Health and Safety Code — Part 45 | HSC — United States — California law | Esheria

Health and Safety Code

Part 45 of 87 · provisions 8,801–9,000

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 17911.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. )

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    This section says the part does not apply to buildings regulated by Part 2, Part 2.1, or Part 6, unless those parts specifically require it.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. ) ## 17911. The provisions of this part do not apply to any building regulated by Part 2 (commencing with Section 18000), Part 2.1 (commencing with Section 18200), or Part 6 (commencing with Section 19960) of this division, unless such parts specifically require such application. (Amended by Stats. 1971, Ch. 438.)
  2. 17912.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. )

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    Construction-related rules generally do not apply to existing buildings or projects already approved before the rules take effect, unless the Legislature acts; rules on use, maintenance, and change of occupancy do apply to listed housing and lodging uses.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. ) ## 17912. Rules and regulations promulgated pursuant to the provisions of this part and building standards published in the State Building Standards Code, relating to the erection or construction of buildings or structures, shall not apply to existing buildings or structures or to buildings or structures as to which construction is commenced or approved prior to the effective date of the rules, regulations, or building standards, except by act of the Legislature, but rules, regulations, and building standards relating to use, maintenance, and change of occupancy shall apply to all hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, approved for construction or constructed before or after the effective date of such rules, regulations, or building standards. (Amended by Stats. 1979, Ch. 1152.)
  3. 17913.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. )

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    The department must notify listed entities about certain code approval dates and model-code effective dates, may publish code-enforcement bulletins, and must distribute the subdivision (a) information while it may distribute the subdivision (b) information to specified entities.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. ) ## 17913. (a) The department shall notify the entities listed in subdivision (c) of the dates that each of the international or uniform codes published by the specific organizations described in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922 are approved by the California Building Standards Commission pursuant to Section 18930 and the effective date of the model codes as established by the California Building Standards Commission. (b) The department may publish information bulletins regarding code enforcement as emergencies occur or at any other time the department determines appropriate. (c) The department shall distribute the information described in subdivision (a), and may distribute the information described in subdivision (b), to the following entities: (1) The building department in each county and city. (2) Housing code officials, fire service officials, professional associations concerned with building standards, and any other persons or entities the department determines appropriate. (Amended by Stats. 2016, Ch. 714, Sec. 12. (SB 944) Effective January 1, 2017.)
  4. 17914.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. )

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    State agencies must consider the policy of keeping dwelling units able to reach and maintain a safe maximum indoor temperature when making relevant policies, programs, criteria, and, from January 1, 2027, regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 1. General Provisions [17910 - 17914] ( Chapter 1 added by Stats. 1961, Ch. 1844. ) ## 17914. (a) It is hereby declared to be the established policy of the state that all dwelling units, as defined in Section 1940 of the Civil Code, shall be able to attain and maintain a safe maximum indoor temperature. (b) All relevant state agencies, including but not limited to, the California Environmental Protection Agency, Department of Housing and Community Development, Office of Land Use and Climate Innovation, Public Utilities Commission, State Energy Resources Conservation and Development Commission, State Air Resources Board, State Department of Health Care Services, State Department of Public Health, and Strategic Growth Council shall consider the state policy identified in subdivision (a) for both of the following: (1) When revising, adopting, or establishing policies, programs, and criteria, including grant criteria, that are relevant to achieving this state policy. (2) Beginning January 1, 2027, when revising, adopting, or establishing regulations that are relevant to achieving this state policy. (c) This section does not expand any obligation of the state to provide a safe maximum indoor temperature or to require the expenditure of additional resources to develop infrastructure beyond the obligations that may exist pursuant to subdivision (b). (Added by Stats. 2025, Ch. 522, Sec. 2. (SB 655) Effective January 1, 2026.)
  5. 1792.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers must keep qualifying assets as a liquid reserve at all times, and the reserve cannot fall below the required amount. The department can require more reserve or immediate escrow in certain financial-risk situations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792. (a) A provider shall maintain at all times qualifying assets as a liquid reserve in an amount that equals or exceeds the sum of the following: (1) The amount the provider is required to hold as a debt service reserve under Section 1792.3. (2) The amount the provider must hold as an operating expense reserve under Section 1792.4. (b) The liquid reserve requirement described in this section is satisfied when a provider holds qualifying assets in the amount required. Except as may be required under subdivision (d), a provider is not required to set aside, deposit into an escrow, or otherwise restrict the assets it holds as its liquid reserve. (c) A provider shall not allow the amount it holds as its liquid reserve to fall below the amount required by this section. In the event the amount of a provider’s liquid reserve is insufficient, the provider shall prudently eliminate the deficiency by increasing its assets qualifying under Section 1792.2. (d) The department may increase the amount a provider is required to hold as its liquid reserve or require that a provider immediately place its liquid reserve into an escrow account meeting the requirements of Section 1781 if the department has reason to believe the provider is any of the following: (1) Insolvent. (2) In imminent danger of becoming insolvent. (3) In a financially unsound or unsafe condition. (4) In a condition such that it may otherwise be unable to fully perform its obligations pursuant to continuing care contracts. (e) For providers that have voluntarily and permanently discontinued entering into continuing care contracts, the department may allow a reduced liquid reserve amount if the department finds that the reduction is consistent with the financial protections imposed by this article. The reduced liquid reserve amount shall be based upon the percentage of residents at the continuing care retirement community who have continuing care contracts. (Amended by Stats. 2004, Ch. 129, Sec. 2. Effective January 1, 2005.)
  6. 1792.10.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers with Type A contracts must file an actuary’s opinion with the department on a recurring schedule, and the opinion must meet specified actuarial content and support requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.10. (a) Each provider that has entered into Type A contracts shall submit to the department, at least once every five years, an actuary’s opinion as to the provider’s actuarial financial condition. The actuary’s opinion shall be based on an actuarial study completed by the opining actuary in a manner that meets the requirements described in Section 1792.8. The actuary’s opinion, and supporting actuarial study, shall examine, refer to, and opine on the provider’s actuarial financial condition as of a specified date that is within four months of the date the opinion is provided to the department. (b) Each provider required to file an actuary’s opinion under subdivision (a) that held a certificate of authority on December 31, 2003, shall file its actuary’s opinion before the expiration of five years following the date it last filed an actuarial study or opinion with the department. Thereafter, the provider shall file its required actuary’s opinion before the expiration of five years following the date it last filed an actuary’s opinion with the department. (c) Each provider required to file an actuary’s opinion under subdivision (a) that did not hold a certificate of authority on December 31, 2003, shall file its first actuary’s opinion within 45 days following the due date for the provider’s annual report for the fiscal year in which the provider obtained its certificate of authority. Thereafter, the provider shall file its required actuary’s opinion before the expiration of five years following the date it last filed an actuary’s opinion with the department. (d) The actuary’s opinion required by subdivision (a) shall comply with generally accepted actuarial principles and the standards of practice adopted by the Actuarial Standards Board. The actuary’s opinion shall also include statements that the data and assumptions used in the underlying actuarial study are appropriate and that the methods employed in the actuarial study are consistent with sound actuarial principles and practices. The actuary’s opinion must state whether the provider has adequate resources to meet all its actuarial liabilities and related statement items, including an appropriate surplus, and whether the provider’s financial condition is actuarially sound. (Added by Stats. 2004, Ch. 129, Sec. 8. Effective January 1, 2005.)
  7. 1792.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers must back liquid reserve obligations with qualifying assets and follow notice, documentation, and reserve-handling rules for credit lines, restricted assets, and encumbrances.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.2. (a) A provider shall satisfy its liquid reserve obligation with qualifying assets. Qualifying assets are: (1) Cash. (2) Cash equivalents as defined in paragraph (4) of subdivision (c) of Section 1771. (3) Investment securities, as defined in paragraph (2) of subdivision (i) of Section 1771. (4) Equity securities, including mutual funds, as defined in paragraph (7) of subdivision (e) of Section 1771. (5) Lines of credit and letters of credit that meet the requirements of this paragraph. The line of credit or letter of credit shall be issued by a state or federally chartered financial institution approved by the department or whose long-term debt is rated in the top three long-term debt rating categories by either Moody’s Investors Service, Standard and Poor’s Corporation, or a recognized securities rating agency acceptable to the department. The line of credit or letter of credit shall obligate the financial institution to furnish credit to the provider. (A) The terms of the line of credit or letter of credit shall at a minimum provide both of the following: (i) The department’s approval shall be obtained by the provider and communicated in writing to the financial institution before any modification. (ii) The financial institution shall fund the line of credit or letter of credit and pay the proceeds to the provider no later than four business days following written instructions from the department that, in the sole judgment of the department, funding of the provider’s minimum liquid reserve is required. (B) The provider shall provide written notice to the department at least 14 days before the expiration of the line of credit or letter of credit if the term has not been extended or renewed by that time. The notice shall describe the qualifying assets the provider will use to satisfy the liquid reserve requirement when the line of credit or letter of credit expires. (C) A provider may satisfy all or a portion of its liquid reserve requirement with the available and unused portion of a qualifying line of credit or letter of credit. (6) For purposes of satisfying all or a portion of a provider’s debt service reserve requirement described in Section 1792.3, restricted assets that are segregated or held in a separate account or escrow as a debt service reserve under the terms of the provider’s long-term debt instruments are qualifying assets, subject to all of the following conditions: (A) The assets are restricted by the debt instrument so that they may be used only to pay principal, interest, and credit enhancement premiums. (B) The provider furnishes to the department a copy of the agreement under which the restricted assets are held and certifies that it is a correct and complete copy. The provider, escrow holder, or other entity holding the assets must agree to provide to the department any information the department may request concerning the debt service reserve it holds. (C) The market value, or guaranteed value, if applicable, of the restricted assets, up to the amount the provider must hold as a debt reserve under Section 1792.3, will be included as part of the provider’s liquid reserve. (D) The restricted assets described in this paragraph will not reduce or count towards the amount the provider must hold in its liquid reserve for operating expenses. (7) For purposes of satisfying all or a portion of a provider’s operating expense reserve requirement described in Section 1792.4, restricted assets that are segregated or held in a separate account or escrow as a reserve for operating expenses, are qualifying assets subject to all of the following conditions: (A) The governing instrument restricts the assets so that they may be used only to pay operating costs when operating funds are insufficient. (B) The provider furnishes to the department a copy of the agreement under which the assets are held, certified by the provider to be a correct and complete copy. The provider, escrow holder, or other entity holding the assets shall agree to provide to the department any information the department may request concerning the account. (C) The market value, or the guaranteed value, if applicable, of the restricted assets, up to the amount the provider is required to hold as an operating expense reserve under Section 1792.4, will be included as part of the provider’s liquid reserve. (D) The restricted assets described in this paragraph shall not reduce or count towards the amount the provider is required to hold in its liquid reserve for long-term debt. (b) Except as otherwise provided in this subdivision, the assets held by the provider as its liquid reserve may not be subject to any liens, charges, judgments, garnishments, or creditors’ claims and may not be hypothecated, pledged as collateral, or otherwise encumbered in any manner. A provider may encumber assets held in its liquid reserve as part of a general security pledge of assets or similar collateralization that is part of the provider’s long-term capital debt covenants and is included in the provider’s long-term debt indenture or similar instrument. (Repealed and added by Stats. 2000, Ch. 820, Sec. 57.25. Effective January 1, 2001.)
  8. 1792.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers must keep a liquid reserve for long-term debt obligations and may have to file a refinancing or repayment plan for balloon debt. The department may waive some or all of the reserve requirement in a limited trust-payment situation, but not unless the waiver fits the chapter’s financial protections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.3. (a) Each provider shall include in its liquid reserve a reserve for its long-term debt obligations in an amount equal to the sum of all of the following: (1) All regular principal and interest payments, as well as credit enhancement premiums, paid by the provider during the immediately preceding fiscal year on account of any fully amortizing long-term debt owed by the provider. If a provider has incurred new long-term debt during the immediately preceding fiscal year, the amount required by this paragraph for that debt is 12 times the provider’s most recent monthly payment on the debt. (2) Facility rental or leasehold payments, and any related payments such as lease insurance, paid by the provider during the immediately preceding fiscal year. (3) All payments paid by the provider during the immediately preceding fiscal year on account of any debt that provides for a balloon payment. If the balloon payment debt was incurred within the immediately preceding fiscal year, the amount required by this paragraph for that debt is 12 times the provider’s most recent monthly payment on the debt made during the fiscal year. (b) If any balloon payment debt matures within the next 24 months, the provider shall submit with its annual report a plan for refinancing the debt or repaying the debt with existing assets. (c) When principal and interest payments on long-term debt are paid to a trust whose beneficial interests are held by the residents, the department may waive all or any portion of the debt service reserve required by this section. The department shall not waive any debt service reserve requirement unless the department finds that the waiver is consistent with the financial protections imposed by this chapter. (Added by Stats. 2000, Ch. 820, Sec. 57.3. Effective January 1, 2001.)
