AB 2162, as introduced, Fox. Residential facilities.
Existing law defines a residential facility as any family home, group care facility, or similar facility for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual. Existing law allows a residential facility licensed as an adult residential facility, group home, small family home, foster family home, or a family home certified by a foster family agency to install and utilize delayed egress devices that preclude the use of exits for a predetermined period of time. Existing law requires the facility utilizing these devices to be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress services, among other requirements.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1531.1 of the Health and Safety Code is
2amended to read:
(a) A residential facility licensed as an adult residential
4facility, group home, small family home, foster family home, or
5a family home certified by a foster family agency may install and
6utilize delayed egress devices of the time delay type.
7(b) As used in this section, “delayed egress device” means a
8device that precludes the use of exits for a predetermined period
9of time. These devices shall not delay any resident’s departure
10from the facility for longer than 30 seconds.
11(c) Within the 30 seconds of delay, facility staff may attempt
12to redirect a resident who attempts to leave the facility.
13(d) Any person accepted by a residential
facility or family home
14certified by a foster family agency utilizing delayed egress devices
15shall meet all of the following conditions:
16(1) The person shall have a developmental disability as defined
17in Section 4512 of the Welfare and Institutions Code.
18(2) The person shall be receiving services and case management
19from a regional center under the Lanterman Developmental
20Disabilities Services Act (Division 4.5 (commencing with Section
214500) of the Welfare and Institutions Code).
22(3) An interdisciplinary team, through the Individual Program
23Plan (IPP) process pursuant to Section 4646.5 of the Welfare and
24Institutions Code, shall have determined that the person lacks
25hazard awareness or impulse control and requires the level of
26supervision afforded by a facility equipped with delayed egress
27devices, and that but for
this placement, the person would be at
28risk of admission to, or would have no option but to remain in, a
29more restrictive state hospital or state developmental center
30placement.
31(e) The facility shall be subject to allbegin insert
of theend insert fire and building
32codes, regulations, and standards applicable to residential care
33facilities for the elderly utilizing delayed egress devices, and shall
34receive approval by the county or city fire department, the local
35fire prevention district, or the State Fire Marshal for the installed
36delayed egress devices.
37(f) The facility shall provide staff training regarding the use and
38operation of the egress control devices utilized by the facility,
P3 1protection of residents’ personal rights, lack of hazard awareness
2and impulse control behavior, and emergency evacuation
3procedures.
4(g) The facility shall develop a plan of operation approved by
5the State Department of Social Services that includes a description
6of how the facility is to be equipped with egress control devices
7that are consistent with regulations adopted by the State Fire
8
Marshal pursuant to Section 13143.
9(h) The plan shall include, but shall not be limited to, all of the
10following:
11(1) A description of how the facility will provide training for
12staff regarding the use and operation of the egress control devices
13utilized by the facility.
14(2) A description of how the facility will ensure the protection
15of the residents’ personal rights consistent with Sections 4502,
164503, and 4504 of the Welfare and Institutions Code.
17(3) A description of how the facility will manage the person’s
18lack of hazard awareness and impulse control behavior.
19(4) A description of the facility’s emergency evacuation
20procedures.
21(i) Delayed egress devices shall not substitute for adequate staff.
22Except for facilities operating in accordance with Section 1531.15,
23the capacity of the facility shall not exceed six residents.
24(j) Emergency fire and earthquake drills shall be conducted at
25least once every three months on each shift, and shall include all
26facility staff providing resident care and supervision on each shift.
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