Fire protection: residential care facilities.

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 the assessment of related inspection fees. A violation of provisions related to fire protection requirements is a crime. This bill would require a residential care facility for the elderly or adult residential facility, as defined, that has a valid license as of January 1, 2014, to have installed and maintained on and after January 1, 2018, an operable automatic fire sprinkler system approved by the State Fire Marshal. The bill would require a residential care facility, defined to include these facilities, for which a license is newly issued on or after January 1, 2017, to have an approved, operable automatic fire sprinkler system. The bill would also provide that if the facility does not own the property the property owner shall determine all phases of construction, and the facility licensee shall pay all costs associated with compliance with these provisions. The bill would limit specified inspection fees related to the sprinkler systems. The bill would require, by January 1, 2016, the State Fire Marshal to adopt regulations to implement the above provisions. By changing the definition of a crime, this 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.