Senate Bill No. 476

Introduced by Senator Mendoza

February 26, 2015

An act to amend Section 18897 of, to add Section 18897.8 to, and to repeal and add Section 18897.1 of, the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

SB 476, as introduced, Mendoza. Organized camps.

Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and regulating the operation of organized camps that he or she 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.

This bill would recast those provisions and instead define an “organized camp” to include an “organized resident camp” and an “organized day camp,” as specified. The bill would require those camps to develop a written operating plan and provide the local public health officer with the plan, or written verification that the camp is accredited by the American Camp Association, at least 30 days prior to commencing operation of the camp. The bill would also require those camps to comply with applicable safety and supervision requirements relating to camp directors and counselors, install a carbon monoxide detector in specified buildings, and store firearms and bows and arrows in a locked storage cabinet when not in use, as specified.

The bill would authorize the local public health officer to inspect the camp and charge a fee for that purpose. The bill would also require the State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized camps, to make reasonable efforts to obtain the input and advice of prescribed organizations.

Because this bill would impose additional duties upon local public health officers in cities and counties, it 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 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 begin delete a site with program and
facilities established for the primary purposes of providing an
outdoor group living experience end delete begin insert an organized resident camp or
an organized day camp that operates seasonally to provide
group-based recreation and expanded learning opportunities end insert with
social, spiritual, educational, or recreational begin delete objectives, for five
days or more during one or more seasons of the year. end delete begin insert services on
a seasonal basis. end insert

begin insert

(1) A group that leases an organized camp for the purpose of
conducting a camp for children under 18 years of age shall comply
with this part.

end insert begin insert

(2)  An “organized camp” does not include any of the following:

end insert begin delete

(b)

end delete

begin insert (A) end insert   begin delete The term “organized camp” does not include a end delete begin insert A hotel, end insert
motel, tourist camp, trailer park, resort, hunting camp, auto court,
labor camp, penal or correctional begin delete camp and does not include a
child care institution or home-finding agency. end delete begin insert camp, drug and
alcohol resident rehabilitation program end insert begin insert or other program or
facility subject to occupancy taxes, home-finding agencies, or a
licensed child day care facility as defined in Section 1596.750. end insert

begin delete

(c)

end delete

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

begin insert

(C) Sites or programs that are used by adults 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 insert

(D) Day camp programs offered by museums, zoos, cities,
counties, or special districts.

end insert begin insert

(b) “Organized resident camp” means a site or sites with
programs and facilities established for the primary purposes of
providing group living experiences and that provides overnight
stays during one or more seasons of the year, excluding field trips
as provided for under subparagraph (B) of paragraph (2) of
subdivision (c).

end insert begin insert

(c) (1) “Organized day camp” means a program that is
established for the primary purpose of providing group experiences
for children under 18 years of age during the day.

end insert begin insert

(2) An organized day camp may do all of the following:

end insert begin insert

(A) Transport campers to parks, beaches, campsites, and other
locations for activities.

end insert begin insert

(B) Provide for offsite field trips for no more than three
consecutive days. Any organized day camp that provides offsite
field trips for more than two consecutive nights shall be considered
an organized resident camp.

end insert begin insert

(3) 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 a youth
program. The program director shall be present at all times during
the operation of the organized day camp.

end insert begin insert

(d) “Camper” means any person in an organized camp on a
fee or nonfee basis who is a participant in the regular program
and training of an organized camp.

end insert

SEC. 2.  

Section 18897.1 of the Health and Safety Code is
repealed.

begin delete

18897.1.  

“Camper” means any person in an organized camp
on a fee or nonfee basis who is a participant in the regular program
and training of an organized camp, and who may take on duties
relating to such program and training.

end delete

SEC. 3.  

Section 18897.1 is added to the Health and Safety
Code, to read:

18897.1.  

(a) An organized day camp or an organized resident
camp shall do all of the following:

(1) Develop a written operating plan and provide the plan, or
written verification that the camp is accredited by the American
Camp Association (ACA), to the local public health officer or his
or her designee at least 30 days prior to commencing operation of
the camp. Year-round camps shall submit their plans on an annual
basis.

(2) Meet the applicable requirements of Section 30751 of Title
17 of the California Code of Regulations.

(3) Install a carbon monoxide detector in any building intended
for human occupancy that has a fossil fuel burning heater or
appliance, a fireplace, or an attached garage.

(4) Store all firearms, including rifles, pellet guns, and air guns,
and bows and arrows in a locked cabinet designated for this use
when those items are not in use for authorized camp activities. The
director, or a qualified designee that meets the requirements of
subdivision (a) of Section 30751 of Title 17 of the California Code
of Regulations, of the organized camp shall maintain possession
of the key to this cabinet.

(b) The local public health officer shall acknowledge receipt of
the operating plan or verification of accreditation described in
paragraph (1) of subdivision (a) within 30 days. The local public
health officer may charge a fee for the review of an operating plan
that shall not exceed the actual cost of review. The local public
health officer may not charge a fee for an acknowledgment of
camp accreditation. Upon receipt of the local public health officer’s
acknowledgment, the organized day camp or organized resident
camp shall post a copy of the acknowledgment in a conspicuous
location on the camp premises.

(c) (1) The local public health officer may inspect the organized
day camp or organized resident camp and any charge a fee for that
purpose, not to exceed the reasonable cost of the inspection. The
local public health officer shall provide, within 30 days, a summary
of any violations of health and safety standards established in the
rules and regulations establishing minimum standards for organized
camps.

(2) If the local public health officer does not conduct an
inspection, he or she may not impose any charges on the organized
day camp or organized resident camp other than for reviewing the
plan pursuant to paragraph (2) of subdivision (a).

(d) An organized day camp or organized resident camp that has
been cited for failing to meet legal requirements may appeal the
citation to the local health department.

SEC. 4.  

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

18897.8.  

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. 5.  

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.