Amended in Assembly July 1, 2015

Amended in Senate April 14, 2015

Senate Bill No. 476

Introduced by Senator Mendoza

February 26, 2015

An act to amend begin delete Section end delete begin insert Sections end insert 18897 begin insert and 18897.4 end insert 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 amended, Mendoza. Organized camps.

Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and begin delete regulating end delete begin insert regulations governing end insert 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, that provides activities that promote environmental awareness and education. This bill would exclude from “organized camps” physical begin delete education, end delete begin insert education-based organizations, gymnastics studios, end insert sports begin delete training, end delete begin insert training organizations, end insert and theatre begin delete program. end delete begin insert programs, among others. end insert The bill would require the included camps to begin insert issue a written notice of intent to operate and to end insert develop a written operating plan and begin delete provide the local public health officer with end delete begin insert submit end insert the plan, or written verification that the camp is accredited by the American Camp Association, begin insert to the local public health officer end insert at least begin delete 30 end delete begin insert 45 end insert 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 begin delete and bows and arrows end delete in a locked storage cabinet when not in use, as specified. begin insert The bill would also require those camps to obtain a permit to operate, or, for an organized day camp that does not have a fixed location, to register with the local public health officer and receive authorization to operate, from the local public health officer, and to post the permit or authorization, as specified. end insert

The bill would authorize the local public health officer to inspect the camp and charge begin delete a fee end delete begin insert fees end insert for begin delete that purpose. end delete begin insert camp oversight activities. The bill would also authorize a person alleging health and sanitation violations to file a complaint with the local public health officer, and to require the local public health officer to investigate. end insert 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 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 activities that promote
environmental awareness and begin delete education on a seasonal basis. end delete
begin insert education. end 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.

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

(A) A hotel, motel, tourist camp, trailer park, resort, hunting
camp, auto court, labor camp, penal or correctional camp, drug
and alcohol resident rehabilitation begin delete program or other program or end delete
begin insert program, a facility licensed by the state, or a end insert facility subject to
occupancy taxes, home-finding agencies, or a licensed child day
care facility as defined in Section 1596.750.

(B) 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) Programs offered by museums, zoos, cities, counties, special
districts, sports training organizations, gymnastics studios, theater
groups, or other physical education-based organizations.

(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 begin insert three or more
consecutive end insert 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.

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)  begin delete Develop end delete begin insert Issue a written notice of intent to operate and
develop and submit end insert a written operating plan pursuant to Section
30704 of Title 17 of the California Code of begin delete Regulations and
provide the plan, end delete begin insert Regulations, end insert 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 begin delete 30 end delete begin insert 45 end insert days
prior to commencing operation of the camp. Year-round camps
shall submit their plans on an annual basis.

begin insert

(2) For an organized day camp that does not have a fixed
location, register with the local public health officer as an
organized camp in the county in which its business office is located.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Meet the applicable requirements of Section 30751 of Title
17 of the California Code of Regulations.

begin delete

(3)

end delete

begin insert (4) end insert  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.

begin delete

(4)

end delete

begin insert (5) end insert  Store all firearms, including rifles, pellet guns, begin delete and end delete air guns,
and bows and begin delete arrows end delete begin insert arrows, end insert 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 of the director 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.

begin insert

(6) Obtain a permit or authorization pursuant to paragraph (2)
of subdivision (b) and post a copy of the permit or authorization
on the premises of the organized day camp or organized resident
camp and, if applicable, on the Internet Web site of the organized
day camp or organized resident camp.

end insert

(b)  begin insert (1) end insert begin insert   end insert 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 begin delete 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 shall 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. end delete begin insert business days of receiving the
operating plan or verification of accreditation. end insert

begin insert

(2) (A) The local public health officer shall issue to an
organized day camp or an organized resident camp a permit to
operate if both of the following conditions are met:

end insert begin insert

(i) The written operating plan required pursuant to paragraph
(1) of subdivision (a) includes appropriate health and sanitation
standards as described in Section 18897.2 or accreditation by the
American Camp Association (ACA) is verified.

end insert begin insert

(ii) The local public health officer or his or her designee has
conducted an initial inspection of the premises of the organized
day camp or organized resident camp to verify compliance with
the appropriate health and sanitation standards.

end insert begin insert

(B) The local public health officer shall issue to an organized
day camp required to register pursuant to paragraph (2) of
subdivision (a) authorization to operate upon registration of the
organized day camp if the organized day camp meets the
requirements of subparagraph (A).

end insert

(c)  begin delete (1) end delete begin delete   end delete The local public health officer may inspect the organized
day camp or organized resident camp and 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.

begin delete

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

end delete

(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. begin insert The local health department
shall issue a decision on that appeal within 30 business days and
that decision shall be final. end insert

begin insert

(e) The local public health officer, or his or her designee, may,
during the organized camp’s hours of operation or at other
reasonable times, enter and inspect the premises of the organized
camp, issue citations, and secure any samples, photographs, or
other evidence from an organized camp or any facility suspected
of being an organized camp.

end insert begin insert

(f) A person alleging health and sanitation violations pursuant
to the regulations establishing minimum standards for organized
camps may file a complaint, either orally or in writing, with the
local public health officer. The local public health officer shall
investigate any complaint received.

end insert begin insert

(g) The local public health officer may charge a fee to recover
any necessary costs incurred in administering the provisions of
this part relating to organized camp oversight. The fee shall not
exceed the actual cost of organized camp oversight and related
activities.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 18897.4 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

18897.4.  

begin delete Every end delete begin insert For the purposes of this part, every end insert local health
officer shall enforce within his or her jurisdiction the building
standards published in the State Building Standards Code relating
to organized camps and the other rules and regulations adopted by
the begin delete Director of Public Health end delete begin insert State Public Health Officer end insert pursuant
to Section 18897.2. begin insert A local public health officer may, for the
purposes of complying with this section, contract with the Office
of the State Architect or any other public agency or private
organization for the review of design and performance of
inspection of construction of camp buildings and structures, as
specified in Section 30720 of Title 17 of the California Code of
Regulations. end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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 day
camps and organized resident 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.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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.