Bill Text: CA SB476 | 2015-2016 | Regular Session | Amended
Bill Title: Organized camps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB476 Detail]
Download: California-2015-SB476-Amended.html
BILL NUMBER: SB 476 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JULY 1, 2015
AMENDED IN SENATE APRIL 14, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 26, 2015
An act to amend Sections 18897 and 18897.4 of, to add Section
18897.8 to, and to repeal and add Section 18897.1 of, the Health and
Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 476, as amended, Mendoza. Organized camps.
Existing law requires the State Public Health Officer to establish
rules and regulations establishing minimum standards for organized
camps, and regulations governing the operation of organized camps
that he or she determines are necessary to protect the health and
safety of the campers. Existing law establishes minimum standards for
the operation, regulation, and enforcement of organized camps, as
defined.
This bill would recast those provisions and instead define an
"organized camp" to include an "organized resident camp" and an
"organized day camp," as specified, that provides activities that
promote environmental awareness and education. This bill
would exclude from "organized camps" physical education-based
organizations, gymnastics studios, sports training organizations, and
theatre programs, among others. The bill would require the
included camps to issue a written notice of intent to
operate and to operate, develop a written
operating plan plan, and submit the
plan, or written verification that the camp is accredited by the
American Camp Association, to the local public health officer at
least 45 days prior to commencing operation of the camp. The bill
would also require those camps to comply with applicable safety and
supervision requirements relating to camp directors and counselors,
install a carbon monoxide detector in specified buildings, and store
firearms in a locked storage cabinet when not in use, as specified.
The bill would also require those camps to obtain a permit to
operate, or, for an organized day camp that does not have a fixed
location, to register with the local public health officer and
receive authorization to operate, from the local public health
officer, and to post the permit or authorization, as specified.
The bill would authorize the local public health officer to
inspect the camp and charge fees for camp oversight activities. The
bill would also authorize a person alleging health and sanitation
violations to file a complaint with the local public health officer,
and to require the local public health officer to investigate. The
bill would also require the State Department of Public Health, in
adopting or amending the rules and regulations pertaining to
organized camps, to make reasonable efforts to obtain the input and
advice of prescribed organizations.
Because this bill would impose additional duties upon local public
health officers in cities and counties, it 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18897 of the Health and Safety Code is amended
to read:
18897. (a) "Organized camp" means an organized resident camp or
an organized day camp that operates seasonally to provide group-based
recreation and expanded learning opportunities with social,
spiritual, educational, or recreational activities that promote
environmental awareness and education.
(1) A group that leases an organized camp for the purpose of
conducting a camp for children under 18 years of age shall comply
with this part.
(2) An "organized camp" does not include any of the following:
(A) A hotel, motel, tourist camp, trailer park, resort, hunting
camp, auto court, labor camp, penal or correctional camp, drug and
alcohol resident rehabilitation program, a facility licensed by the
state, or a facility subject to occupancy taxes, home-finding
agencies, or a licensed child day care facility as defined in Section
1596.750.
(B) A charitable or recreational organization that complies with
the rules and regulations for recreational trailer parks.
(C) Sites or programs that are used by adults or groups for
counseling, religious retreats, reunions, conferences, and special
events on an intermittent, short-term basis of less than four
consecutive overnight stays.
(D) Programs offered by museums, zoos, cities,
counties, or special districts, sports training
organizations, gymnastics studios, theater groups, or other physical
education-based organizations. districts.
(b) "Organized resident camp" means a site or sites with programs
and facilities established for the primary purposes of providing
group living experiences and that provides three or more consecutive
overnight stays during one or more seasons of the year, excluding
field trips as provided for under subparagraph (B) of paragraph (2)
of subdivision (c).
(c) (1) "Organized day camp" means a program that is established
for the primary purpose of providing group experiences for children
under 18 years of age during the day.
(2) An organized day camp may do all of the following:
(A) Transport campers to parks, beaches, campsites, and other
locations for activities.
(B) Provide for offsite field trips for no more than three
consecutive days. Any organized day camp that provides offsite field
trips for more than two consecutive nights shall be considered an
organized resident camp.
(3) An organized day camp shall have adequate staff to carry out
the program, including, but not limited to, a qualified program
director who has at least two seasons of administrative or
supervisory experience at an organized day camp or a youth program.
The program director shall be present at all times during the
operation of the organized day camp.
(d) "Camper" means any person in an organized camp on a fee or
nonfee basis who is a participant in the regular program and training
of an organized camp.
(e) Notwithstanding any other law, an organized camp program
conducted for children by the YMCA, Girl Scouts of the USA, Boy
Scouts of America, Boys and Girls Clubs, Camp Fire USA, or similar
organizations shall not be required to be licensed as a child day
care center.
SEC. 2. Section 18897.1 of the Health and Safety Code is repealed.
