BILL NUMBER: AB 2432	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 24, 2012

   An act to amend Section 13235 of the Health and Safety Code,
relating to fire safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2432, as introduced, Carter. Fire safety: facility inspections.

   Existing law requires a local fire enforcing agency or the State
Fire Marshal, whichever has jurisdiction, upon receipt of a request
from a prospective licensee of a community care facility, residential
care facility for the elderly, or child day care facility, to
conduct a preinspection of the facility prior to the final fire
clearance approval, including consultation and interpretation of fire
safety regulations.
   This bill would make nonsubstantive changes to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13235 of the Health and Safety Code is amended
to read:
   13235.  (a) Upon receipt of a request from a prospective licensee
of a community care facility, as defined in Section 1502,  of
 a residential care facility for the elderly, as defined in
Section 1569.2, or  of  a child day care facility,
as defined in Section 1596.750, the local fire enforcing agency, as
defined in Section 13244, or State Fire Marshal, whichever has
primary jurisdiction, shall conduct a preinspection of the facility
prior to the final fire clearance approval. At the time of the
preinspection, the primary fire enforcing agency shall provide
consultation and interpretation of fire safety regulations, and shall
notify the prospective licensee of the facility in writing of the
specific fire safety regulations  which   that
 shall be enforced in order to obtain fire clearance approval. A
fee equal to, but not exceeding, the actual cost of the
preinspection services may be charged for the preinspection of a
facility with a capacity to serve 25 or fewer persons. A fee equal
to, but not exceeding, the actual cost of the preinspection services
may be charged for a preinspection of a facility with a capacity to
serve 26 or more persons.
   (b) The primary fire enforcing agency shall complete the final
fire clearance inspection for a community care facility, residential
care facility for the elderly, or child day care facility within 30
days of receipt of the request for the final inspection, or as of the
date the prospective facility requests the final prelicensure
inspection by the State Department of Social Services, whichever is
later.