  9. 1792.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers must keep a reserve for operating expenses in their liquid reserve at least equal to 75 days of net operating expenses, and certain providers must use a special calculation if they have operated less than 12 months.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.4. (a) Each provider shall include in its liquid reserve a reserve for its operating expenses in an amount that equals or exceeds 75 days’ net operating expenses. For purposes of this section: (1) Seventy-five days net operating expenses shall be calculated by dividing the provider’s operating expenses during the immediately preceding fiscal year by 365, and multiplying that quotient by 75. (2) “Net operating expenses” includes all expenses except the following: (A) The interest and credit enhancement expenses factored into the provider’s calculation of its long-term debt reserve obligation described in Section 1792.3. (B) Depreciation or amortization expenses. (C) An amount equal to the reimbursement paid to the provider during the past 12 months for services to residents other than residents holding continuing care contracts. (D) Extraordinary expenses that the department determines may be excluded by the provider. A provider shall apply in writing for a determination by the department and shall provide supporting documentation prepared in accordance with generally accepted accounting principles. (b) A provider that has been in operation for less than 12 months shall calculate its net operating expenses by using its actual expenses for the months it has operated and, for the remaining months, the projected net operating expense amounts it submitted to the department as part of its application for a certificate of authority. (Amended by Stats. 2004, Ch. 129, Sec. 4. Effective January 1, 2005.)
  10. 1792.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The provider must calculate its liquid reserve requirement from audited financial statements, file an approved form with the department when filing its annual report, and value qualifying assets at fair market value unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.5. (a) The provider shall compute its liquid reserve requirement as of the end of the provider’s most recent fiscal yearend based on its audited financial statements for that period and, at the time it files its annual report, shall file a form acceptable to the department certifying all of the following: (1) The amount the provider is required to hold as a liquid reserve, including the amounts required for the debt service reserve and the operating expense reserve. (2) The qualifying assets, and their respective values, the provider has designated for its debt service reserve and for its operating expense reserve. (3) The amount of any deficiency or surplus for the provider’s debt service reserve and the provider’s operating expense reserve. (b) For the purpose of calculating the amount held by the provider to satisfy its liquid reserve requirement, all qualifying assets used to satisfy the liquid reserve requirements shall be valued at their fair market value as of the end of the provider’s most recently completed fiscal year. Restricted assets that have guaranteed values and are designated as qualifying assets under paragraph (6) or (7) of subdivision (a) of Section 1792.2 may be valued at their guaranteed values. (Amended by Stats. 2004, Ch. 129, Sec. 5. Effective January 1, 2005.)
  11. 1792.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers with refundable contracts must keep a refund reserve in trust, update it annually, and submit the reserve calculation to the department.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.6. (a) Any provider offering a refundable contract, or other entity assuming responsibility for refundable contracts, shall maintain a refund reserve in trust for the residents. The amount of the refund reserve shall be revised annually by the provider and the provider shall submit its calculation of the refund reserve amount to the department in conjunction with the annual report required by Section 1790. This reserve shall accumulate interest and earnings and shall be invested in any of the following: (1) Qualifying assets as defined in Section 1792.2. (2) Real estate, subject to all of the following conditions: (A) To the extent approved by the department, the trust account may invest up to 70 percent of the refund reserves in real estate that is both used to provide care and housing for the holders of the refundable continuing care contracts and is located on the same campus where these continuing care contractholders reside. (B) Investments in real estate shall be limited to 50 percent of the providers’ net equity in the real estate. The net equity shall be the book value, assessed value, or current appraised value within 12 months prior to the end of the fiscal year, less any depreciation, and encumbrances, all according to audited financial statements acceptable to the department. (b) Each refund reserve trust shall be established at an institution qualified to be an escrow agent. The escrow agreement between the provider and the institution shall be in writing and include the terms and conditions described in this section. The escrow agreement shall be submitted to and approved by the department before it becomes effective. (c) The amount to be held in the reserve shall be the total of the amounts calculated with respect to each individual resident holding a refundable contract as follows: (1) Determine the age in years and the portion of the entry fee for the resident refundable for the seventh year of residency and thereafter. (2) Determine life expectancy of that individual based on all of the following rules: (A) The following life expectancy table shall be used in connection with all continuing care contracts: Age Females Males Age Females Males 55 26.323 23.635 83 7.952 6.269 56 25.526 22.863 84 7.438 5.854 57 24.740 22.101 85 6.956 5.475 58 23.964 21.350 86 6.494 5.124 59 23.199 20.609 87 6.054 4.806 60 22.446 19.880 88 5.613 4.513 61 21.703 19.163 89 5.200 4.236 62 20.972 18.457 90 4.838 3.957 63 20.253 17.764 91 4.501 3.670 64 19.545 17.083 92 4.175 3.388 65 18.849 16.414 93 3.862 3.129 66 18.165 15.759 94 3.579 2.903 67 17.493 15.116 95 3.329 2.705 68 16.832 14.486 96 3.109 2.533 69 16.182 13.869 97 2.914 2.384 70 15.553 13.268 98 2.741 2.254 71 14.965 12.676 99 2.584 2.137 72 14.367 12.073 100 2.433 2.026 73 13.761 11.445 101 2.289 1.919 74 13.189 10.830 102 2.152 1.818 75 12.607 10.243 103 2.022 1.723 76 12.011 9.673 104 1.899 1.637 77 11.394 9.139 105 1.784 1.563 78 10.779 8.641 106 1.679 1.510 79 10.184 8.159 107 1.588 1.500 80 9.620 7.672 108 1.522 1.500 81 9.060 7.188 109 1.500 1.500 82 8.501 6.719 110 1.500 1.500 (B) If there is a couple, the life expectancy for the person with the longer life expectancy shall be used. (C) The life expectancy table set forth in this paragraph shall be used until expressly provided to the contrary through the amendment of this section. (D) For residents over 110 years of age, 1.500 years shall be used in computing life expectancy. (E) If a continuing care retirement community has contracted with a resident under 55 years of age, the continuing care retirement community shall provide the department with the methodology used to determine that resident’s life expectancy. (3) For that resident, use an interest rate of 6 percent or lower to determine from compound interest tables the factor that, when multiplied by one dollar ($1), represents the amount, at the time the computation is made, that will grow at the assumed compound interest rate to one dollar ($1) at the end of the period of the life expectancy of the resident. (4) Multiply the refundable portion of the resident’s entry fee amount by the factor obtained in paragraph (3) to determine the amount of reserve required to be maintained. (5) The sum of these amounts with respect to each resident shall constitute the reserve for refundable contracts. (6) The reserve for refundable contracts shall be revised annually as provided for in subdivision (a), using the interest rate, refund obligation amount, and individual life expectancies current at that time. (d) Withdrawals may be made from the trust to pay refunds when due under the terms of the refundable entrance fee contracts and when the balance in the trust exceeds the required refund reserve amount determined in accordance with subdivision (c). (e) Deposits shall be made to the trust with respect to new residents when the entrance fee is received and in the amount determined with respect to that resident in accordance with subdivision (c). (f) Additional deposits shall be made to the trust fund within 30 days of any annual reporting date on which the trust fund balance falls below the required reserve in accordance with subdivision (c) and the deposits shall be in an amount sufficient to bring the trust balance into compliance with this section. (g) Providers who have used a method previously allowed by statute to satisfy their refund reserve requirement may continue to use that method. (Added by Stats. 2000, Ch. 820, Sec. 57.36. Effective January 1, 2001.)
  12. 1792.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Each provider must file an annual report with the department showing key financial indicators, and providers with Type A contracts must also file an actuary’s opinion.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.7. (a) The Legislature finds and declares all of the following: (1) In continuing care contracts, providers offer a wide variety of living accommodations and care programs for an indefinite or extended number of years in exchange for substantial payments by residents. (2) The annual reporting and reserve requirements for each continuing care provider should include a report that summarizes the provider’s recent and projected performance in a form useful to residents, prospective residents, and the department. (3) Certain providers enter into “life care contracts” or similar contracts with their residents. Periodic actuarial studies that examine the actuarial financial condition of these providers will help to assure their long-term financial soundness. (b) Each provider shall annually file with the department a report that shows certain key financial indicators for the provider’s past five years, based on the provider’s actual experience, and for the upcoming five years, based on the provider’s projections. Providers shall file their key indicator reports in the manner required by Section 1792.9 and in a form prescribed by the department. (c) Each provider that has entered into Type A contracts shall file with the department an actuary’s opinion as to the actuarial financial condition of the provider’s continuing care operations in the manner required by Section 1792.10. (Added by Stats. 2004, Ch. 129, Sec. 6. Effective January 1, 2005.)
  13. 1792.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    This section defines “actuarial study,” “actuary,” and “Type A contract” for this article.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.8. (a) For purposes of this article, “actuarial study” means an analysis that addresses the current actuarial financial condition of a provider that is performed by an actuary in accordance with accepted actuarial principles and the standards of practice adopted by the Actuarial Standards Board. An actuarial study shall include all of the following: (1) An actuarial report. (2) A statement of actuarial opinion. (3) An actuarial balance sheet. (4) A cohort pricing analysis. (5) A cashflow projection. (6) A description of the actuarial methodology, formulae, and assumptions. (b) “Actuary” means a member in good standing of the American Academy of Actuaries who is qualified to sign a statement of actuarial opinion. (c) “Type A contract” means a continuing care contract that has an up-front entrance fee and includes provision for housing, residential services, amenities, and unlimited specific health-related services with little or no substantial increases in monthly charges, except for normal operating costs and inflation adjustments. (Added by Stats. 2004, Ch. 129, Sec. 7. Effective January 1, 2005.)
  14. 1792.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers must file an annual Key Indicators Report with the department, and late filing triggers fees.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1792.9. (a) All providers shall file annually with the department a financial report disclosing key financial ratios and other key indicators in a form determined by the department. (b) The department shall issue a “Key Indicators Report” form to providers that shall be used to satisfy the requirements of subdivision (a). The Key Indicators Report shall require providers to disclose the following information: (1) Operational data indicating the provider’s average annual occupancy by facility. (2) Margin ratios indicating the provider’s net operating margin and net operating margin adjusted to reflect net proceeds from entrance fees. (3) Liquidity indicators stating both the provider’s total cash and investments available for operational expenses and the provider’s days cash on hand. (4) Capital structure indicators stating the provider’s dollar figures for deferred revenue from entrance fees, net annual entrance fee proceeds, unrestricted net assets, and annual capital expenditure. (5) Capital structure ratios indicating the provider’s annual debt service coverage, annual debt service coverage adjusted to reflect net proceeds from entrance fees, annual debt service over revenue percentage, and unrestricted cash over long-term debt percentage. (6) Capital structure indicators stating the provider’s average age of facility calculation based on accumulated depreciation and the provider’s average annual effective interest rate. (c) The department shall determine the appropriate formula for calculating each of the key indicators included in the Key Indicator Report. The department shall base each formula on generally accepted standards and practices related to the financial analysis of continuing care providers and entities engaged in similar enterprises. (d) Each provider shall file its annual Key Indicators Report within 30 days following the due date for the provider’s annual report. If the Key Indicators Report is not received by the department by the date it is due, the provider shall pay a one thousand dollar ($1,000) late fee at the time the report is submitted. The provider shall pay an additional late fee of thirty-three dollars ($33) for each day the report is late beyond 30 days. For purposes of this section, a provider’s Key Indicators Report is not submitted to the department until the provider has paid all accrued late fees. (Added by Stats. 2004, Ch. 129, second Sec. 7 (Sec. 7.5). Effective January 1, 2005.)
  15. 17920.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section defines several terms used in this part of the Housing and Safety Code, including “approved,” “building,” “department,” “enforcement,” and “substandard building.”

