BILL ANALYSIS �
AB 2162
Page 1
Date of Hearing: April 30, 3014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 2162 (Fox) - As Amended: April 22, 2014
SUBJECT : Fire protection: residential care facilities.
SUMMARY : Requires a residential care facility for the elderly
(RCFE), as defined, or an adult residential facility (ARF), as
defined, that has a valid license as of January 1, 2015, to have
installed and maintained on an after January 1, 2019, an
operable automatic fire sprinkler system approved by the State
Fire Marshall (SFM). Specifically, this bill :
1)Requires all residential care facilities that are licensed on
or after January 1, 2015 to have installed and maintained an
operable automatic fire sprinkler system approved by the SFM
no later than January 1, 2018.
2)Requires the SFM to establish and approve, by December 31,
2015, the design criteria for automatic fire sprinkler systems
to be installed in residential care facilities.
3)Requires the SFM to establish and approve standards, in
consultation with the Department of Housing and Community
Development, for automatic fire sprinkler systems to be
installed in manufactured homes that are licensed as
residential care facilities by December 31, 2015.
4)Requires the design criteria to comply with California
Building Standards and Code, as specified.
5)Prohibits a local jurisdiction from requiring a sprinkler
system that exceeds the standards established by the SFM.
6)Provides that the property owner or the property owner's agent
shall determine all phases of construction, including
selection of a contractor, improvements, and design.
7)Requires, at least one year prior to complying with the
provisions of this bill, for the licensee of the residential
care facility to pay the property owner or the property
owner's agent all costs associated with compliance with the
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provisions of this bill.
8)Requires the SFM to adopt regulations to implement these
requirements, as specified, no later than January 1, 2017.
9)Specifies that the fee imposed by a local fire marshal or
building department for plan review or installation
inspections of a fire sprinkler system shall not exceed the
actual cost of the plan review or installation inspection for
each existing facility undergoing a plan review or inspection,
including if the fire sprinkler is the sole renovation.
10) Specifies that local governments are encouraged to work
together to minimize the number of preinstallation and
postinstallation inspections and minimize fees imposed on a
residential care facility.
EXISTING LAW
1)Prohibits a person, firm, or corporation from establishing,
maintaining, or operating any hospital or other specified care
facility for more than six guests or patients, and prohibits
the operation of a residential care facility for the elderly
housing non-ambulatory persons that is licensed to care for
more than six persons, unless it has, among other things, an
automatic fire sprinkler or extinguishing system approved by
the SFM.
2)Establishes the SFM within the Department of Forestry and Fire
Protection and sets forth its duties, including administering
provisions relating to inspection and approval of fire
protection measures for health and community care facilities.
3)Establishes the California RCFE Act, which requires facilities
that provide personal care and supervision, protective
supervision or health related services for persons 60 years of
age or older who voluntarily choose to reside in that facility
to be licensed by the California Department of Social
Services' (DSS) Community Care Licensing Division (CCLD).
4)Places responsibility for enforcing SFM building standards
upon prescribed local agencies and provides for the assessment
of related inspection fees.
5)Establishes the licensing of community care facilities, for
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which the DSS is responsible.
6)Prohibits a local fire official from imposing fire safety
requirements stricter than the applicable state ones for
facilities serving six or fewer clients.
7)Requires the SFM to establish separate fire and panic safety
standards for specified facilities and that the SFM is
responsible for the promulgation of regulations for the
prevention of fire and protection of life and property against
fire in buildings that house six or fewer persons of any age
that are placed there by order of a government agency for
their protection.
8)Establishes that a residential facility that serves six or
fewer persons shall be considered a residential use of
property.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, current law does
not adequately protect residents in RCFEs and ARFs licensed for
six or fewer beds against fires. RCFEs are residential care
facilities that serve persons 60 and older while ARFs are
facilities that provide 24-hour non-medical care for adults ages
18-59. There are currently 6,033 RCFEs and 4401 ARFs in
California that are for six or fewer beds. Many residents need
assistance in leaving a facility in case of an emergency because
of disabilities. It is difficult to assist non-ambulatory
residents from a burning facility where the staff at the care
facility is limited.
