Amended in Assembly August 7, 2013

Amended in Senate April 16, 2013

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 amended, Walters. Organized camps.

Existing law requires the begin delete Director of Public Health end delete begin insert State Public Health Officer end insert to establish rules and regulations establishing minimum standards for organized camps begin insert , end insert 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.

begin delete

The

end delete

begin insert This end insert 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 begin insert public end insert 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. begin insert The bill would exempt a public recreation program, as defined, from organized camp regulations. end insert By imposing these additional requirements upon local begin insert public end insert 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, compliance with specified staff training and supervision regulations and 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) “Organized camp” means an organized resident
camp or an organized day camp.

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

(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.

(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 begin delete living end delete 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. begin insert An organized day camp shall register with the
local health department 30 days prior to operation. A travel camp
without a fixed camp site shall register with the local public health
department in which its business office is located. An organized
day camp shall have a first aid-certified staff member when a
health supervisor is not available. An organized day camp may
utilize a health supervisor who either is onsite daily or available
by telephone to satisfy the requirements set forth in regulation. end insert

(2) An organized day camp includes, but is not limited to, a
camp that is a member of the American Camp Association begin insert (ACA) end insert ,
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.

(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. begin insert A resident camp shall meet the
organized camp requirements if it is leased to conduct a traditional
camp program. A group that leases an organized resident camp
for the purpose of conducting a camp session shall comply with
all legal requirements applicable to the camp program. end insert

(e) The terms “organized resident camp” and “organized day
camp” do not include a hotel, motel, tourist camp, trailer park,
resort, hunting camp, auto court, or other program or facility
subject to occupancy taxes, and do not include licensed child care
facilities begin delete or end delete begin insert , end insert home-finding agencies begin insert , noncamp educational
programs operated by museum end insert begin insert s end insert begin insert , or day programs offered by cities,
counties, or special districts end insert .

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 begin delete 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 local health officer may charge
a fee for the review of an operating plan, that shall not exceed the
actual cost of plan review. end delete begin insert the local public health officer or his or
her designee with a copy of its written operating plan that describes
the program of organized and supervised activities of the camp as
specified in regulation, a copy of its Boy Scout accreditation
operating plan, or written verification that the camp is accredited
by the American Camp Association (ACA). The organized resident
camp or organized day camp shall file the plan or proof of
accreditation with the local public health officer or his or her
designee at least 30 days prior to operation of the camp. Within
30 days, the local public health officer or his or her designee shall
acknowledge the receipt of the verification of the accreditation or
the determination upon review and approval or denial of the
operating plan. The local public health officer may charge a fee
for the review of an operating plan or for recording the
acknowledgment of accreditation that shall not exceed the actual
cost of plan review or recording of acknowledgment of
accreditation. end insert

(1) Upon receipt of the local begin insert public end insert health officer’s
begin delete acknowledgment end delete begin insert determination end insert , a camp shall post a copy of the
begin delete acknowledgment end delete begin insert determination end insert in a conspicuous location on the
camp premises, and on the camp’s Internet Web site. begin insert A camp
operation plan or proof of accreditation is deemed approved if a
camp has not received acknowledgment from the local public
health department within 30 days. end insert

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

(3) A camp that has been cited for failing to meet legal
requirements may 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 begin delete Director of Public Health end delete begin insert State
Public Health Officer end insert pursuant to this part, or are in compliance
with standards adopted by one or more of the following if the
begin delete Director of Public Health end delete begin insert State Public Health Officer end insert determines
that the following standards are substantially similar to the
standards developed by the begin delete director end delete begin insert State Public Health Officer end insert
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 begin insert public end insert health officer begin insert or
his or her designee end insert at least 30 days prior to construction, and shall
also be filed annually thereafter. begin delete A camp shall submit its plans and
any associated fees to the local health officer by certified mail. end delete

(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. Additionally, an organized
day camp and an organized residential camp shall meet the
requirements of Section 30751 of Title 17 of the California Code
of Regulations.

(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.

begin insert

(e) A public recreation program is exempt from organized camp
regulations. For purposes of this section, “public recreation
program” means a program operated by the state, city, county,
special district, school district, community college district,
chartered city, or chartered city and county that meets any of the
following criteria:

end insert begin insert

(1) (A) The program is operated only during hours other than
the normal school hours for kindergarten and grades 1 to 12,
inclusive, in the public school district where the program is located
or operated only during periods when pupils in kindergarten and
grades 1 to 12, inclusive, are normally not in session in the public
school district where the program is located, for either of the
following periods:

end insert begin insert

(i) For fewer than 16 hours per week.

end insert begin insert

(ii) For a total of 12 cumulative weeks or less during a 12-month
period.

end insert begin insert

(B) In determining “normal school hours” or periods when
pupils are “normally not in session,” the State Department of
Social Services, where appropriate, shall consider the normal
school hours or periods when pupils are normally not in session
for pupils attending a year-round school.

end insert begin insert

(2) The program is provided to children who are over four years
and nine months of age and not yet enrolled in school, and the
program is operated during either of the following periods:

end insert begin insert

(A) For fewer than 16 hours per week.

end insert begin insert

(B) For a total of 12 cumulative weeks or less during a 12-month
period.

end insert begin insert

(3) The program is provided to children under four years and
nine months of age with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to
this paragraph may permit children to be enrolled in consecutive
sessions throughout the year. However, the program shall not
permit children to be enrolled in a combination of sessions that
total more than 12 hours per week for each child.

end insert begin delete

(e)

end delete

begin insert (f) end insert  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.