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920. For purposes of this part, the following definitions apply: (a) “Approved” means acceptable to the department. (b) “Building” means a structure subject to this part. (c) “Building standard” means building standard as defined in Section 18909. (d) “Department” means the Department of Housing and Community Development. (e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings. (f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services. (g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. (h) “Listed” means all products that appear in a list published by an approved testing or listing agency. (i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. (j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. (k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. (l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity. (m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. (n) “Substandard building” means a building, or portion thereof, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3. (o) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. (Amended by Stats. 2024, Ch. 487, Sec. 1. (SB 1465) Effective January 1, 2025.)
  16. 17920.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section defines when a building area is treated as violating the housing rules because of lead hazards, and sets how certain lead-related terms and standards are interpreted.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920.10. (a) Any building or portion thereof including any dwelling unit, guestroom, or suite of rooms, or portion thereof, or the premises on which it is located, is deemed to be in violation of this part as to any portion that contains lead hazards. For purposes of this part, “lead hazards” means deteriorated lead-based paint, lead-contaminated dust, lead-contaminated soil, or disturbing lead-based paint without containment, if one or more of these hazards are present in one or more locations in amounts that are equal to or exceed the amounts of lead established for these terms in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations or by this section and that are likely to endanger the health of the public or the occupants thereof as a result of their proximity to the public or the occupants thereof. (b) In the absence of new regulations adopted by the State Department of Health Services in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) further interpreting or clarifying the terms “deteriorated lead-based paint,” “lead-based paint,” “lead-contaminated dust,” “containment,” or “lead-contaminated soil,” regulations in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the State Department of Health Services pursuant to Sections 105250 and 124150 shall interpret or clarify these terms. If the State Department of Health Services adopts new regulations defining these terms, the new regulations shall supersede the prior regulations for the purposes of this part. (c) In the absence of new regulations adopted by the State Department of Health Services in accordance with the rulemaking provisions of the Administrative Procedure Act defining the term “disturbing lead-based paint without containment” or modifying the term “deteriorated lead-based paint,” for purposes of this part “disturbing lead-based paint without containment” and “deteriorated lead-based paint” shall be considered lead hazards as described in subdivision (a) only if the aggregate affected area is equal to or in excess of one of the following: (1) Two square feet in any one interior room or space. (2) Twenty square feet on exterior surfaces. (3) Ten percent of the surface area on the interior or exterior type of component with a small surface area. Examples include window sills, baseboards, and trim. (d) Notwithstanding subdivision (c), “disturbing lead-based paint without containment” and “deteriorated lead-based paint” shall be considered lead hazards, for purposes of this part, if it is determined that an area smaller than those specified in subdivision (c) is associated with a person with a blood lead level equal to or greater than 10 micrograms per deciliter. (e) If the State Department of Health Services adopts regulations defining or redefining the terms “deteriorated lead-based paint,” “lead-contaminated dust,” “lead-contaminated soil,” “disturbing lead-based paint without containment,” “containment,” or “lead-based paint,” the effective date of the new regulations shall be deferred for a minimum of three months after their approval by the Office of Administrative Law and the regulations shall take effect on the next July 1 or January 1 following that three-month period. Until the new definitions apply, the prior definition shall apply. (Added by Stats. 2002, Ch. 931, Sec. 1.5. Effective January 1, 2003.)
  17. 17920.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    A building is treated as substandard if it has listed hazardous conditions that endanger people or property.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920.3. Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (9) Room and space dimensions less than required by this code. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. (14) General dilapidation or improper maintenance. (15) Lack of connection to required sewage disposal system. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration. (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or the chief’s deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. (j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. (l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. “Substandard building” includes a building not in compliance with Section 13143.2. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. (Amended by Stats. 2024, Ch. 487, Sec. 2. (SB 1465) Effective January 1, 2025.)
  18. 17920.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section defines “local appeals board” for this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920.5. As used in this part “local appeals board” means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the building requirements of the city or county. In any area in which there is no such board or agency, “local appeals board” means the governing body of the city or county having jurisdiction over such area. (Added by Stats. 1961, Ch. 1844.)
  19. 17920.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section defines “housing appeals board” for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920.6. As used in this part, “housing appeals board” means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the requirements of the city or county relating to the use, maintenance, and change of occupancy of hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alteration, additions, repair, demolition, and moving of such buildings if also authorized to hear such appeals. In any area in which there is not such a board or agency, “housing appeals board” means the local appeals board having jurisdiction over such area. (Added by Stats. 1977, Ch. 847.)
  20. 17920.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The State Fire Marshal must adopt building standards for exit-identification devices near the floor in hotels, motels, and apartment houses, and certain permitted exit sign technologies are allowed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920.8. In addition to any other requirements for location of exit signs or devices in hotels, motels, or apartment houses, the State Fire Marshal shall adopt building standards establishing minimum requirements for the placement of distinctive devices, signs, or other means that identify exits and can be felt or seen near the floor. Exit sign technologies permitted by the model building code upon which the California Building Standards Code is based, shall be permitted. These building standards shall apply to all newly constructed occupancies subject to this section for which a building permit is issued, or construction is commenced, where no building permit is issued on or after January 1, 1989. (Amended by Stats. 1997, Ch. 871, Sec. 2. Effective January 1, 1998.)
  21. 17920.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must develop and enforce foam-building fire safety standards, manufacturers must have foam building systems listed and labeled by an approved testing agency, and no person may sell or use noncompliant foam building systems after the 180th day once the standards take effect.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17920.9. (a) The department shall propose adoption, amendment, or repeal by the California Building Standards Commission pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, of those regulations as are necessary for the provision of minimum fire safety and fire-resistant standards relating to the manufacture, composition, and use of foam building systems manufactured for use, or used, in construction of buildings subject to this part, mobilehomes subject to Part 2 (commencing with Section 18000), or factory-built housing subject to Part 6 (commencing with Section 19960), for the protection of the health and safety of persons occupying those buildings, mobilehomes, or factory-built housing. The department shall enforce building standards published in the California Building Standards Code relating to foam building systems, and other rules and regulations adopted by the department or by federal law. Each manufacturer of foam building systems shall have any foam building system manufactured for use in any building, factory-built housing, or mobilehome listed and labeled by an approved testing agency certifying that the system meets fire safety and fire-resistant building standards published in the California Building Standards Code. The department shall consult with all available public and private sources to assist in the development of the building standards and other rules and regulations. (b) The department shall make inspections of the manufacture of such foam building systems which it determines are necessary to insure compliance with the requirements of subdivision (a). (c) No person shall sell, offer for sale, or use in construction of buildings subject to this part, mobilehomes subject to Part 2 (commencing with Section 18000), or factory-built housing subject to Part 6 (commencing with Section 19960), in this state, any foam building system, and no person shall sell or offer for sale in this state any such building, mobilehome, or factory-built housing of which a foam building system is a component, which foam building system does not comply with, or has not been listed and labeled by an approved testing agency certifying that the foam building system is in compliance with, the requirements of subdivision (a) on and after the 180th day after the building standards or other rules or regulations become effective. This subdivision shall not apply to any buildings, mobilehomes, or factory-built housing constructed prior to the 180th day after those standards become effective. (d) No person shall sell, offer for sale, or use in construction of any building subject to this part, a mobilehome subject to Part 2 (commencing with Section 18000), or factory-built housing subject to Part 6 (commencing with Section 19960), in this state, any foam building system, and no person shall sell or offer for sale in this state any such building, mobilehome, or factory-built housing of which a foam building system is a component, if the manufacturer thereof refuses to permit the department to conduct the inspections required by subdivision (b) on and after the 180th day after the building standards or other rules or regulations become effective. (e) As used in this section: (1) “Foam” means a material made by mixing organic polymers with air or other gases in a manner that forms a solid substance with holes filled with air or gas when the mixture is allowed to set. (2) “Foam building system” means a system of building materials composed of, in whole or in part, of foam. It includes, but is not limited to, all combinations of systems such as those composed of foam inserted between and bonded to two boundary surface materials or those composed exclusively of foam. (3) “Building standard” means building standard as defined in Section 18909. (Amended by Stats. 1997, Ch. 645, Sec. 3. Effective January 1, 1998.)
  22. 17921.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must propose, adopt, amend, repeal, and enforce building standards and related rules for hotels, motels, lodging houses, apartment houses, dwellings, and accessory structures, with an exception in subdivision (b). The State Fire Marshal has similar rulemaking duties for fire and panic safety.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921. (a) Except as provided in subdivision (b), the department shall propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5, and the department shall adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public governing the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all hotels, motels, lodging houses, apartment houses, and dwellings, and buildings and structures accessory thereto. Except as otherwise provided in this part, the department shall enforce those building standards and those other rules and regulations. The other rules and regulations adopted by the department may include a schedule of fees to pay the cost of enforcement by the department under Sections 17952 and 17965. (b) The State Fire Marshal shall adopt, amend, or repeal and submit building standards for approval pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5, and the State Fire Marshal shall adopt, amend, and repeal other rules and regulations for fire and panic safety in all hotels, motels, lodging houses, apartment houses and dwellings, buildings, and structures accessory thereto. These building standards and regulations shall be enforced pursuant to Sections 13145 and 13146; however, this section is not intended to require an inspection by a local fire agency of each single-family dwelling prior to its occupancy. (Amended by Stats. 1997, Ch. 645, Sec. 4. Effective January 1, 1998.)
  23. 17921.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department cannot adopt or enforce hotplate rules for certain rooms unless all listed safety and equipment conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.1. Notwithstanding the provisions of Section 17921, and except as provided for herein, the department shall not adopt or enforce any rule or regulation relating to the installation, maintenance, or use of a hotplate in a room of any building occupied on or prior to the effective date of this act, if all of the following conditions exist: (a) The hotplate is used solely for the cooking or preparation of meals for consumption by not more than two occupants of the room. (b) The hotplate contains not more than two burners or heating elements, and has been approved by a testing agency acceptable to the department. (c) The installation, maintenance, or use of a hotplate will not be, or is not, hazardous to life or property. (d) The hotplate rests on its own legs, is set not closer than six inches from any wall or projection thereof, and rests on an impervious surface. (e) The walls behind and adjacent to the hotplate are lined or backflashed with incombustible material equivalent to one-fourth-inch asbestos millboard; the backflashing extends from 12 inches below to 24 inches above the base of the hotplate; and there is 36 inches of clear and unobstructed space above the surface of the hotplate. (f) The area of such room is not less than 120 square feet in superficial floor area. (g) The room contains an approved sink with hot and cold running water. (h) All plumbing in the room complies with the provisions of this part and building standards published in the State Building Standards Code. (i) An approved storage cabinet is installed in the room wherein all food, dishes, and cooking and eating utensils are stored when not in use. (j) The bed, and any drapes, curtains, towels, or other readily combustible materials, in the room are located so that they do not come in contact with the hotplate. (k) The room complies with the provisions of this part and building standards published in the State Building Standards Code pertaining to window area, ventilation, ceiling height, and cubic airspace. (l) An approved method of heating is installed in or for the room and the hotplate is not used for the purpose of heating the room or installed within an unventilated area. (m) Toilet and bath facilities are installed and maintained in the building as required by this part and building standards published in the State Building Standards Code. In the event of any structural addition or any alteration or reconstruction involving the floor area of any room the provisions of Section 17921 shall apply. Any city or county may enact an ordinance to prohibit the installation, maintenance, or use of a hotplate in any room. “Approved,” when used in connection with any material, type of construction, or appliance in this section, means meeting the approval of the enforcement agency as the result of investigation and tests conducted by the agency or by reason of accepted principles or tests by national authorities, technical, health, or scientific organizations or agencies. (Amended by Stats. 1979, Ch. 1152.)
  24. 17921.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department may propose water-use standards that include voluntary best practices and mandatory requirements, but they must not unreasonably or unnecessarily interfere with Californians’ ability to buy or rent affordable housing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.10. (a) The standards proposed by the department pursuant to Section 17921 may include voluntary best practice and mandatory requirements related to environmentally preferable water using devices and measures. The standards shall not unreasonably or unnecessarily impact the ability of Californians to purchase or rent affordable housing, as determined by taking account of the overall benefit derived from the standards. (b) Nothing in this section shall in any way reduce the authority of the State Energy Resources Conservation and Development Commission to adopt standards and regulations or take other actions pursuant to Division 15 (commencing with Section 25000) of the Public Resources Code. (Added by Stats. 2007, Ch. 532, Sec. 1. Effective January 1, 2008.)
