Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2162

Introduced by Assembly Member Fox

February 20, 2014

begin delete An act to amend Section 1531.1 of the Health and Safety Code, relating to residential facilities. end delete begin insert An act to add Section 13113.11 to the Health and Safety Code, relating to fire protection. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2162, as amended, Fox. begin delete Residential facilities. end delete begin insert Fire protection: residential care facilities for the elderly. end insert

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Existing law establishes the State Fire Marshal within the Department of Forestry and Fire Protection and sets forth its duties, including, but not limited to, administering provisions relating to inspection and approval of fire protection measures for health and community care facilities.

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Existing law, with certain exceptions, prohibits a person, firm, or corporation from establishing, maintaining, or operating any hospital or other specified care facility for more than 6 guests or patients, and prohibits the operation of a residential care facility for the elderly housing nonambulatory persons that is licensed to care for more than 6 persons, unless it has, among other things, an automatic fire sprinkler or extinguishing system approved by the State Fire Marshal. Existing law generally places responsibility for enforcing State Fire Marshal building standards upon prescribed local agencies and provides for inspection fees. A violation of existing provisions related to fire protection requirements is a crime.

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This bill would require a residential care facility for the elderly, as defined, that has a valid license as of January 1, 2015, to have installed and maintained on and after January 1, 2019, an operable automatic fire sprinkler system approved by the State Fire Marshal. The bill would require a residential care facility for the elderly for which a license is newly issued on or after January 1, 2018, to have an approved, operable automatic fire sprinkler system. The bill would require, by January 1, 2017, the State Fire Marshal to adopt regulations to implement the above provisions. By changing the definition of a crime, the bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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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.

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This bill would make a technical, nonsubstantive change to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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This act shall be known as the Residential Care
Facility Fire Safety Act of 2014.

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begin insert SEC. 2. end insert   

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begin insert Section 13113.11 is added to the end insert begin insert Health and Safety
Code end insert begin insert , immediately following Section 13113.09, to read: end insert

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begin insert 13113.11. end insert   

(a) As used in this section, “residential care facility
for the elderly” means a residential care facility for the elderly,
as defined in Section 1569.2, that is licensed to care for not more
than six residents.

(b) Every residential care facility for the elderly that has a valid
license as of January 1, 2015, shall have installed and maintained
on and after January 1, 2019, an operable automatic fire sprinkler
system approved by the State Fire Marshal that meets the
nationally recognized standard, pursuant to “National Fire
Protection Association 13D: Standard for the Installation of
Sprinkler Systems in One and Two-Family Dwellings and
Manufactured Homes,” as approved by the State Fire Marshal
and adopted as a building standard by the California Building
Standards Commission. The State Fire Marshal shall establish
and approve, by December 31, 2015, the design criteria for
automatic fire sprinkler systems to be installed in existing
residential care facilities for the elderly, which shall be consistent
with the requirements pursuant to the California Building
Standards Code (Section R-313 of Title 24 of Part 2.5 of the
California Code of Regulations). The State Fire Marshal, working
in conjunction with the Department of Housing and Community
Development, shall establish and approve by December 31, 2015,
the design criteria for automatic fire sprinkler systems to be
installed in existing residential care facilities for the elderly that
use a manufactured home as the facility, which shall be consistent
with the requirements pursuant to Article 2.5 (commencing with
Section 4300) of Subchapter (2) of Chapter (3) of Division (1) of
Title 25 of the California Code of Regulations. Notwithstanding
Section 13143.5, a local jurisdiction shall not require a sprinkler
system that exceeds this standard by amending the standard or
applying standards other than the standard approved by the State
Fire Marshal.