AB 2162 addresses this problem by requiring a RCFE or ARF 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.
Injuries/fatalities : Since 1990 there have been roughly 20
deaths due to fires at RCFEs throughout California. In most
cases, as reported by the media, those who lost their lives in
the fires were unable to escape because they were either
bedridden or non-ambulatory. As an example, a recent fire in
the City of Marina resulted in the death of all five of the
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disabled residents. Though the two caregivers tried to help the
young adults trapped in the house, they were ultimately
unsuccessful.
Reintroduction of earlier bills : The proposed requirement for
the installation of automatic fire sprinklers in RCFEs and ARFs
is nothing new. Over the past 14 years there have been various
bills that have proposed similar requirements as those proposed
by AB 2162. While some have failed in various policy
committees, some have been vetoed by the Governor. In his veto
message for one of these bills, AB 759 (Karnette), Governor
Schwarzenegger stated that, "while I appreciate the author's
intent to mitigate injuries and fatal fires in small residential
care facilities, this bill could place a significant economic
impact on residential care providers and the health care
industry at large. Inadequate housing for elderly persons, many
who have disabilities, is already a significant problem. This
bill may result in fewer facilities being available to serve the
elderly."
Growing demand : Over the past thirty years, the demand for
RCFEs has grown substantially. Although RCFEs have been
generally available, they experienced explosive growth in the
1990s, more than doubling the number of beds between 1990 and
2002, and continued to grow 16 percent between 2001 and 2010.
As of 2013, there were approximately 7,592 RCFEs in California
and 5,160 ARFS. Of these 6,033 RCFEs, or roughly 79%, and 4,401
ARFs, or approximately 85%, are licensed for six or fewer beds.
Cost of Installation : The cost of installing an automatic fire
sprinkler system inside a residential care facility can depend
widely on the age of the facility as well as its location. In a
best case scenario it seems that the price of installing an
automatic fire sprinkler system can be as low as $5,000-$10,000.
This would be for a home that is relatively new and in a
location that has adequate infrastructure. For homes that were
built in the early 1900s and for those homes that are in a rural
community, the cost of installing an automatic fire sprinkler
can increase dramatically. In conversations with the Community
Residential Care Association of California, they indicated that
in one instance an operator of a residential care facility was
informed that in order for them to install an automatic fire
sprinkler system the operator would first need to spend roughly
$35,000 dollar in order to bring the building to code and have
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the needed water pressure for a sprinkler system. After that
the operator would then need to spend thousands of dollars more
to install an automatic fire sprinkler system. While the
previous example might represent an extreme, even in a best case
scenario, an expenditure of $5,000-$10,000 would be a
significant cost for these facilities to absorb, especially
those facilities that are struggling to stay afloat.
Arguments in Support : According to the California Advocates for
Nursing Home Reform, requiring sprinklers will do one thing and
one thing only, it will save lives! In November 2011, five
innocent young lives were lost in residential facility in
Marina, CA. Four of the five residents were non-ambulatory,
like many residents in ARFs and RCFEs. If a sprinkler system
had been in place it is probable that the residents would be
alive today. Numerous other fires in these small facilities
have resulted in deaths. This bill provides a reasonable
timetable for facilities to install fire sprinkler systems. AB
2162 will not decrease housing options for the elderly or
persons with disabilities. It will not force RCFE providers out
of business. It will only save lives of the elderly and
disabled when there is a fire.
The American Federation of State, County, and Municipal
Employees, AFL-CIO also writes in support stating that AB 2162
would protect non-ambulatory seniors living in residential care
facilities in the event of a fire. Many of those assisted
residential care facilities for the elderly have ambulatory care
needs that would make it more difficult for firefighters and
other emergency responders to assist them out of a burning
building. Should there be a fire in a facility without fire
sprinklers, non-ambulatory residents would be particularly
disadvantaged. AB 2162 would address this problem by ensuring
that residential care facilities for the elderly have operable
automatic fire sprinklers to protect the safety of those they
care for.