  25. 17921.11.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must start researching, developing, and proposing building standards in the next triennial code cycle to reduce potable water use in new residential buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.11. (a) For purposes of this section, “water reuse system” includes both of the following: (1) A system approved for installation under the California Building Standards Code that uses recycled water, graywater, rainwater, or other nonpotable water sources for nonpotable indoor or outdoor building use, including landscaping, toilet and urinal flushing, floor trap priming, or cooling towers. (2) A system approved for installation under the California Building Standards Code that captures graywater, rainwater, building foundation water drainage, or other onsite alternative water sources for nonpotable reuse onsite or as part of a multibuilding, district, or campuswide treatment system. (b) The department shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations), research, develop, and propose building standards, including voluntary Tier 1 or Tier 2 standards of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), to reduce potable water use in new residential buildings, including consideration of requiring installation of water reuse systems and consideration of requiring preplumbing of buildings to allow future use of recycled water, onsite treated graywater, or other alternative water sources. In developing these standards, the department shall consider potential impacts on affordable housing, may limit requirements to hotel and motel, multifamily, and market-rate housing, and may limit or exempt the application of standards based on building size, development size, availability or planned availability of recycled water, or as otherwise determined appropriate. (Added by Stats. 2023, Ch. 884, Sec. 3. (SB 745) Effective January 1, 2024.)
  26. 17921.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Nonwater-supplied urinals approved for installation or sold in this state must meet specified standard, certification, plumbing, flow, maintenance, and rough-in requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.4. (a) A nonwater-supplied urinal approved for installation or sold in this state shall satisfy all of the following requirements: (1) Meet performance, testing, and labeling requirements established by the American Society of Mechanical Engineers standard A112.19.19-2006. (2) Be listed by an American National Standards Institute accredited third-party certification agency to the American Society of Mechanical Engineers standard A112.19.19-2006. (3) Provide a trap seal that complies with the California Plumbing Code. (4) Permit the uninhibited flow of waste through the urinal to the sanitary drainage system. (5) Be cleaned and maintained in accordance with the manufacturer’s instructions after installation. (6) Be installed with a water supply rough-in to the urinal location that would allow a subsequent replacement of the nonwater-supplied urinal with a water-supplied urinal if desired by the owner or if required by the enforcement agency. (b) As used in this section, the following terms have the following meanings: (1) “Building” means any structure subject to this part, and any structure subject to the California Building Standards Law as set forth in Part 2.5 (commencing with Section 18901). (2) “Water supply rough-in” means the installation of water distribution and fixture supply piping sized to accommodate a water-supplied urinal to an in-wall point immediately adjacent to the urinal location. (c) Nothing in this section shall restrict the authority of the California Building Standards Commission to require any additional conditions on the installation and use of nonwater-supplied urinals. (Added by Stats. 2007, Ch. 499, Sec. 3. Effective January 1, 2008.)
  27. 17921.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must research and develop mandatory building standards for recycled water systems in new residential buildings, consult specified stakeholders, and submit proposed standards to the California Building Standards Commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.5. (a) For purposes of this section, “recycled water” has the same meaning as that term is defined in subdivision (n) of Section 13050 of the Water Code, and is consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. (b) (1) The department shall conduct research to assist in the development of mandatory building standards for the installation of recycled water systems for newly constructed single-family and multifamily residential buildings. In conducting this research, the department shall actively consult with the State Water Resources Control Board, the State Department of Public Health, and other interested parties, including, but not limited to, public water systems, recycled water producers, product manufacturers, local building officials, apartment and other rental property owners, California-licensed contractors, and the building industry. (2) In researching, developing, and proposing mandatory building standards under this section, the department is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation pursuant to Section 18931.7. (3) Research conducted to propose building standards pursuant to this section shall include, but is not limited to, the following: (A) Potential outdoor applications for recycled water, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. (B) Potential indoor applications for recycled water, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. With respect to indoor applications, the department shall consider whether to adopt or recommend measures in addition to the current standards adopted in the California Plumbing Code in Title 24 of the California Code of Regulations to ensure the safe installation of indoor recycled water piping or systems, including, but not limited to, requiring purple pipe or special markings on recycled water piping that states clearly whether it is approved for indoor use, or recommending restrictions on who may purchase or install recycled water piping for indoor use. (C) The cost of various recycled water systems. (D) The estimated quantity of water savings under varying levels of application of recycled water in residential buildings and building site landscaped areas. (4) The department may research standards for different types of water recycling systems, including noncentralized systems, but shall only mandate systems to the extent that they meet all of the health and safety standards specified in this section. (c) (1) The department shall submit for adoption mandatory building standards for the installation of recycled water systems for newly constructed single-family residential and multifamily residential buildings. The department shall submit the proposed mandatory building standards to the California Building Standards Commission for consideration during the 2016 Intervening Code Adoption Cycle, and may propose the amendment or repeal of these mandatory standards as necessary in future code adoption cycles, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. (2) When developing the application provisions for the mandatory building standards, the department shall limit the mandate to install recycled water systems within residential buildings and building site landscaped areas to only those areas within a local jurisdiction that have feasible and cost-efficient access to a water recycling facility, or that have been identified by the local jurisdiction within a planned service area for the provision of recycled water for which a specific implementation timeline has been identified by the public water system in its most recent urban water management plan. (3) The mandate to install recycled water piping shall not apply to service areas in which the only recycled water use is for potable purposes, or in which net nonpotable deliveries are anticipated to remain level or decrease as a result of the potable reuse project. (4) The department shall develop the application provisions for the mandatory building standards required under paragraph (1), in consultation with the State Water Resources Control Board, public water systems, recycled water producers, and water research associations. (5) A city, county, or city and county, in consultation with the public water system and recycled water producer, may further reduce the area for which the mandate to install recycled water piping applies, if the local public water system or recycled water producer finds that providing recycled water to an area is not feasible or cost effective. (Added by Stats. 2014, Ch. 606, Sec. 1. (AB 2282) Effective January 1, 2015.)
  28. 17921.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must prepare and adopt minimum standards for the use and application of cellular concrete, unless Sections 18930 and 18949.5 apply.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.6. Except as provided in Sections 18930 and 18949.5, the department shall prepare and adopt minimum standards regulating the use and application of cellular concrete as it determines are reasonably necessary for the protection of life and property. (Added by renumbering Section 17921.5 by Stats. 2007, Ch. 499, Sec. 4. Effective January 1, 2008.)
  29. 17921.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section bars sales or offers for sale of noncompliant ABS DWV pipe resin, requires certifications and shipping documents for resin sold to manufacturers, and requires 10 years of onsite recordkeeping for certified information.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.7. (a) (1) The Legislature finds and declares all of the following: (A) Acrylonitrile-butadiene-styrene (“ABS”) drain, waste, and vent plumbing pipe is used to drain or vent wastewater from kitchens, bathrooms, washers, and plumbing fixtures found in the home. ABS pipe is commonly used in residential construction, and ABS pipe has been installed in the foundations and walls of thousands of single-family homes, apartments, condominiums, and other residences throughout California. (B) The American Society for Testing and Materials (ASTM) has established specifications for the manufacture of ABS pipe, including a requirement that ABS pipe be made from virgin plastic resin. These specifications have been incorporated into the Uniform Plumbing Code (UPC), which is applicable to all occupancies throughout the state pursuant to subdivision (b) of Section 18938, a provision of the California Building Standards Law (Part 2.5 (commencing with Section 18901)). (C) ABS pipe that does not meet ASTM requirements might, within a period of a decade or less, crack and leak wastewater and sewage, resulting in structural damage, vermin infestation, and severe health hazards for residents or occupants of buildings in which defectively manufactured ABS pipe has failed. One apparent cause of these mechanical failures of ABS pipe has been the use of nonvirgin, reprocessed plastic resin for the manufacture of ABS pipe. (D) The continued use of this nonvirgin, reprocessed plastic resin by some ABS pipe manufacturers violates the requirements of the UPC and is also in violation of the building standards established in accordance with the California Building Standards Law. The problem of the property damage inflicted on the public continues to worsen. (E) Thousands of California residents either already have, or eventually will, experience serious damage to their homes, apartments, and condominiums, as well as threats to their health and safety, because of the substandard ABS pipe that has been installed, in violation of building standards, in structures throughout the state. (F) There are currently no statutes or regulations that apply to the sale of defective plastic resin to ABS pipe manufacturers. (2) It is, therefore, the intent of the Legislature that both of the following occur: (A) That a provision that addresses the important issues set forth in paragraph (1) be added to the State Housing Law. (B) That the Department of Housing and Community Development expeditiously implement the provisions of Chapter 413 of the Statutes of 1993 that relate to this section. (b) On and after the effective date of the act that adds this section, no person shall sell or offer for sale a plastic resin for use in the manufacture of ABS DWV pipe that does not meet the requirements of the listing pursuant to authority granted by subdivision (e). (c) (1) Any and all plastic resin sold to an ABS DWV pipe manufacturer for use in ABS DWV pipe shall contain a certification that the plastic resin conforms to the requirements specified in the listing pursuant to subdivision (e). (2) Any and all plastic resin sold to an ABS pipe manufacturer shall be accompanied by a document indicating the name and address of the manufacturer of that plastic resin, the date that the plastic resin was purchased by the seller, and specifications of the chemical and physical properties of the plastic resin. For a period of at least 10 years from the date of the sale of this plastic resin, the information required to be certified by this subdivision shall be kept onsite at the ABS pipe manufacturing plant, and available for inspection by the enforcement agency, at all times. (d) No ABS DWV pipe that contains plastic resin that does not meet the requirements of the listing pursuant to subdivision (e) may be sold or offered for sale, or installed in any structure that is subject to this part. (e) The listing agencies, as approved by the department, shall publish in each listing agreement with ABS DWV pipe manufacturers a list of ABS resins and resin compounds used by that manufacturer and approved for use by the listing agency. The approval of ABS resins and resin compounds shall be based on nationally recognized standards. The listing agencies shall consult with the affected parties. (Amended by Stats. 1997, Ch. 580, Sec. 4. Effective January 1, 1998.)
  30. 17921.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must review building standards, research rainwater catchment systems for new residential dwellings, develop recommendations, consult specified stakeholders, and submit a report by January 1, 2027. It may also propose related standards and use certain funds if appropriated.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.8. (a) (1) The department shall review current building standards, conduct research, and develop recommendations regarding building standards for the installation of rainwater catchment systems for nonpotable uses in newly constructed residential dwellings and may propose related building standards to the California Building Standards Commission for consideration during the next regularly scheduled triennial code adoption cycle that commences on or after January 1, 2027. In conducting the research, the department shall actively consult with the State Water Resources Control Board, the Department of Water Resources, the State Department of Public Health, local water agencies and districts, and other interested parties, including, but not limited to, public water system representatives, product manufacturers, local building officials, California-licensed contractors, the building industry, and interested members of the public. (2) In researching, developing, and proposing voluntary or mandatory building standards under this section, the department may expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation pursuant to Section 18931.7. (3) Research conducted to propose building standards under this section shall include, but not be limited to, all of the following: (A) The costs, benefits, and feasibility of including some or all of the provisions of the California Plumbing Code regulating nonpotable rainwater catchment systems on a statewide basis. (B) Rainwater catchment system mandates in other states or local jurisdictions. (C) The cost and feasibility of installation and the overall benefit to be gained. (b) (1) On or before January 1, 2027, the department shall provide a report to the Assembly Committee on Housing and Community Development and the Senate Housing Committee regarding the outcomes of its research and the recommendations developed pursuant to subdivision (a). (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (3) The reporting requirement pursuant to this subdivision is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2024, Ch. 861, Sec. 1. (SB 597) Effective January 1, 2025.)
