drills and
21 disaster drills will be conducted at least once every six months.
22The documentation of these drills shall be maintained at the facility
23on a form prepared by the department and shall include the date
24and time of the drills.

25(3) Evidence satisfactory to the department that there is one or
26more functioning carbon monoxide detectors in the facility that
27meet the standards of Chapter 8 (commencing with Section 13260)
28of Part 2 of Division 12. The department shall account for the
29presence of the detectors during inspections.

30(c)  The fingerprints of any applicant of a family day care home
31license, and any other adult, as required under subdivision (b) of
32Section 1596.871.

33(d)  Evidence of a current tuberculosis clearance, as defined in
34regulations that the department shall adopt, for any adult in the
35home during the time that children are under care.

36(e)  Evidence satisfactory to the department of the ability of the
37applicant to comply with this chapter and Chapter 3.4 (commencing
38with Section 1596.70) and the regulations adopted pursuant to
39those chapters.

P11   1(f)  Evidence satisfactory to the department that the applicant
2and all other persons residing in the home are of reputable and
3responsible character. The evidence shall include, but not be limited
4to, a criminal record clearance pursuant to Section 1596.871,
5employment history, and character references.

6(g)  Failure of the applicant to cooperate with the licensing
7agency in the completion of the application shall result in the denial
8of the application. Failure to cooperate means that the information
9described in this section and in regulations of the department has
10not been provided, or not provided in the form requested by the
11licensing agency, or both.

12(h)  Other information as may be required by the department
13for the proper administration and enforcement of the act.

14

begin deleteSEC. 8.end delete
15begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



O

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