Bill Text: CA AB2206 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child daycare facilities: fire clearance requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2206 Detail]
Download: California-2023-AB2206-Introduced.html
prior to before obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency, as defined in Section 13244,
agency or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations.
Bill Title: Child daycare facilities: fire clearance requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2206 Detail]
Download: California-2023-AB2206-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2206
| Introduced by Assembly Member Addis |
February 07, 2024 |
An act to amend Section 1596.809 of the Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2206, as introduced, Addis.
Child daycare facilities: fire clearance requirements.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, daycare centers, and family daycare homes by the State Department of Social Services. Existing law requires an applicant, prior to obtaining licensure, to secure and maintain a fire clearance approval for the applicant’s facility from the local fire enforcing agency or the State Fire Marshal, whichever has primary fire protection jurisdiction. Existing law requires the department to notify prospective applicants of this requirement and other information related to fire clearance approval when the prospective applicant initially requests information regarding application for licensure.
This bill, on or before July 1, 2025, would require the department to revise its regulations to permit children with exceptional needs,
as defined, to be accepted to and attend a licensed childcare or child development program before the program obtains a revised fire safety clearance if specified requirements are met. The bill also would require the regulations to allow the childcare or child development program up 6 months to obtain a revised fire safety clearance after accepting a nonambulatory child with exceptional needs, and provide that the program may be required to temporarily terminate service to the child after the 6 months until the revised fire safety clearance is obtained. The bill would require the regulations to provide that the fire safety clearance required to include only the number of nonambulatory children the provider is approved to serve and the plan for evacuating nonambulatory children in case of fire.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1596.809 of the Health and Safety Code is amended to read:1596.809.
(a) A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that,(b) Notwithstanding any other law, on or before July 1, 2025, the department shall revise its regulations to do all of the following:
(1) Permit children with exceptional needs, as defined in Section 8205 of the Education Code, to be accepted to and attend a childcare or child development program licensed under this chapter before the program has obtained a revised fire safety clearance approved by
the city or county fire department, the district providing fire protection services, or the State Fire Marshal, under any of the following circumstances:
(A) The childcare or child development program meets applicable requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B) The childcare or child development program has submitted a fire safety clearance application within the previous 10 years that included a plan to serve nonambulatory children, and the application was approved.
(C) The child with exceptional needs is reasonably mentally and physically capable of understanding and responding to instructions to evacuate a building, regardless of whether the child uses assistive equipment such as a walker, crutches, or a wheelchair.
(2) Allow a childcare or child development program up to six months to obtain a revised fire safety clearance after accepting a nonambulatory child with exceptional needs, and provide that a program that fails to obtain a revised fire safety clearance within that period may be required to temporarily terminate service to a nonambulatory child until a revised fire safety clearance is obtained.
(3) Clarify that a fire clearance is not required to state the name, disability type, or ambulatory restrictions of any specific child, and is required to include only the number of nonambulatory children the provider is approved to serve and the plan for evacuating nonambulatory children in case of fire.