  31. 17921.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The Department of Housing and Community Development must convene a working group by December 31, 2024, then report its findings by December 31, 2025, and may need to pursue building-standard amendments if the report recommends them.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17921.9. (a) No later than December 31, 2024, the Department of Housing and Community Development shall convene a working group, including, but not limited to, the California Building Standards Commission, Energy Commission, State Fire Marshal, Public Utilities Commission, local government representatives, and stakeholders, to identify challenges to, and opportunities that help support, the creation and promotion of adaptive reuse residential projects statewide while not reducing minimum health and safety standards, including identifying and recommending amendments to state building standards. Each entity shall provide input relative to its area of expertise and oversight. (b) The working group may consider the following issues: (1) Energy and insulation upgrades. (2) Fire-rated assemblies. (3) Water and sewer piping. (4) Energy infrastructure, including individual utility meter upgrades. (5) Habitability. (6) Any other local or state building requirement that may render the conversion or reuse of an existing building financially infeasible for residential uses. (c) No later than December 31, 2025, the Department of Housing and Community Development shall provide a one-time report of its findings to the Legislature in the annual report required by Section 50408. (d) If the working group identifies and recommends amendments to building standards in the report described in subdivision (c), the Department of Housing and Community Development and other state agencies within the working group with authority to propose adoption of building standards shall research, develop, and consider proposing for adoption by the California Building Standards Commission adaptive reuse building standards within each agency’s respective authority for the next triennial update of the California Building Standards Code that occurs on or after January 1, 2026, and, if available, the next intervening code adoption cycle that commences on or after January 1, 2025. (e) For purposes of this section, “adaptive reuse” shall have the same meaning as in Section 53559.1. (Added by Stats. 2023, Ch. 743, Sec. 2. (AB 529) Effective January 1, 2024.)
  32. 17922.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section sets rules for building standards and related regulations, including when the department must consider local conditions and when local agencies or ordinances cannot block certain building practices.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922. (a) Except as otherwise specifically provided by law, the building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, and the other rules and regulations that are contained in Title 24 of the California Code of Regulations, as adopted, amended, or repealed from time to time pursuant to this chapter shall be adopted by reference, except that the building standards and rules and regulations shall include any additions or deletions made by the department. The building standards and rules and regulations shall impose substantially the same requirements as are contained in the most recent editions of the following international or uniform industry codes as adopted by the organizations specified: (1) The Uniform Housing Code of the International Conference of Building Officials, except its definition of “substandard building.” (2) The International Building Code of the International Code Council. (3) The International Residential Code of the International Code Council. (4) The Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (5) The Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials. (6) The National Electrical Code of the National Fire Protection Association. (7) The International Existing Building Code of the International Code Council. (b) In adopting building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 for publication in the California Building Standards Code and in adopting other regulations, the department shall consider local conditions and any amendments to the international or uniform codes referred to in this section. Except as provided in Part 2.5 (commencing with Section 18901), in the absence of adoption by regulation, the most recent editions of the international or uniform codes referred to in this section shall be considered to be adopted one year after the date of publication of the applicable international or uniform codes. (c) Except as provided in Section 17959.5, local use zone requirements, local fire zones, building setback, side and rear yard requirements, and property line requirements are hereby specifically and entirely reserved to the local jurisdictions notwithstanding any requirements found or set forth in this part. (d) Regulations other than building standards which are adopted, amended, or repealed by the department, and building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, governing alteration and repair of existing buildings and moving of apartment houses and dwellings shall permit the replacement, retention, and extension of original materials and the continued use of original methods of construction as long as the hotel, lodginghouse, motel, apartment house, or dwelling, or portions thereof, or building and structure accessory thereto, complies with the provisions published in the California Building Standards Code and the other rules and regulations of the department or alternative local standards adopted pursuant to subdivision (b) of Section 13143.2 or Section 17958.5 and does not become or continue to be a substandard building. Building additions or alterations which increase the area, volume, or size of an existing building, and foundations for apartment houses and dwellings moved, shall comply with the requirements for new buildings or structures specified in this part, or in building standards published in the California Building Standards Code, or in the other rules and regulations adopted pursuant to this part. However, the additions and alterations shall not cause the building to exceed area or height limitations applicable to new construction. (e) Regulations other than building standards which are adopted by the department and building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 governing alteration and repair of existing buildings shall permit the use of alternate materials, appliances, installations, devices, arrangements, or methods of construction if the material, appliance, installation, device, arrangement, or method is, for the purpose intended, at least the equivalent of that prescribed in this part, the building standards published in the California Building Standards Code, and the rules and regulations promulgated pursuant to the provisions of this part in performance, safety, and for the protection of life and health. Regulations governing abatement of substandard buildings shall permit those conditions prescribed by Section 17920.3 which do not endanger the life, limb, health, property, safety, or welfare of the public or the occupant thereof. (f) A local enforcement agency may not prohibit the use of materials, appliances, installations, devices, arrangements, or methods of construction specifically permitted by the department to be used in the alteration or repair of existing buildings, but those materials, appliances, installations, devices, arrangements, or methods of construction may be specifically prohibited by local ordinance as provided pursuant to Section 17958.5. (g) A local ordinance may not permit any action or proceeding to abate violations of regulations governing maintenance of existing buildings, unless the building is a substandard building or the violation is a misdemeanor. (Amended by Stats. 2016, Ch. 714, Sec. 15. (SB 944) Effective January 1, 2017.)
  33. 17922.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Local agencies may change certain building code requirements for temporary housing tied to a filed mining claim, if specified findings are made.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.1. Notwithstanding Section 17922, local agencies may modify or change the requirements published in the State Building Standards Code or contained in other regulations adopted by the department pursuant to Section 17922 if they make a finding that temporary housing is required for use in conjunction with a filed mining claim on federally owned property located within the local jurisdiction and that the modification or change would be in the public interest and consistent with the intent of the so-called Federal Mining Act of 1872 (see 30 U.S.C., Sec. 22, et seq.), relating to the development of mining resources of the United States. (Amended by Stats. 1983, Ch. 101, Sec. 128.)
  34. 17922.12.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    This section defines “graywater” and requires the department to adopt and submit graywater building standards at the next triennial rulemaking cycle on or after January 1, 2009.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.12. (a) For the purposes of this section, “graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. (b) Notwithstanding Chapter 22 (commencing with Section 14875) of Division 7 of the Water Code, at the next triennial building standards rulemaking cycle that commences on or after January 1, 2009, the department shall adopt and submit for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses. (c) In adopting building standards under this section, the department shall do all of the following: (1) Convene and consult a stakeholder’s group that includes members with expertise in public health, water quality, geology or soils, residential plumbing, home building, and environmental stewardship. (2) Ensure protection of water quality in accordance with applicable provisions of state and federal water quality law. (3) Consider existing research available on the environmental consequences to soil and groundwater of short-term and long-term graywater use for irrigation purposes, including, but not limited to, research sponsored by the Water Environment Research Foundation. (4) Consider graywater use impacts on human health. (5) Consider the circumstances under which the use of in-home graywater treatment systems is recommended. (6) Consider the use and regulation of graywater in other jurisdictions within the United States and in other nations. (d) The department may revise and update the standards adopted under this section at any time, and the department shall reconsider these standards at the next triennial rulemaking that commences after their adoption. (e) The approval by the California Building Standards Commission of the standards for graywater systems adopted under this section shall terminate the authority of the Department of Water Resources to adopt and update standards for the installation, construction, and alteration of graywater systems in residential buildings pursuant to Chapter 22 (commencing with Section 14875) of Division 7 of the Water Code. (Added by Stats. 2008, Ch. 172, Sec. 1. Effective January 1, 2009.)
  35. 17922.14.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must develop and propose building standards for water meters or submeters in certain newly constructed residential and mixed-use buildings, and the standards must include exemptions for specified cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.14. (a) (1) During the next regularly scheduled triennial code cycle that commences on or after January 1, 2018, or during a subsequent code adoption cycle, the department shall develop and propose for adoption by the California Building Standards Commission, pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, building standards requiring the installation of water meters or submeters in newly constructed multiunit residential structures or mixed-use residential and commercial structures, as those terms are defined in Section 517 of the Water Code. These standards shall conform to Article 5 (commencing with Section 537) of Chapter 8 of Division 1 of the Water Code. (b) The proposed standards shall require the installation of water meters or submeters in newly constructed multiunit residential structures and mixed-use residential and commercial structures only for residential dwelling units within those structures, but shall not require installation in units within those structures that are used only for commercial purposes. (c) (1) The department shall determine whether and under what circumstances the installation of water meters or submeters is infeasible and include in the building standards proposed in subdivision (a) the appropriate provision for exemption from this requirement. The department may consider whether there are any issues specific to high-rise structures that would require an exemption from the requirement for the installation of water meters or submeters. (2) The following categories of structures shall be exempt from the building standards established pursuant to subdivision (a): (A) Long-term health care facilities, as defined in Section 1418. (B) Low-income housing. For the purposes of this subparagraph, “low-income housing” means a residential building that is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or federal, state, or local loans or grants, for which rents charged to lower income households do not exceed rents prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance, and for which not less than 90 percent of the dwelling units within the building are designated for occupancy by lower income households. As used in this subparagraph, “lower income households” has the same meaning as defined in Section 50079.5. (C) Residential care facilities for the elderly, as defined in subdivision (k) of Section 1569.2. (D) Housing at a place of education, as defined in Section 202 of the California Building Standards Code (Title 24 of the California Code of Regulations). (E) Time-share property, as defined in subdivision (aa) of Section 11212 of the Business and Professions Code. (d) Moneys in the Building Standards Administration Special Revolving Fund established pursuant to Section 18931.7 shall be available, upon appropriation by the Legislature, for the department’s administrative costs associated with the development of building standards in accordance with this section. (Added by Stats. 2016, Ch. 623, Sec. 3. (SB 7) Effective January 1, 2017.)
  36. 17922.15.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The Department of Housing and Community Development must study possible California Residential Code changes promoting aging-in-place design at the next triennial rulemaking cycle starting on or after January 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.15. (a) At the next triennial building standards rulemaking cycle that commences on or after January 1, 2020, the Department of Housing and Community Development shall investigate possible changes to the building standards in the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) that promote aging-in-place design and are limited to all of the following: (1) The location of doorbells, light switches, and heating, ventilation, and air-conditioning (HVAC) controls that are reachable by those with mobility impairments. (2) The installation of support backing for the later installation of grab bars in one or more bathrooms. (3) The provision of a 32-inch clearance in the width opening for one bathroom door and one bedroom door on the ground floor, or, in the case of a two- or three-story single-family dwelling, on the second or third floor of the dwelling if a bathroom or bedroom is not located on the ground floor. (b) If the department determines that one or more of the changes described in subdivision (a) can be incorporated into the California Residential Code without significantly increasing the cost of construction, the department may propose building standards to that effect for consideration by the California Building Standards Commission. The department shall include in any proposed building standard, regarding the 32-inch clearance width for a bathroom and bedroom door described in paragraph (3) of subdivision (a), a finding whether a delay of 18 months in the effective date of that proposed building standard is warranted to provide adequate time for industry to incorporate this change into standard designs. (Added by Stats. 2019, Ch. 640, Sec. 2. (SB 280) Effective January 1, 2020.)
  37. 17922.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Older local ordinances and programs for strengthening potentially hazardous buildings must adopt the listed building standards, with limited local-condition exceptions, and be updated promptly as the model code changes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.2. (a) Notwithstanding any other provisions of this part, ordinances and programs adopted on or before January 1, 1993, that contain standards to strengthen potentially hazardous buildings pursuant to subdivision (b) of Section 8875.2 of the Government Code, shall incorporate the building standards in Appendix Chapter 1 of the Uniform Code for Building Conservation of the International Conference of Building Officials published in the California Building Standards Code, except for standards found by local ordinance to be inapplicable based on local conditions, as defined in subdivision (b), or based on an approved study pursuant to subdivision (c), or both. Ordinances and programs shall be updated in a timely manner to reflect changes in the model code, and more frequently if deemed necessary by local jurisdictions. (b) For the purpose of subdivision (a), and notwithstanding the meaning of “local conditions” as used elsewhere in this part and in Part 2.5 (commencing with Section 18901), the term “local conditions” shall be limited to those conditions that affect the implementation of seismic strengthening standards on the following only: (1) The preservation of qualified historic structures as governed by the State Historical Building Code (Part 2.7 (commencing with Section 18950)). (2) Historic preservation programs, including, but not limited to, the California Mainstreet Program. (3) The preservation of affordable housing. (c) Any ordinance or program adopted on or before January 1, 1993, may include exceptions for local conditions not defined in subdivision (b) if the jurisdiction has approved a study on or before January 1, 1993, describing the effects of the exceptions. The study shall include socioeconomic impacts, a seismic hazards assessment, seismic retrofit cost comparisons, and earthquake damage estimates for a major earthquake, including the differences in costs, deaths, and injuries between full compliance with Appendix Chapter 1 of the Uniform Code for Building Conservation or the Uniform Building Code and the ordinance or program. No study shall be required pursuant to this subdivision if the exceptions for local conditions not defined in subdivision (b) result in standards or requirements that are more stringent than those in Appendix Chapter 1 of the Uniform Code for Building Conservation. (d) Ordinances and programs adopted pursuant to this section shall conclusively be presumed to comply with the requirements of Chapter 173 of the Statutes of 1991. (Added by renumbering Section 17922.1 (as amended by Stats. 1993, Ch. 1294) by Stats. 1994, Ch. 1219, Sec. 1. Effective January 1, 1995.)
