Amended in Assembly July 16, 2015

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 Sections 18897 and 18897.4 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 regulations governing 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. begin delete This bill would exclude from “organized camps” physical education-based organizations, gymnastics studios, sports training organizations, and theatre programs, among others. end delete The bill would require the included camps to issue a written notice of intent to begin delete operate and to end delete begin insert operate, end insert develop a written operating begin delete plan end delete begin insert plan, end insert and submit the plan, or written verification that the camp is accredited by the American Camp Association, to the local public health officer at least 45 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 in a locked storage cabinet when not in use, as specified. 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.

The bill would authorize the local public health officer to inspect the camp and charge fees for 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. 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 education.

(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 program, a facility licensed by
the state, or a 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 begin delete museums, zoos, end delete cities, counties, begin insert or end insert
special begin delete districts, sports training organizations, gymnastics studios,
theater groups, or other physical education-based organizations. end delete
begin insert districts. end 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 three or more
consecutive 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.

begin insert

(e) Notwithstanding any other law, an organized camp program
conducted for children by the YMCA, Girl Scouts of the USA, Boy
Scouts of America, Boys and Girls Clubs, Camp Fire USA, or
similar organizations shall not be required to be licensed as a
child day care center.

end insert

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

(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.

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

(4) 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.

(5) Store all firearms, including rifles, pellet guns, 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 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.

(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.

(b) (1) 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 business days of
receiving the operating plan or verification of accreditation.

(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:

(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.

(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.

(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).

(c) 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.

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

(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.

(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.

(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.

SEC. 4.  

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

18897.4.  

begin insert (a) end insert begin insert   end insert For the purposes of this part, every local health
officer shall enforce within his or her jurisdiction the building
standards published in the State Building Standards Code relating
to organized begin insert resident end insert camps and the other rules and regulations
adopted by the State Public Health Officer pursuant to Section
18897.2. A local public health officer may, for the purposes of
complying with this begin delete section, contract with end delete begin insert subdivision, delegate
responsibility to end insert 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.

begin insert

(b) For organized day camps, a local public health officer shall
enforce within his or her jurisdiction the health and sanitation
requirements for a permit or authorization pursuant to Section
18897.1.

end insert

SEC. 5.  

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.

SEC. 6.  

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.