2009 California Health and Safety Code - Section 1566-1566.8 :: Article 7. Local Regulation

1566.  The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development of sufficient numbers and types of residential care
facilities as are commensurate with local need.
   The provisions of this article shall apply equally to any
chartered city, general law city, county, city and county, district,
and any other local public entity.
   For the purposes of this article, "six or fewer persons" does not
include the licensee or members of the licensee's family or persons
employed as facility staff.

1566.1.  Any person licensed under the provisions of this chapter
who operates, or proposes to operate a residential facility, the
department or other public agency authorized to license such a
facility, or any public or private agency which uses or may use the
services of the facility to place its clients, may invoke the
provisions of this article.
   This section shall not be construed to prohibit any interested
party from bringing suit to invoke the provisions of this article.

1566.2.  A residential facility, which serves six or fewer persons
shall not be subject to any business taxes, local registration fees,
use permit fees, or other fees to which other family dwellings of the
same type in the same zone are not likewise subject. Nothing in this
section shall be construed to forbid the imposition of local
property taxes, fees for water service and garbage collection, fees
for inspections not prohibited by Section 1566.3, local bond
assessments, and other fees, charges, and assessments to which other
family dwellings of the same type in the same zone are likewise
subject. Neither the State Fire Marshal nor any local public entity
shall charge any fee for enforcing fire inspection regulations
pursuant to state law or regulation or local ordinance, with respect
to residential facilities that serve six or fewer persons, except for
fees authorized pursuant to Section 13235.
   For purposes of this section, "family dwellings," includes, but is
not limited to, single-family dwellings, units in multifamily
dwellings, including units in duplexes and units in apartment
dwellings, mobilehomes, including mobilehomes located in mobilehome
parks, units in cooperatives, units in condominiums, units in
townhouses, and units in planned unit developments.

1566.25.  If a county of residence agrees to pay a placement county
the costs of providing services to a minor pursuant to subdivision
(a) of Section 740 of the Welfare and Institutions Code, all of the
following shall apply:
   (a) The county of residence shall agree to pay the placement
county the actual costs of providing services to a child placed in a
community care facility outside his or her county of residence by a
placement agency, as defined in Section 1536.1, that are incurred by
the probation department, social services department, health
department, or mental health department of the placement county for
which the placement county is not otherwise reimbursed.
   (b) Claims made by the county of placement to the county of
residency pursuant to subdivision (a) shall include documentation and
shall be paid within 30 days of submission of these claims.
   (c) For the purposes of this section, the county from where the
child was placed in the community care facility shall be considered
the county of residency.

1566.3.  (a) Whether or not unrelated persons are living together, a
residential facility that serves six or fewer persons shall be
considered a residential use of property for the purposes of this
article. In addition, the residents and operators of such a facility
shall be considered a family for the purposes of any law or zoning
ordinance which relates to the residential use of property pursuant
to this article.
   (b) For the purpose of all local ordinances, a residential
facility that serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house, institution
or home for the care of minors, the aged, or the mentally infirm,
foster care home, guest home, rest home, sanitarium, mental hygiene
home, or other similar term which implies that the residential
facility is a business run for profit or differs in any other way
from a family dwelling.
   (c) This section shall not be construed to prohibit any city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs of a
residential facility which serves six or fewer persons as long as
such restrictions are identical to those applied to other family
dwellings of the same type in the same zone.
   (d) This section shall not be construed to prohibit the
application to a residential care facility of any local ordinance
that deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity if the ordinance does not distinguish residential
care facilities which serve six or fewer persons from other family
dwellings of the same type in the same zone and if the ordinance does
not distinguish residents of the residential care facilities from
persons who reside in other family dwellings of the same type in the
same zone. Nothing in this section shall be construed to limit the
ability of a local public entity to fully enforce a local ordinance,
including, but not limited to, the imposition of fines and other
penalties associated with violations of local ordinances covered by
this section.
   (e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility which serves
six or fewer persons which is not required of a family dwelling of
the same type in the same zone.
   (f) Use of a family dwelling for purposes of a residential
facility serving six or fewer persons shall not constitute a change
of occupancy for purposes of Part 1. 5 (commencing with Section
17910) of Division 13 or local building codes. However, nothing in
this section is intended to supersede Section 13143 or 13143.6, to
the extent such sections are applicable to residential facilities
providing care for six or fewer residents.
   (g) For the purposes of this section, "family dwelling," includes,
but is not limited to, single-family dwellings, units in multifamily
dwellings, including units in duplexes and units in apartment
dwellings, mobilehomes, including mobilehomes located in mobilehome
parks, units in cooperatives, units in condominiums, units in
townhouses, and units in planned unit developments.

1566.4.  No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
facility because of a failure to comply with local ordinances from
which such facilities are exempt under Section 1566.3, provided that
the applicant otherwise qualifies for such fire clearance, license,
permit, or similar authorization.