  38. 17922.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    A residential structure moved into or within the jurisdiction is not treated as a new building or structure for this part, and instead is treated as subject to Section 17958.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.3. Notwithstanding any other provision of law, a residential structure that is moved into, or within, the jurisdiction of a local agency or the department, shall not be treated as a new building or structure, but rather shall be treated, for the purposes of this part, as subject to Section 17958.9. (Amended by Stats. 2016, Ch. 714, Sec. 16. (SB 944) Effective January 1, 2017.)
  39. 17922.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Local agencies cannot require fire sprinklers for temporary sleeping cabins on sites with 50 or fewer cabins, but cabins without sprinklers must meet listed alternative fire and life safety standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.4. (a) For purposes of this section, “temporary sleeping cabin” means a nonpermanent structure that is intended to provide temporary housing to people experiencing homelessness or at risk of homelessness, has a total floor area of less than 250 square feet, and does not include plumbing. (b) Notwithstanding any law, a local agency shall not impose or enforce any requirement to provide fire sprinklers for a temporary sleeping cabin that is on a site with 50 or fewer temporary sleeping cabins. (c) A temporary sleeping cabin that does not provide fire sprinklers shall comply with alternative fire and life safety standards that include, at a minimum, all of the following requirements: (1) One smoke alarm and carbon monoxide alarm shall be provided in each unit, which shall be installed in accordance with the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations). (2) One fire extinguisher shall be provided in each unit. (3) Ingress and egress shall facilitate rapid exit of the temporary sleeping cabin. (4) Emergency evacuation signage and emergency egress lighting shall be provided. (5) Every egress shall be free from storage and other obstructions. (6) A prohibition on the use of open flames and combustibles. (7) A prohibition on smoking at the site. (8) Twenty-four-hour active fire watch shall be provided at the site. (9) Temporary sleeping cabins shall be separated to the side and rear by at least six feet, and be made of noncombustible material. (10) A temporary sleeping cabin shall meet the design and construction requirements for emergency sleeping cabins prescribed in California Building Code Appendix P or California Residential Code Appendix AZ or their successors, except a requirement to be equipped with fire sprinklers. (11) Fire code inspections shall occur in regular intervals, as determined by the local agency. (d) Violations of the alternative fire and life safety standards described in subdivision (c) shall be handled in accordance with Article 2.3 (commencing with Section 17974) of Chapter 5. (e) This section pertains only to alternative fire and life safety standards for temporary sleeping cabins and does not supersede any other applicable local or state approval process or health and safety standards pertaining to the use of or siting of temporary sleeping cabins. (f) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2023, Ch. 725, Sec. 1. (AB 42) Effective January 1, 2024. Repealed as of January 1, 2027, by its own provisions.)
  40. 17922.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Agencies that issue building permits must require proof of a Division of Occupational Safety and Health permit when the construction work requires that permit; an employer may still apply for the building permit before getting that permit.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.5. Any state or local agency which issues building permits shall require, as a condition of issuing any building permit where the working conditions of the construction would require an employer to obtain a permit from the Division of Occupational Safety and Health pursuant to Chapter 6 (commencing with Section 6500) of Part 1 of Division 5 of the Labor Code, that proof be submitted showing that the employer has received such a permit from the Division of Occupational Safety and Health. An employer may apply for a building permit prior to receiving the permit from the Division of Occupational Safety and Health. (Amended by Stats. 1982, Ch. 1464, Sec. 1.)
  41. 17922.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The Office of Noise Control must set noise-insulation standards for certain housing and lodging types, and the department must enforce them in some cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.6. (a) The Office of Noise Control in coordination with the department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18934) of Part 2.5 of this division and shall adopt, amend, and repeal rules and regulations other than building standards which establish uniform minimum noise insulation requirements for hotels, motels, apartment houses, and dwellings other than detached single-family dwellings. (b) Such requirements shall be based on performance in order to require compliance onsite where the hotel, motel, apartment house, or dwelling other than a detached single-family dwelling, is located. (c) Such requirements shall be sufficient to protect persons within the hotel, motel, apartment house, or dwelling other than a detached single-family dwelling, from the effects of excessive noise, including, but not limited to, hearing loss or impairment and persistent interference with speech and sleep. (d) The provisions of this section, the building standards published in the State Building Standards Code relating to noise insulation, and the other rules and regulations adopted pursuant to this section shall apply equally to those hotels, motels, apartment houses, and dwellings other than detached single-family dwellings, owned, operated, or maintained by any public entity. The department shall enforce such building standards published in the State Building Standards Code and such other rules and regulations with respect to any such hotel, motel, apartment house, or dwelling other than a detached single-family dwelling, which is not subject to the jurisdiction of any local building department. (e) The provisions of this section, the building standards published in the State Building Standards Code relating to noise insulation, and the other rules and regulations adopted pursuant to this section shall not apply to detached single-family dwellings. (f) Such other rules and regulations adopted by the Office of Noise Control shall become operative six months after their date of adoption. (g) Sections 17925, 17958, 17958.5, and 17958.7 shall not apply to the provisions of this section. (Amended by Stats. 1979, Ch. 1152.)
  42. 17922.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Local governing bodies must adopt noise-insulation ordinances or regulations matching state standards within six months, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.7. (a) Except as otherwise provided in subdivisions (b) and (c), the governing body of every city, county, city and county, and public entity shall adopt ordinances or regulations imposing the same requirements as are published in the State Building Standards Code relating to noise insulation and as are contained in the other rules and regulations adopted pursuant to Section 17922.6 within six months after the date of publication in the State Building Standards Code or the date of adoption of such other rules and regulations. The building standards relating to noise insulation published in the State Building Standards Code and the other rules and regulations adopted pursuant to Section 17922.6 shall apply in any city, county, city and county, or to any hotel, motel, apartment house, or dwelling other than a detached single-family dwelling, which is owned, operated, or maintained by any public entity, if the appropriate governing body fails to adopt such ordinances or regulations within six months after such date of publication or adoption. (b) In adopting such ordinances or regulations, the governing body of any city, county, city and county, or public entity may make such changes, modifications, or additions to the minimum requirements contained in such building standards relating to noise insulation published in the State Building Standards Code, or in the other rules and regulations adopted pursuant to Section 17922.6, as such governing body determines are reasonably necessary due to local conditions. The governing body may also impose noise insulation standards on a case by case basis on new single-family detached dwellings, if the governing body determines that such standards are necessary due to substantial noise generated by airports, roadways, or commercial and industrial activities immediately surrounding or adjacent to such proposed dwellings. Any local noise insulation standards adopted for single-family detached dwellings shall not exceed comparable standards for multifamily housing. The governing body shall find that ordinances or regulations, adopted pursuant to this subdivision, will require the dimunition of the noise levels permitted by the building standards relating to noise insulation published in the State Building Standards Code and in the other rules and regulations adopted pursuant to Section 17922.6. (c) Prior to making such modifications, changes, or additions pursuant to subdivision (b), the governing body shall make an express finding that such modifications, changes, or additions are needed, which finding shall be available as a public record. A copy of such finding, together with the modification, change, or addition, shall be filed with the Office of Noise Control. (Amended by Stats. 1979, Ch. 1152.)
  43. 17922.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The Office of Noise Control may appoint an advisory committee to help review and revise previously adopted noise insulation standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.8. The Office of Noise Control may appoint an advisory committee to assist the office in reviewing and revising the noise insulation standards previously adopted. (Amended by Stats. 1997, Ch. 645, Sec. 5. Effective January 1, 1998.)
  44. 17922.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Local permit authorities may not impose oversized garage, carport, or house-size requirements for qualifying residential structures financed by the Farmers Home Administration, and they may require a limited parking and setback arrangement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17922.9. (a) The Legislature hereby finds and declares that the provision of an adequate level of affordable housing, in and of itself, is a fundamental responsibility of the state and that a generally inadequate supply of decent, safe, and sanitary housing affordable to persons of low and moderate income threatens orderly community and regional development, including job creation, attracting new private investment, and creating the physical, economic, social, and environmental conditions to support continued growth and security of all areas of the state. The Legislature further finds and declares that many rural communities depend on mortgage financing available through the Farmers Home Administration and that the continued construction of affordable housing is a priority for the state. However, the Legislature, in requiring waiver of certain local requirements respecting adequacy of garages and carports and house size, does not endorse the restrictive Farmers Home Administration regulations that preclude financing of two-car garages and houses exceeding a maximum size. The Legislature further finds and declares that inadequate housing supplies have a negative impact on regional development and are, therefore, a matter of statewide interest and concern. (b) Notwithstanding any local ordinance, charter provision, or regulation to the contrary, if the applicant for a building permit for construction of a qualifying residential structure submits with the application a conditional loan commitment letter or letter of intent to finance issued by the Farmers Home Administration of the United States Department of Agriculture for the structure, the city, county, or city and county issuing the building permit shall not impose any requirement on the permit respecting the size or capacity of any appurtenant garage or carport or house size which exceeds the size or capacity that the Farmers Home Administration will finance under its then applicable regulations and policies. “Qualifying residential structure,” as used in this section, means any single-family or multifamily residential structure financed by the Farmers Home Administration and which is restricted pursuant to federal law to ownership or occupancy by households with incomes not exceeding the income criteria for persons and families of low and moderate income, as defined by Section 50093, or more restrictive income criteria. (c) This section does not preclude a city, county, or city and county from requiring the provision of one uncovered, paved parking space located outside the required setback and outside the driveway approach to the garage or covered parking space plus a garage or covered parking space that does not exceed the size and capacity allowed for Farmers Home Administration financing. However, this setback requirement may not exceed the setbacks applicable to single-family dwelling units in the same zoning district that have two-car garages. (Amended by Stats. 1994, Ch. 198, Sec. 1. Effective July 18, 1994.)
  45. 17923.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department may approve an alternate material or method if it is satisfactory and at least equivalent to the required standards. It may also require compliance tests, at the owner or agent’s expense, when there is evidence of nonconformity or to support an alternate claim.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17923. (a) The provisions of Section 17922 are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by this part, the building standards published in the State Building Standards Code relating thereto, and the other rules and regulations promulgated pursuant thereto, providing such alternate has been approved. The department may approve any such alternate if it finds that the proposed design is satisfactory and that the material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this part, the building standards published in the State Building Standards Code relating thereto, and the other rules and regulations promulgated pursuant thereto in performance, safety, and for the protection of life and health. (b) Whenever there is evidence that any material, appliance, installation, device, arrangement, or method of construction does not conform to the requirements of this part, the building standards published in the State Building Standards Code relating thereto, and the other rules and regulations promulgated pursuant thereto, or in order to substantiate claims for alternates, the department may require tests as proof of compliance to be made at the expense of the owner or his agent. (Amended by Stats. 1979, Ch. 1152.)
  46. 17924.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Building standards cannot be published by state departments and related bodies under this part; instead, they must be proposed and submitted for adoption and publishing under Part 2.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17924. Rules and regulations shall be promulgated pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and no state department, officer, board, agency, committee, or commission shall have power pursuant to the provisions of this part to publish building standards, as defined in Section 18909, but shall propose and submit those building standards as deemed necessary to carry out the provisions of this part for adoption and publishing pursuant to the provisions of Part 2.5 (commencing with Section 18901). (Amended by Stats. 1997, Ch. 645, Sec. 6. Effective January 1, 1998.)