(c) Every residential care facility for the elderly for which a
license is newly issued after January 1, 2018, shall have installed
and maintained an operable automatic fire sprinkler system
approved by the State Fire Marshal that meets the nationally
recognized standard, pursuant to “National Fire Protection
Association 13D: Standard for the Installation of Sprinkler Systems
in One and Two-Family Dwellings and Manufactured Homes,”
approved by the State Fire Marshal and adopted as a building
standard by the California Building Standards Commission. The
State Fire Marshal shall establish and approve by December 1,
2015, the design criteria for automatic fire sprinkler systems to
be installed in new residential care facilities for the elderly, which
shall be consistent with the requirements pursuant to the California
Building Standards Code (Section R-313 of Title 24 of Part 2.5 of
the California Code of Regulations). The State Fire Marshal,
working in conjunction with the Department of Housing and
Community Development, shall establish and approve by December
31, 2015, the design criteria for automatic fire sprinkler systems
to be installed in new residential care facilities for the elderly that
use a manufactured home as the facility, which shall be consistent
with the requirements pursuant to Article 2.5 (commencing with
Section 4300) of Subchapter (2) of Chapter 3 of Division 1 of Title
25 of the California Code of Regulations. Notwithstanding Section
13143.5, a local jurisdiction shall not require a sprinkler system
that exceeds this standard by amending the standard or applying
standards other than the standards approved by the State Fire
Marshal.

(d) For purposes of complying with subdivisions (b) and (c), a
property owner or the property owner’s agent shall determine all
phases of construction, including selection of a contractor,
improvements, and design.

(e) By January 1, 2017, the State Fire Marshal shall adopt
regulations to implement this section. These regulations shall
address those fire safety features no longer required of a licensee
after an operable automatic fire sprinkler system is installed and
maintained. The State Fire Marshal shall ensure that any
regulation developed pursuant to this section, including any future
changes to this section or to the standard required by this section,
will be reflected accurately within the California Code of
Regulations.

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begin insert SEC. 3. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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begin delete

SECTION 1.  

Section 1531.1 of the Health and Safety Code is
amended to read:

1531.1.  

(a) 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 may install and
utilize delayed egress devices of the time delay type.

(b) As used in this section, “delayed egress device” means a
device that precludes the use of exits for a predetermined period
of time. These devices shall not delay any resident’s departure
from the facility for longer than 30 seconds.

(c) Within the 30 seconds of delay, facility staff may attempt
to redirect a resident who attempts to leave the facility.

(d) Any person accepted by a residential facility or family home
certified by a foster family agency utilizing delayed egress devices
shall meet all of the following conditions:

(1) The person shall have a developmental disability as defined
in Section 4512 of the Welfare and Institutions Code.

(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500) of the Welfare and Institutions Code).

(3) An interdisciplinary team, through the Individual Program
Plan (IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks
hazard awareness or impulse control and requires the level of
supervision afforded by a facility equipped with delayed egress
devices, and that but for this placement, the person would be at
risk of admission to, or would have no option but to remain in, a
more restrictive state hospital or state developmental center
placement.

(e) The facility shall be subject to all of the fire and building
codes, regulations, and standards applicable to residential care
facilities for the elderly utilizing delayed egress devices, and shall
receive approval by the county or city fire department, the local
fire prevention district, or the State Fire Marshal for the installed
delayed egress devices.

(f) The facility shall provide staff training regarding the use and
operation of the egress control devices utilized by the facility,
protection of residents’ personal rights, lack of hazard awareness
and impulse control behavior, and emergency evacuation
procedures.

(g) The facility shall develop a plan of operation approved by
the State Department of Social Services that includes a description
of how the facility is to be equipped with egress control devices
that are consistent with regulations adopted by the State Fire
Marshal pursuant to Section 13143.

(h) The plan shall include, but shall not be limited to, all of the
following:

(1) A description of how the facility will provide training for
staff regarding the use and operation of the egress control devices
utilized by the facility.

(2) A description of how the facility will ensure the protection
of the residents’ personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.

(3) A description of how the facility will manage the person’s
lack of hazard awareness and impulse control behavior.

(4) A description of the facility’s emergency evacuation
procedures.

(i) Delayed egress devices shall not substitute for adequate staff.
Except for facilities operating in accordance with Section 1531.15,
the capacity of the facility shall not exceed six residents.

(j) Emergency fire and earthquake drills shall be conducted at
least once every three months on each shift, and shall include all
facility staff providing resident care and supervision on each shift.

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