1566.45.  (a) (1) For purposes of this section, "bedridden" means
requiring assistance in turning and repositioning in bed or being
unable to independently transfer to and from bed, except in a
facility with appropriate and sufficient care staff, mechanical
devices, if necessary, and safety precautions, as determined by the
director in regulations.
   (2) In developing the regulations for child residential
facilities, the department shall take into consideration the size and
weight of the child.
   (3) For purposes of this section, the status of being bedridden
shall not include having any illness that persists for 14 days or
less.
   (4) The determination of the bedridden status of persons with
developmental disabilities shall be made by the Director of Social
Services or his or her designated representative, in consultation
with the Director of Developmental Services or his or her designated
representative, after consulting the resident's individual safety
plan. The determination of the bedridden status of all other persons
with disabilities who are not developmentally disabled shall be made
by the Director of Social Services, or his or her designated
representative.
   (b) Bedridden persons may be admitted to, and remain in,
residential facilities that secure and maintain an appropriate fire
clearance. A fire clearance shall be issued to a facility in which
one or more bedridden persons reside if either of the following
conditions are met:
   (1) The fire safety requirements are met. Clients who are unable
to independently transfer to and from bed, but who do not need
assistance to turn or reposition in bed, shall be considered
nonambulatory for purposes of this paragraph.
   (2) Alternative methods of protection are approved.
   (c) (1) The department and the Office of the State Fire Marshal,
in consultation with the State Department of Developmental Services,
shall each promulgate regulations that meet all of the following
conditions:
   (A) Are consistent with subdivision (a).
   (B) Are applicable to facilities regulated under this chapter,
consistent with the regulatory requirements of the California
Building Standards Code for fire and life safety for the respective
occupancy classifications into which the State Department of Social
Services' community care licensing classifications fall.
   (C) Permit residents to remain in homelike settings.
   (2) At a minimum, these regulations shall do both of the following
with regard to a residential care facility that provides care for
six or fewer residents, at least one of whom is bedridden:
   (A) Clarify the fire and life safety requirements for a fire
clearance for the facility.
   (B) Identify procedures for requesting the approval of alternative
means of providing equivalent levels of fire and life safety
protection. Either the facility, the resident or resident's
representative, or local fire official may request from the Office of
the State Fire Marshal a written opinion concerning the
interpretation of the regulations promulgated by the State Fire
Marshal pursuant to this section for a particular factual dispute.
The State Fire Marshal shall issue the written opinion within 45 days
following the request.
   (d) For facilities that care for six or fewer clients, a local
fire official shall not impose fire safety requirements stricter than
the fire safety regulations promulgated for the particular type of
facility by the Office of the State Fire Marshal or the local fire
safety requirements imposed on any other single family dwelling,
whichever is more strict.
   (e) This section and any regulations promulgated thereunder shall
be interpreted in a manner that provides flexibility to allow
bedridden persons to avoid institutionalization and be admitted to,
and safely remain in, community-based residential care facilities.

1566.5.  For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after January 1, 1979, a
residential facility which serves six or fewer persons shall be
considered a residential use of property and a use of property by a
single family, notwithstanding any disclaimers to the contrary.

1566.6.  The department shall annually prepare, with a quarterly
update commencing July 1, 1979, specifying newly licensed facilities,
a list or lists of all licensed community care facilities in the
state, other than foster family homes, which shall include the
information required by Section 1536 and shall additionally specify
as to each such facility the licensed capacity of the facility and
whether it is licensed by the state department or by another public
agency pursuant to Section 1511. Compliance with this section shall
also constitute compliance with Section 1536.

1566.7.  The department shall notify affected placement agencies and
the Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of Section 9701 of the Health and Safety Code,
whenever the department substantiates that a violation has occurred
which poses a serious threat to the health and safety of any resident
when the violation results in the assessment of any penalty or
causes an accusation to be filed for the revocation of a license. If
the violation is appealed by the facility within 10 days, the
department shall only notify placement agencies of the violation when
the appeal has been exhausted. If the appeal process has not been
completed within 60 days, the placement agency shall be notified with
a notation which indicates that the case is still under appeal. The
notice to each placement agency shall be updated monthly for the
following 24-month period and shall include the name and location of
the facility, the amount of the fine, the nature of the violation,
the corrective action taken, the status of the revocation, and the
resolution of the complaint. At any time during which a facility is
found to have one or more of the following serious deficiencies, the
director shall provide an immediate notice of not to exceed five
working days to the placement agency:
   (a) Discovery that an employee of the facility has a criminal
record which would affect the facility's compliance with Section
1522.
   (b) Discovery that a serious incident which resulted in physical
or emotional trauma of a resident has occurred in a facility.

1566.75.  (a) By January 1, 2006, the department's Community Care
Licensing Division shall enter into memoranda of understanding with
up to 10 local mental health departments that volunteer to
participate. Each memorandum of understanding shall outline a formal
protocol to address shared responsibilities, monitoring
responsibilities, facility closures, training, and a process for
mediation of disputes between the local mental health authority and
the department's local licensing office relating to adult residential
facilities and social rehabilitation facilities.
   (b) On or before January 31, 2006, the department shall transmit a
copy of each memorandum of understanding that has been signed to the
Legislature.

1566.8.  Notwithstanding any other provision of law, if according to
the rules and regulations of a mobilehome park, the park is
designated as a family park or a section of a mixed mobilehome park
is designated as a family section, no rule, regulation, rental
agreement, or any other provision in existence on the effective date
of this section shall, directly or indirectly, prohibit a person from
operating in any mobilehome in a family park or designated family
section, a licensed foster family home.