  47. 17925.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Certain people and entities may ask the local appeals board for a hearing about a building standard or regulation they oppose in a local area, unless Section 17922.6 applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17925. Except as provided in Section 17922.6, any person, firm, corporation, or governmental agency that opposes the application of any applicable building standard published in the State Building Standards Code or any other rule or regulation adopted by the department within a particular local area may request a hearing before the local appeals board regarding the matter. If the local appeals board determines after the hearing that because of local conditions or factors it is not reasonable for the building standard, rule, or regulation to be applied in the local area, the building standard, rule, or regulation shall have no application within that local area. A copy of the determination of the local appeals board, together with a report of the local conditions upon which the determination is based, shall be filed with the department pursuant to Section 17958.7. (Amended by Stats. 1983, Ch. 101, Sec. 130.)
  48. 17926.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Owners of covered dwelling units must install approved carbon monoxide devices, and the department must develop related hotel and motel building standards by July 1, 2015.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17926. (a) An owner of a dwelling unit intended for human occupancy shall install a carbon monoxide device, approved and listed by the State Fire Marshal pursuant to Section 13263, in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage, within the earliest applicable time period as follows: (1) For all existing single-family dwelling units intended for human occupancy on or before July 1, 2011. (2) For all existing hotel and motel dwelling units intended for human occupancy on or before January 1, 2017. (3) For all other existing dwelling units intended for human occupancy on or before January 1, 2013. (b) With respect to the number and placement of carbon monoxide devices, an owner shall install the devices in a manner consistent with building standards applicable to new construction for the relevant type of occupancy or with the manufacturer’s instructions, if it is technically feasible to do so. (c) (1) Notwithstanding Section 17995, and except as provided in paragraph (2), a violation of this section is an infraction punishable by a maximum fine of two hundred dollars ($200) for each offense. (2) Notwithstanding paragraph (1), a property owner shall receive a 30-day notice to correct. If an owner receiving notice fails to correct within that time period, the owner may be assessed the fine pursuant to paragraph (2). (d) No transfer of title shall be invalidated on the basis of a failure to comply with this section, and the exclusive remedy for the failure to comply with this section is an award of actual damages not to exceed one hundred dollars ($100), exclusive of any court costs and attorney’s fees. This subdivision is not intended to affect any duties, rights, or remedies otherwise available at law. (e) A local ordinance requiring carbon monoxide devices may be enacted or amended if the ordinance is consistent with this chapter. (f) On or before July 1, 2015, the department shall submit for adoption and approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, building standards for the installation of carbon monoxide detectors in hotel and motel dwelling units intended for human occupancy. In developing these standards, the department shall do both of the following: (1) Convene and consult a stakeholder group that includes members with expertise in multifamily dwellings, lodging, maintenance, and construction. (2) Review and consider the most current national codes and standards available related to the installation of carbon monoxide detection. (g) For purposes of this section and Section 17926.1, “dwelling unit intended for human occupancy” has the same meaning as that term is defined in Section 13262. (Amended by Stats. 2014, Ch. 298, Sec. 4. (AB 2753) Effective January 1, 2015.)
  49. 17926.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    Owners or owners’ agents renting dwelling units must maintain carbon monoxide devices, tenants must report inoperable or deficient devices, and owners or agents may enter the unit to install, repair, test, or maintain the devices under Civil Code section 1954.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17926.1. (a) An owner or owner’s agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant shall maintain carbon monoxide devices in that dwelling unit consistent with this section and Section 17926. (b) An owner or the owner’s agent may enter any dwelling unit intended for human occupancy owned by the owner for the purpose of installing, repairing, testing, and maintaining carbon monoxide devices required by this section, pursuant to the authority and requirements of Section 1954 of the Civil Code. (c) The carbon monoxide device shall be operable at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware of an inoperable or deficient carbon monoxide device within his or her unit. The owner or owner’s agent shall correct any reported deficiencies or inoperabilities in the carbon monoxide device and shall not be in violation of this section for a deficient or inoperable carbon monoxide device when he or she has not received notice of the deficiency or inoperability. (d) This section shall not affect any rights which the parties may have under any other provision of law because of the presence or absence of a carbon monoxide device. (e) For purposes of this section, with respect to a time-share project, “owner” means the homeowners’ association of the time-share project. (Added by Stats. 2010, Ch. 19, Sec. 5. (SB 183) Effective January 1, 2011.)
  50. 17926.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department may pause enforcement of certain carbon monoxide device requirements for up to six months if approved devices are not available, and it must give notice if it does so.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17926.2. (a) If the department, in consultation with the State Fire Marshal, determines that a sufficient amount of tested and approved carbon monoxide devices are not available to property owners to meet the requirements of the Carbon Monoxide Poisoning Prevention Act of 2009 and Sections 17926 and 17926.1, the department may suspend enforcement of the requirements of Sections 17926 and 17926.1 for up to six months. If the department elects to suspend enforcement of these requirements, the department shall notify the Secretary of State of its decision and shall post a public notice that describes its findings and decision on the departmental Internet Web site. (b) If the California Building Standards Commission adopts or updates building standards relating to carbon monoxide devices, the owner or owner’s agent, who has installed a carbon monoxide device as required by Section 17926 or 17926.1, shall not be required to install a new device meeting the requirements of those building standards within an individual dwelling unit until the owner makes application for a permit for alterations, repairs, or additions to that dwelling unit, the cost of which will exceed one thousand dollars ($1,000). (Added by Stats. 2010, Ch. 19, Sec. 6. (SB 183) Effective January 1, 2011.)
  51. 17927.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The department must propose and adopt or repeal certain building rules for garage door springs, enforce those rules, and garage door springs that violate them may not be sold or installed in specified accessory garages.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17927. The department shall propose the adoption, amendment, or repeal of building standards pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5, and the department shall adopt, amend, and repeal other rules and regulations for garage door springs for installation in garages which are accessory to apartment houses, hotels, motels, and dwellings as the department determines are reasonably necessary to prevent the death or injury of persons or damage to property resulting from the breaking of the garage door springs. Except as otherwise provided in this part, the department shall enforce building standards published in the California Building Standards Code relating to garage door springs and other rules and regulations adopted by the department pursuant to this section. No garage door spring which violates the provisions of any building standard published in the California Building Standards Code relating to garage door springs or any other rule or regulation adopted by the department pursuant to this section shall be sold or offered for sale, or installed in any garage which is accessory to an apartment house, hotel, motel, or dwelling, on or after the date of publication of the building standard or the effective date of the rule or regulation. (Amended by Stats. 1997, Ch. 645, Sec. 7. Effective January 1, 1998.)
  52. 17928.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    The Department of Housing and Community Development must review green building guidelines when preparing proposed building standards, consider making cost-effective and feasible green features mandatory, and report certain green building information to the Legislature on a triennial schedule.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17928. (a) (1) The Department of Housing and Community Development shall, for building standards submitted to the California Building Standards Commission for adoption in the 2010 California Building Code or later, do all the following: (A) Review relevant green building guidelines as deemed necessary by the department when preparing proposed building standards for submittal. (B) Consider proposing as mandatory building standards those green building features determined by the department to be cost effective and feasible to promote greener construction. (2) Nothing in this subdivision shall be construed to supplant or otherwise change the existing process for approval and adoption of building standards through the California Building Standards Commission. (b) (1) The department shall also summarize both of the following in a triennial report to the Legislature no later than December 31, 2025, and every three years thereafter, which shall be included in the annual report required by Section 50408: (A) Green building features proposed as building standards during the most recent Triennial and Intervening Building Standards Adoption Cycles, as appropriate. (B) Green building guidelines reviewed pursuant to subdivision (a) during the most recent Triennial and Intervening Building Standards Adoption Cycles. (2) For those items required by this subdivision already included in other reports provided to the Legislature or generally available, the department may fulfill this requirement by citing where that information can be found. (Amended by Stats. 2023, Ch. 770, Sec. 8. (AB 1764) Effective January 1, 2024.)
  53. 17929.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

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    In mixed-income multifamily structures, affordable housing occupants must get the same access to common entrances, common areas, and amenities as market-rate occupants, and affordable units cannot be isolated to one floor or part of a floor.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 2. Rules and Regulations [17920 - 17929] ( Chapter 2 added by Stats. 1961, Ch. 1844. ) ## 17929. (a) (1) For a mixed-income multifamily structure, both of the following shall apply: (A) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances to that structure as the occupants of the market-rate housing units. (B) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units. (2) A mixed-income multifamily structure shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor. (b) For purposes of this section: (1) “Affordable housing unit” means any residential dwelling unit that is restricted by deed or other recorded document as affordable housing for persons and families of low or moderate income, as that term is defined in Section 50093. (2) “Common entrance” means any area used by the occupants of a mixed-income multifamily structure for ingress to or egress from that structure. (3) “Market-rate housing unit” means any residential dwelling unit that is not an affordable housing unit or a unit occupied by on-site property management staff. (4) “Mixed-income multifamily structure” means any residential structure with five or more residential dwelling units that includes both affordable housing units and market-rate housing units. (c) This section is declaratory of existing law. Nothing in this section shall be construed to limit the application of existing law, including, but not limited to, Article 2 (commencing with Section 12955) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, Section 65008 of the Government Code, or Subchapter 7 (commencing with Section 12005) of Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations. (Added by Stats. 2021, Ch. 345, Sec. 1. (AB 491) Effective January 1, 2022.)
