BILL NUMBER: SB 476 INTRODUCED
BILL TEXT
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 a site with program
and facilities established for the primary purposes of providing an
outdoor group living experience an organized resident
camp or an organized day camp that operates seasonally to provide
group-based recreation and expanded learning opportunities with
social, spiritual, educational, or recreational objectives,
for five days or more during one or more seasons of the year.
services on a seasonal basis.
(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.
(2) An "organized camp" does not include any of the following:
(b)
(A) The term "organized camp" does not include
a A hotel, motel, tourist camp, trailer park,
resort, hunting camp, auto court, labor camp, penal or correctional
camp and does not include a child care institution or
home-finding agency. camp, drug and alcohol resident
rehabilitation program 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.
(c)
(B) The term "organized camp" also does not
include any A charitable or recreational
organization that complies with the rules and regulations for
recreational trailer parks.
(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.
(D) Day camp programs offered by museums, zoos, cities, counties,
or special districts.
(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).
(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.
(2) An organized day camp may do all of the following:
(A) Transport campers to parks, beaches, campsites, and other
locations for activities.
(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.
(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.
(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.
SEC. 2. Section 18897.1 of the Health and Safety Code is repealed.
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.
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.