Senate Bill No. 443

Introduced by Senator Walters

February 21, 2013

An act to amend Section 18897 of, and to add Sections 18897.8 and 18897.9 to, the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

SB 443, as introduced, Walters. Organized camps.

Existing law requires the Director of Public Health to establish rules and regulations establishing minimum standards for organized camps and regulating the operation of organized camps that the director determines are necessary to protect the health and safety of the campers.

Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined.

The bill would include “organized resident camp,” as defined, and “organized day camp,” as defined, within the definition of the term “organized camp.” The bill would require an “organized resident camp” and an “organized day camp” to provide written verification that the camp is accredited by the American Camp Association or the Boy Scouts of America or develop a written operating plan and file the plan with the local health officer at least 30 days prior to operation of the camp, would require submissions of an operating plan to the local health officer, would authorize the local health officer to assess related fees, and would require camps operated by a city or a county, or a city and county, to comply with applicable provisions. By imposing these additional requirements upon local health officers and cities and counties, this bill would impose a state-mandated local program.

This bill would require an organized day camp to have adequate staff to carry out the program, including, but not limited to, a qualified program director present at all times during operation of the camp. The bill would exempt an organized day camp from certain construction and other standards generally applicable to organized resident camps.

This bill would require the department, in amending the rules and regulations pertaining to organized camps, to obtain the input and advice of prescribed organizations.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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.  

Section 18897 of the Health and Safety Code is
amended to read:

18897.  

(a)  begin delete “Organized end delete begin insert “Organized camp” means an organized
resident camp or an organized day camp. end insert

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert “Organized resident end insert camp” means a site with begin delete program end delete
begin insert programs end insert and facilities established for the primary purposes of
providing an outdoor group living experience with social, spiritual,
educational, or recreational objectives, for begin delete five days or more end delete begin insert at
least four consecutive overnight stays end insert during one or more seasons
of the year.

begin insert

(2) “Organized resident camp” includes, but is not limited to,
a camp accredited or operated by the American Camp Association,
the YMCA, the Girl Scouts of the USA, the Boy Scouts of America,
the Camp Fire USA, the Boys and Girls Clubs of America, the
Salvation Army, and the Christian Camp and Conference
Association.

end insert begin insert

(c) (1) “Organized day camp” means a program, which may
or may not have a fixed site, that is established for the primary
purpose of providing outdoor group living experiences for children
through 17 years of age, and that operates seasonally during times
when school is not regularly in session. An organized day camp
provides group-based recreation and expanded learning
opportunities with social, spiritual, educational, or recreational
objectives. An organized day camp may transport campers to
parks, beaches, campsites, and other excursion locations for
activities. An organized day camp may provide for up to three
consecutive overnight stays.

end insert begin insert

(2) An organized day camp includes, but is not limited to, a
camp that is a member of the American Camp Association, the
Association for Environmental and Outdoor Education, the
Christian Camp and Conference Association, the Western
Association of Independent Camps, the Boy Scouts of America,
the YMCA, and other similar camping associations.

end insert begin insert

(d) The terms “organized resident camp” or “organized day
camp” do not include sites or programs that are used by couples
or groups for counseling, religious retreats, reunions, conferences,
and special events, on an intermittent short-term basis of less than
four consecutive overnight stays.

end insert begin delete

(b)

end delete

begin insert (e) end insert  The begin delete term end delete begin insert terms end insert “organized begin insert resident end insert camp” begin delete does end delete begin insert and
“organized day camp” do end insert not include a begin insert hotel, end insert motel, tourist camp,
trailer park, resort, hunting camp, auto court, begin delete labor camp, penal or
correctional camp end delete begin insert or other program or facility subject to occupancy
taxes, end insert and begin delete does end delete begin insert do end insert not include begin delete a end delete begin insert licensed end insert child care begin delete institution end delete
begin insert facilities end insert or home-finding begin delete agency end delete begin insert agencies end insert .

begin delete

(c) The term “organized camp” also does not include any
charitable or recreational organization that complies with the rules
and regulations for recreational trailer parks.

end delete

SEC. 2.  

Section 18897.8 is added to the Health and Safety
Code, immediately following Section 18897.7, to read:

18897.8.  

(a) An organized resident camp or organized day
camp shall provide written verification that the camp is accredited
by the American Camp Association (ACA) or the Boy Scouts of
America (BSA) or shall develop a written operating plan and file
the plan with the local health officer at least 30 days prior to
operation of the camp. The local health officer shall, within 30
days, acknowledge receipt of the verification of the accreditation
or the operating plan. A charge shall not be imposed for any camp
accreditation acknowledgment. The department may charge a fee
for the review of an operating plan, that shall not exceed the actual
cost of plan review.

(1) Upon receipt of the local health officer’s acknowledgment,
a camp shall post a copy of the acknowledgment in a conspicuous
location on the camp premises, and on the camp’s Internet Web
site.

(2) The local public health officer may inspect a camp and
charge a fee for that purpose, not to exceed the actual cost of the
visit. A summary and explanation of charges shall be given to the
camp following the camp visit. If an inspection is not made,
charges shall not be imposed on the camp other than for reviewing
an operating plan, if applicable.

(3) A camp that has been cited for failing to meet legal
requirements shall have the right to appeal that citation to the local
health department.

(b) If an organized resident camp or organized day camp
constructs or operates educational facilities and programs that
include ropes courses, challenge courses, climbing walls, repelling
towers, zip lines, canopy tours, or other similar adventure
challenges, the camp’s written operating plan shall include all of
the following:

(1) A provision ensuring that campers are kept separated from
individuals who use these facilities on a day-use basis.

(2) A provision ensuring that oversight of activities is provided
by camp staff.

(3) A provision that ensures that the construction and operating
standards of those facilities and programs are in compliance with
the standards established by the Director of Public Health pursuant
to this part, or are in compliance with standards adopted by one
or more of the following if the Director of Public Health determines
that the following standards are substantially similar to the
standards developed by the director under this part:

(A) The American Camp Association.

(B) The Association of Challenge Course Technology.

(C) Project COPE.

(D) An equivalent certification program.

(4) A written operating plan prepared pursuant to this
subdivision shall be filed with the local health officer at least 30
days prior to construction, and shall also be filed annually
thereafter. A camp shall submit its plans and any associated fees
to the local health officer by certified mail.

(c) An organized day camp shall have adequate staff to carry
out the program, including, but not limited to, a qualified program
director who has at least two seasons of administrative or
supervisory experience at an organized day camp or at a youth
program. The program director shall be present at all times during
operation of the organized day camp.

(d) An organized resident camp or an organized day camp
operated by a city or a county, or a city and county, shall comply
with the relevant provisions of this part.

(e) Except as set forth in this section, and Sections 18897 and
18897.9, the construction and other standards set forth in this part
are not applicable to an organized day camp.

SEC. 3.  

Section 18897.9 is added to the Health and Safety
Code, immediately following Section 18897.8, to read:

18897.9.  

The State Department of Public Health, in adopting
or amending the rules and regulations pertaining to organized
resident camps and organized day camps under this part, shall
make reasonable efforts to obtain the input and advice of
organizations in the field. All costs incurred by the participating
organizations shall be borne by the organizations themselves. The
department shall implement this section in the most cost-effective
manner deemed feasible.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.