Arguments in Opposition : The Community Residential Care
Association of California (CRCAC) writes in opposition to the
bill stating that the concerns of their association remain
constant with that of past years and are similar to the concerns
expressed by the members of the Assembly Governmental
Organization Committee last year, i.e., financial impact to the
facility owners, difficulties faced by facilities in rural
areas, difficulties faced by owners of historical buildings.
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Specifically, CRCAC is concerned that the cost of such systems
on those operating small residential facilities. As of January
2011, the Building Codes for California require fire sprinklers
in all new one and two story family homes and townhouses.
However, even this requirement has proven challenging for the
rural communities that may not have water hookups to supply
sprinklers, in which case the requirement is the installation of
tanks of at least 300 gallons.
CRCA further argues that there are facilities in California that
care for individuals receiving Supplemental Security Income and
State Supplementary Payment (SSI/SSP). By law, the operators of
these facilities cannot charge their residents/clients more than
the cost for care and supervision. This amount is currently
$1,003. The amount of SSI/SSP increase facility operators have
received over the last four years has been $42. Costs for
utilities, food, and staff wages and benefits continue to rise.
The backlash of this mandate will be either the elimination of
facilities willing to accept individuals on SSI/SSP or possibly
facility closure. At a time when economics is a major factor in
the number of facilities accepting those SSI/SSP, what will be
the alternative for those individuals?
Double referral : The bill was previously heard in the Assembly
Human Services Committee. It passed with a vote of 5-0.
Prior Legislation :
AB 462 (Stone), 2013-2014 Legislative Session. The bill
required RCFEs or ARFs that has a valid license as of a January
1, 2014, to have installed and maintained on and after January
1, 2018, an operable automatic fire sprinkler system approved by
the SFM. (Failed passage in Assembly Governmental Organization
Committee)
AB 759 (Karnette), 2007-2008 Legislative Session. The bill
required every Residential Care Facility for the Elderly that is
licensed to care for not more than 6 residents, to have an
approved, operable automatic fire sprinkler system on and after
July 1, 2011, if they are licensed as of July 1, 2010. Requires
every facility for which a license is newly issued on or after
July 1, 2010, to have an approved, operable automatic fire
sprinkler system on and after the date of issuance. (Vetoed by
the Governor)
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AB 2836 (Karnette), 2005-2006 Legislative Session. The bill
required Residential Care Facilities for the Elderly that house
or care for four or more clients or residents, to have an
approved, operable automatic fire sprinkler system on and after
January 1, 2014, if they are licensed as of January 1, 2010.
Requires every facility for which a license is newly issued on
or after January 1, 2010, to have an approved, operable
automatic fire sprinkler system on and after the date of
issuance. (Vetoed by the Governor)
AB 2065 (Nakano), 2003-2004 Legislative Session. The bill would
have required every residential care facility for the elderly
and every adult residential facility, which houses or cares for
no more than six guests or patients, to have installed and
maintained an operable automatic fire sprinkler system approved
by the SFM. AB 2065 would have required all newly licensed
facilities to have sprinklers after January 1, 2006, and all
facilities that are currently licensed to have sprinklers after
January 1, 2010. (Held in Senate Appropriations Committee)
SB 1896 (Ortiz) Chapter 817, Statutes of 2000. The bill requires
the SFM and DSS each to promulgate regulations applicable to all
residential facilities licensed by DSS, regulations that would
permit residents to remain in home-like settings, and, at a
minimum, would guide fire safety in a residence of six or fewer
clients, at least one of whom is bed-ridden.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
Beverly Hills Fire Department
California Advocates for Nursing Home Reform
California Professional Firefighters
California Long-Term Care Ombudsman Association
California State Firefighters Association
Central County Fire Department
City of El Segundo Fire Department
Contra Costa County Fire Protection District
Long Term Care Ombudsman Services of San Luis Obispo County
Opposition
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Community Residential Care Association of California
People's Care
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531