AB 2162,
as amended, Fox. Fire protection: residential carebegin delete facilities for the elderly.end deletebegin insert facilities.end insert
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.
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.
This bill would require a residential care facility for the elderly, as defined,begin insert or an adult residential facility, as defined,end insert 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 facilitybegin delete for the elderlyend deletebegin insert, as defined,end insert
for which a license is newly issued on or after January 1, 2018, to have an approved, operable automatic fire sprinkler system.begin insert The bill would require the licensee of a facility to pay all costs associated with compliance with these provisions. The bill would limit specified inspection fees related to the sprinkler systems.end insert 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.
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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
This act shall be known as the Residential Care
2Facility Fire Safety Act of 2014.
Section 13113.11 is added to the Health and Safety
4Code, immediately following Section 13113.09, to read:
(a) As used in this section, “residential carebegin delete facility begin insert facility”end insert means a residential care facility for the
6for the elderly”end delete
7elderly, as defined in Section 1569.2,begin insert or an adult residential
8facility, as defined in paragraph (5) of subdivision (a) of Section
980001 of Title 22 of the California Code of Regulations,end insert that is
10licensed to care for not more than six residents.
11(b) Every residential care facilitybegin delete for the elderlyend delete
that has a valid
12license as of January 1, 2015, shall have installed and maintained
13on and after January 1, 2019, an operable automatic fire sprinkler
14system approved by the State Fire Marshal that meets the nationally
15recognized standard, pursuant to “National Fire Protection
16Association 13D: Standard for the Installation of Sprinkler Systems
P3 1inbegin delete Oneend deletebegin insert Oneend insertbegin insert-end insert and Two-Family Dwellings and Manufactured
2Homes,” as approved by the State Fire Marshal and adopted as a
3building standard by the California Building Standards
4Commission. The State Fire Marshal shall establish and approve,
5by December 31, 2015, the design criteria for automatic
fire
6sprinkler systems to be installed in existing residential care
7facilitiesbegin delete for the elderlyend delete, which shall be consistent with the
8requirements pursuant to the California Building Standards Code
9(Section R-313 of Title 24 of Part 2.5 of the California Code of
10Regulations). The State Fire Marshal, working in conjunction with
11the Department of Housing and Community Development, shall
12establish and approve by December 31, 2015, the design criteria
13for automatic fire sprinkler systems to be installed in existing
14residential care facilitiesbegin delete for the elderlyend delete that use a manufactured
15home as the facility, which shall be consistent with the
16requirements pursuant to Article 2.5 (commencing with Section
174300) of Subchapterbegin delete (2)end deletebegin insert
2end insert of Chapterbegin delete (3)end deletebegin insert 3end insert of Divisionbegin delete (1)end deletebegin insert 1end insert of
18Title 25 of the California Code of Regulations. Notwithstanding
19Section 13143.5, a local jurisdiction shall not require a sprinkler
20system that exceeds this standard by amending the standard or
21applying standards other than the standard approved by the State
22Fire Marshal.
23(c) Every residential care facilitybegin delete for the elderlyend delete for which a
24license is
newly issued after January 1, 2018, shall have installed
25and maintained an operable automatic fire sprinkler system
26approved by the State Fire Marshal that meets the nationally
27recognized standard, pursuant to “National Fire Protection
28Association 13D: Standard for the Installation of Sprinkler Systems
29inbegin delete Oneend deletebegin insert Oneend insertbegin insert-end insert and Two-Family Dwellings and Manufactured
30Homes,” approved by the State Fire Marshal and adopted as a
31building standard by the California Building Standards
32Commission. The State Fire Marshal shall establish and approve
33by December 1, 2015, the design criteria for automatic fire
34sprinkler systems to be installed in new
residential care facilities
35begin delete for the elderlyend delete, which shall be consistent with the requirements
36pursuant to the California Building Standards Code (Section R-313
37of Title 24 of Part 2.5 of the California Code of Regulations). The
38State Fire Marshal, working in conjunction with the Department
39of Housing and Community Development, shall establish and
40approve by December 31, 2015, the design criteria for automatic
P4 1fire sprinkler systems to be installed in new residential care
2facilitiesbegin delete for the elderlyend delete that use a manufactured home as the
3facility, which shall be consistent with the requirements pursuant
4to Article 2.5 (commencing with Section 4300) of Subchapterbegin delete (2)end delete
5begin insert
2end insert of Chapter 3 of Division 1 of Title 25 of the California Code of
6Regulations. Notwithstanding Section 13143.5, a local jurisdiction
7shall not require a sprinkler system that exceeds this standard by
8amending the standard or applying standards other than the
9standards approved by the State Fire Marshal.
10(d) For purposes of complying with subdivisions (b) and (c), a
end delete
11(d) For purposes of complying with subdivisions (b) and (c),
12the following shall apply:
13begin insert(1)end insertbegin insert end insertbegin insertA end insertproperty owner or the property owner’s agent shall
14determine all phases of construction, including selection of a
15contractor, improvements, and design.
16(2) At least one year prior to complying with this section, the
17licensee of the residential care facility shall pay the property owner
18or the property owner’s agent all costs associated with compliance
19with this section.
20(e) By January 1, 2017, the State Fire Marshal shall adopt
21regulations to implement this section. These regulations shall
22address those fire safety features no longer required of a licensee
23after
an operable automatic fire sprinkler system is installed and
24maintained. The State Fire Marshal shall ensure that any regulation
25developed pursuant to this section, including any future changes
26to this section or to the standard required by this section, will be
27reflected accurately within the California Code of Regulations.
28(f) The fee imposed by a local fire marshal or building
29department for plan review or installation inspections of a fire
30sprinkler system required by this section shall not exceed the actual
31cost of the plan review or installation inspection for each existing
32facility undergoing a plan review or inspection, including if the
33fire sprinkler system is the sole renovation.
34(g) Local government units are encouraged to work together to
35minimize the number of preinstallation and postinstallation
36inspections and minimize fees imposed on a residential care facility
37pursuant to this section.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P5 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
O
97