SEC. 3. Section 18897.1 is added to the Health and Safety Code, to
read:
18897.1. (a) An organized day camp or an organized resident camp
shall do all of the following:
(1) Issue a written notice of intent to operate and develop and
submit a written operating plan pursuant to Section 30704 of Title 17
of the California Code of Regulations, or written verification that
the camp is accredited by the American Camp Association (ACA), to the
local public health officer or his or her designee at least 45 days
prior to commencing operation of the camp. Year-round camps shall
submit their plans on an annual basis.
(2) For an organized day camp that does not have a fixed location,
register with the local public health officer as an organized camp
in the county in which its business office is located.
(3) Meet the applicable requirements of Section 30751 of Title 17
of the California Code of Regulations.
(4) Install a carbon monoxide detector in any building intended
for human occupancy that has a fossil fuel burning heater or
appliance, a fireplace, or an attached garage.
(5) Store all firearms, including rifles, pellet guns, air guns,
and bows and arrows, in a locked cabinet designated for this use when
those items are not in use for authorized camp activities. The
director, or a qualified designee of the director that meets the
requirements of subdivision (a) of Section 30751 of Title 17 of the
California Code of Regulations, of the organized camp shall maintain
possession of the key to this cabinet.
(6) Obtain a permit or authorization pursuant to paragraph (2) of
subdivision (b) and post a copy of the permit or authorization on the
premises of the organized day camp or organized resident camp and,
if applicable, on the Internet Web site of the organized day camp or
organized resident camp.
(b) (1) The local public health officer shall acknowledge receipt
of the operating plan or verification of accreditation described in
paragraph (1) of subdivision (a) within 30 business days of receiving
the operating plan or verification of accreditation.
(2) (A) The local public health officer shall issue to an
organized day camp or an organized resident camp a permit to operate
if both of the following conditions are met:
(i) The written operating plan required pursuant to paragraph (1)
of subdivision (a) includes appropriate health and sanitation
standards as described in Section 18897.2 or accreditation by the
American Camp Association (ACA) is verified.
(ii) The local public health officer or his or her designee has
conducted an initial inspection of the premises of the organized day
camp or organized resident camp to verify compliance with the
appropriate health and sanitation standards.
(B) The local public health officer shall issue to an organized
day camp required to register pursuant to paragraph (2) of
subdivision (a) authorization to operate upon registration of the
organized day camp if the organized day camp meets the requirements
of subparagraph (A).
(c) The local public health officer may inspect the organized day
camp or organized resident camp and charge a fee for that purpose,
not to exceed the reasonable cost of the inspection. The local public
health officer shall provide, within 30 days, a summary of any
violations of health and safety standards established in the rules
and regulations establishing minimum standards for organized camps.
(d) An organized day camp or organized resident camp that has been
cited for failing to meet legal requirements may appeal the citation
to the local health department. The local health department shall
issue a decision on that appeal within 30 business days and that
decision shall be final.
(e) The local public health officer, or his or her designee, may,
during the organized camp's hours of operation or at other reasonable
times, enter and inspect the premises of the organized camp, issue
citations, and secure any samples, photographs, or other evidence
from an organized camp or any facility suspected of being an
organized camp.
(f) A person alleging health and sanitation violations pursuant to
the regulations establishing minimum standards for organized camps
may file a complaint, either orally or in writing, with the local
public health officer. The local public health officer shall
investigate any complaint received.
(g) The local public health officer may charge a fee to recover
any necessary costs incurred in administering the provisions of this
part relating to organized camp oversight. The fee shall not exceed
the actual cost of organized camp oversight and related activities.
SEC. 4. Section 18897.4 of the Health and Safety Code is amended
to read:
18897.4. (a) For the purposes of this part,
every local health officer shall enforce within his or her
jurisdiction the building standards published in the State Building
Standards Code relating to organized resident camps and
the other rules and regulations adopted by the State Public Health
Officer pursuant to Section 18897.2. A local public health officer
may, for the purposes of complying with this section,
contract with subdivision, delegate responsibility to
the Office of the State Architect or any other public agency or
private organization for the review of design and performance of
inspection of construction of camp buildings and structures, as
specified in Section 30720 of Title 17 of the California Code of
Regulations.
(b) For organized day camps, a local public health officer shall
enforce within his or her jurisdiction the health and sanitation
requirements for a permit or authorization pursuant to Section
18897.1.
SEC. 5. Section 18897.8 is added to the Health and Safety Code,
immediately following Section 18897.7, to read:
18897.8. The State Department of Public Health, in adopting or
amending the rules and regulations pertaining to organized day camps
and organized resident camps under this part, shall make reasonable
efforts to obtain the input and advice of organizations in the field.
All costs incurred by the participating organizations shall be borne
by the organizations themselves. The department shall implement this
section in the most cost-effective manner deemed feasible.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