  54. 1793.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Providers with refundable contracts must keep refund reserves in trust, follow department-approved handling and funding rules, and disclose when refundable entrance fees are not secured by cash reserves unless an exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 6. Reporting and Reserve Requirements [1789 - 1793] ( Article 6 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793. (a) Any provider offering a refundable contract, or other entity assuming responsibility for refundable contracts, shall maintain a refund reserve fund in trust for the residents. This trust fund shall remain intact to accumulate interest earnings resulting from investments of liquid reserves in accordance with paragraph (1) of subdivision (e) and subparagraphs (A) through (E), inclusive, of paragraph (3) of subdivision (e) of Section 1792.2. The amount of the refund reserve shall be revised annually by the provider and submitted to the department in conjunction with the annual report required by Section 1790. (b) Any providers or other entity assuming responsibility for refundable contracts, which has not executed refundable contracts in a continuing care retirement community prior to January 1, 1996, and proposes to execute these contracts in that continuing care retirement community after that date, shall maintain a refund reserve fund in trust for the residents holding such contracts. (1) Except as noted in paragraph (2), this trust fund shall remain intact as specified in subdivision (a). (2) To the extent approved by the department, the trust account may invest up to 70 percent of the refund reserves in real estate that is used to provide care and housing for the holders of the refundable continuing care contracts and is located on the same campus where these continuing care contract holders reside. These investments in real estate shall be limited to 50 percent of the providers’ net equity in the real estate. The net equity shall be the book value, assessed value, or current appraised value within 12 months prior to the end of the fiscal year, less any depreciation, encumbrances, and the amount required for statutory reserves under Section 1792.2, all according to audited financial statements acceptable to the department. This paragraph shall apply to applications, and for those phases of the project that were identified as part of applications, submitted after May 31, 1995. (3) Any provider who submitted an application on or before May 31, 1995, may provide for the refund obligation of this section with a trust account that invests up to 85 percent of the refund reserves in the continuing care retirement community’s real estate and the remaining 15 percent in the form of either cash or an unconditional, irrevocable letter of credit to be phased in over a two-year period beginning with initial occupancy in the facility. (4) Each refund reserve trust fund shall be established at an institution qualified to be an escrow agent pursuant to an agreement between the provider and the institution based on this section and approved in advance by the department. (5) The amount to be held in the reserve fund shall be the total of the amounts calculated with respect to each individual resident as follows: (A) Determine the age in years and the portion of the entry fee for the resident refundable for the seventh year of residency and thereafter. (B) Determine life expectancy of that individual from the life expectancy table in paragraph (1) of subdivision (b) of Section 1792.2. If there is a couple, use the life expectancy for the individual with the longer life expectancy. (C) For that resident, use an interest rate of 6 percent or lower to determine from compound interest tables the factor which represents the amount required today to grow at compound interest to one dollar ($1) at the end of the period of the life expectancy of the resident. (D) Multiply the refundable portion of the resident’s entry fee amount by the factor obtained in subparagraph (C) to determine the amount of reserve required to be maintained. (E) The sum of these amounts with respect to each resident shall constitute the reserve for refundable contracts. (F) The reserve for refundable contracts will be revised annually as provided for in subdivision (a), using the interest rate, refund obligation amount, and individual life expectancies current at that time. (6) Withdrawals may be made from the trust fund to pay refunds when due under the terms of the refundable entry fee contracts and when the balance in the trust fund exceeds the required refund reserve amount determined in accordance with paragraph (5) of subdivision (b). (7) Deposits shall be made to the trust fund with respect to new residents when the entry fee is received and in the amount determined with respect to that resident in accordance with paragraph (5) of subdivision (b). (8) Additional deposits shall be made to the trust fund within 30 days of any annual reporting date on which the trust fund balance falls below the required reserve in accordance with paragraph (5) of subdivision (b) and such deposits shall be in an amount sufficient to bring the trust fund balance into compliance with this section. (c) Any provider which has executed refundable contracts in a continuing care retirement community prior to January 1, 1996, and which has not executed refundable contracts in a continuing care retirement community prior to January 1, 1991, shall submit, for the department’s approval, a method of determining a refund reserve to be held in trust for the residents. Approved methods include any of the following: (1) The establishment, at the time continuing care contracts are signed, of a reserve fund in trust for the full amount of the refunds promised. (2) The purchase from an insurance company, authorized to do business in the State of California, of fully paid life insurance policies for the full amount of the refunds promised. (3) A method approved by the American Academy of Actuaries in their Actuarial Standards of Practice Relating to Continuing Care Retirement Communities, which method provides for fully funding the refund obligations in a separate trust fund as provided in subdivision (b). (d) Any provider offering a refundable contract, or other entity assuming responsibility for refundable contracts prior to January 1, 1991, shall maintain a refund reserve bank account in trust for the residents as described in subdivision (b) except that the amount of refund reserves shall be calculated based on the following assumptions and methods of calculation: (1) The continuing care retirement community will no longer receive entry fee income after a period of 40 years following the commencement of operation. (2) Approved long-term investments, such as treasury notes, will earn 3 percent more than the rate of inflation. (3) Entrance fees will increase at the rate of inflation. (4) Land values will increase at the rate of inflation. (5) Investments in the refund reserve trust will increase at the rate for approved long-term investments. (6) Calculate the number of units to be resold each year at the approved rate of turnover. (7) Determine the mean entrance fee, as of the current date. (8) Determine the factor for inflating the mean entrance fee at the rate of 3 percent below the interest rate on new 30-year treasury bonds, for each year from the current date to the 40th year of operation, or until all units have been turned over. (9) Calculate the inflated mean entrance fees for the 40th year and for each preceding year, until all units have been turned over. (10) Multiply the inflated mean entrance fee for the 40th year, and each preceding year, as specified in paragraph (9), by the annual turnover, as specified in paragraph (6), until the total of the annual turnovers used in the calculations equals the total number of units in the continuing care retirement community. (11) The projected refund liability shall be the sum of the products obtained pursuant to paragraph (10), multiplied by the rate of refund for the seventh year of residency, specified by current continuing care contracts, multiplied by the percentage of current continuing care contracts which specify this rate of refund. The projected refund liability amount shall be calculated for each rate, if existing continuing care contracts specify several rates. (12) The projected refund liability, or the aggregate of these liabilities, if several rates are obtained pursuant to paragraph (11), may be reduced by the value of the land used for the continuing care retirement community, inflated to the 40th year of operation, as determined pursuant to paragraph (4), if the provider agrees to a lien pursuant to Section 1793.15 to secure this commitment. (13) Calculate the present value of the projected refund liability at the current rate of interest for new 30-year treasury bonds. The result is the required refund reserve. (e) Any entity which holds a certificate of authority, provisional certificate of authority, or permit to sell deposit subscriptions on or before September 23, 1986, shall be exempted from the refund reserve requirement established by this section, if the entity has an equity balance of five times the amount of the refund reserves calculated pursuant to subdivision (c). (1) The equity balance shall be verified by one or more of the following means: (A) The “stockholders’ equity,” or equivalent amount, as reflected on the most recent Form 10K (which may be on a consolidated basis or on a consolidated and combined basis) filed with the Securities and Exchange Commission. (B) The “total fund balance of net worth,” or equivalent amount, as reflected on Form 990 or Form 990-PF filed with the Internal Revenue Service. (C) The “total net worth,” or equivalent amount, as reflected on the most recent Form 109 filed with the Franchise Tax Board. (2) The amount of the requirement for the equity balance shall be revised annually pursuant to this section. (3) Compliance shall be based on review, by the department, of financial statements prepared in accordance with generally accepted accounting principles, accompanied by an unqualified opinion by a certified public accountant. (4) If the equity balance is determined by the department to be less than the required amount, the provider or other entity assuming responsibility shall deposit, in a form satisfactory to the department, an amount equal to the refund reserve required within 60 days. (f) All continuing care retirement communities offering refundable entrance fees that are not secured by cash reserves, except those facilities that were issued a certificate of authority prior to May 31, 1995, shall clearly disclose this fact in all marketing materials and continuing care contracts. (Amended by Stats. 1995, Ch. 920, Sec. 48. Effective January 1, 1996.)
  55. 1793.11.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Certain transfers under a continuing care contract can be voided, and some related documents must include a rescission recital.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.11. (a) Any transfer of money or property, pursuant to a continuing care contract found by the department to be executed in violation of this chapter, is voidable at the option of the resident or transferor for a period of 90 days from the execution of the transfer. (b) Any deed or other instrument of conveyance shall contain a recital that the transaction is made pursuant to rescission by the resident or transferor within 90 days from the date of first occupancy. (c) No action may be brought for the reasonable value of any services rendered between the date of transfer and the date the resident disaffirms the continuing care contract. (d) With respect to real property, the right of disaffirmance or rescission is conclusively presumed to have terminated if a notice of intent to rescind is not recorded with the county recorder of the county in which the real property is located within 90 days from the date of first occupancy of the residential living unit. (e) A transfer of money or property, real or personal, to anyone pursuant to a continuing care contract that was not approved by the department is voidable at the option of the department or transferor or his or her assigns or agents. (f) A transaction determined by the department to be in violation of this chapter is voidable at the option of the resident or his or her assignees or agents. (Amended by Stats. 2000, Ch. 820, Sec. 63. Effective January 1, 2001.)
  56. 1793.13.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may require a provider to file a financial plan and periodic reports, and the provider must share certain plans and reports with residents and the resident council on set timelines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.13. (a) The department may require a provider to submit a financial plan and periodic financial reports if any of the following apply: (1) A provider fails to submit to the department an audited annual report as required by Section 1790. (2) The department has reason to believe that the provider is insolvent, is in imminent danger of becoming insolvent, is in a financially unsound or unsafe condition, or that its condition is such that it may otherwise be unable to fully perform its obligations pursuant to continuing care contracts. (3) The department receives notice from a provider within two weeks after the end of a calendar month in which the circumstances described in subparagraph (A) and one of the circumstances described in subparagraph (B) occurred and were continuing at the end of that month. The provider shall notify the department within the specified timeframe above if it meets the circumstances outlined in this paragraph. (A) Overall average occupancy of all facility levels of care is below 80 percent at a facility. For purposes of this subparagraph, “all facility levels of care” includes, if applicable, independent living, assisted living, and skilled nursing. Overall average occupancy shall be calculated as the average for all units over the preceding two months, excluding units that were not on the market or already reserved. Overall average occupancy shall not apply to newly opened continuing care retirement communities for a period of 12 months from the date of opening. A provider shall not keep a unit off the market to avoid repaying all or a portion of the entrance fee of a repayable contract. (B) (i) The provider fails to maintain the minimum reserve required pursuant to Section 1792.3. (ii) The provider fails to meet one or more of its debt covenants from a third-party lender, a bond issue, or a third-party lender and a bond issue. (iii) The provider has a net operating loss for a period of three consecutive months. (b) (1) A provider shall submit its financial plan to the department within 60 days following the date of the department’s request. The financial plan shall explain how and when the provider will remedy the problems and deficiencies identified by the department. If the provider determines that the plan contains trade secret information protected under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), the provider shall submit at the same time a separate version of the plan with the trade secret information redacted. The provider shall identify to the department the portions of the plan that it asserts are trade secrets. (2) If a financial plan and periodic financial reports are required by the department, a provider shall submit periodic reports to the department. Periodic reports shall explain the provider’s progress toward remedying the problems and deficiencies identified by the department. The department may require reporting at intervals that the department deems necessary. (c) The department shall approve or disapprove the plan and redacted form of the plan within 30 calendar days of its receipt. If the plan is approved and the redacted form of the plan is not, the provider will be given an opportunity to resubmit the redacted form of the plan for the department’s approval. (d) If the plan is approved, the provider shall immediately implement the plan. Within 10 calendar days of approval, the provider shall distribute a copy of the plan or the approved redacted form of the plan to the facility’s resident council or association. If the plan is approved and the redacted form of the plan is not, the provider shall distribute a copy of the redacted form of the plan to the facility’s resident council or association within 10 calendar days of approval. All periodic reports required by this section shall also be distributed to the facility’s resident council or association within 10 calendar days of submission to the department. (e) If the plan is disapproved, or if it is determined that the plan is not being fully implemented, the department may consult with its financial consultants to develop a corrective action plan at the provider’s expense, or require the provider to obtain new or additional management capability approved by the department to solve its difficulties. A reasonable period, as determined by the department, shall be allowed for the reorganized management to develop a plan that, subject to the approval of the department, will reasonably ensure that the provider will meet its responsibilities under the law. A corrective action plan or a plan for reorganization shall be shared with the facility’s resident council, resident association, or resident council and resident association within 10 calendar days of submitting notification to the department. (f) (1) The provider shall share its approved financial plan, the approved redacted form of the plan, or any revised version of the financial plan, and any subsequent periodic report with a prospective or incoming resident no less than 60 calendar days before entering into a continuing care contract until the time the provider has corrected the problems and deficiencies identified by the department. (2) If a prospective or incoming resident has an urgent need for placement that requires occupancy less than 60 days from their decision to go forward with a contract, the resident shall sign a declaration indicating all of the following: (A) There is an urgent need for the resident to obtain a placement at the community. (B) The resident has received a copy of the community’s financial plan, or redacted or revised financial plan. (C) The copy of the financial plan, or redacted or revised financial plan was provided within a reasonable time of the provider becoming aware that a placement would be required in less than 60 days. (D) The resident waives the right to receive the financial plan, or redacted or revised financial plan, 60 days in advance of their executing a continuing care contract. The paragraph indicating that the resident received the financial plan, or redacted or revised financial plan, shall be initialed by the resident. The declaration shall be kept in the resident’s file. (g) If the provider fails to correct deficiencies by the expiration of the financial plan, the department may take further actions consistent with this chapter. (Amended by Stats. 2022, Ch. 538, Sec. 2. (SB 707) Effective January 1, 2023.)
  57. 1793.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may place or release liens connected to a provider’s obligations, and the applicant or provider may appeal a lien-release denial.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.15. (a) When necessary to secure an applicant’s or a provider’s performance of its obligations to depositors or residents, the department may record a notice or notices of lien on behalf of the depositors or residents. From the date of recording, the lien shall attach to all real property owned or acquired by the provider during the pendency of the lien, provided the property is not exempt from the execution of a lien and is located within the county in which the lien is recorded. The lien shall have the force, effect, and priority of a judgment lien. (b) The department may record a lien on any real property owned by the provider if the provider’s annual report indicates the provider has an unfunded statutory or refund requirement. A lien filed pursuant to this section shall have the effect, force, and priority of a judgment lien filed against the property. (c) The department shall file a release of the lien if the department determines that the lien is no longer necessary to secure the applicant’s or provider’s performance of its obligations to the depositors or residents. (d) Within 10 days following the department’s denial of a request for a release of the lien, the applicant or provider may file an appeal with the department. (e) The department’s final decision shall be subject to court review pursuant to Section 1094.5 of the Code of Civil Procedure, upon petition of the applicant or provider filed within 30 days of service of the decision. (Amended by Stats. 2000, Ch. 820, Sec. 65. Effective January 1, 2001.)
  58. 1793.17.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may require escrow-related actions from an applicant or provider to protect depositors or residents, and may later release escrow funds or end the escrow requirement.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.17. (a) When necessary to secure the interests of depositors or residents, the department may require that the applicant or provider reestablish an escrow account, return previously released moneys to escrow, and escrow all future entrance fee payments. (b) The department may release funds from escrow as it deems appropriate or terminate the escrow requirement when it determines that the escrow is no longer necessary to secure the performance of all obligations of the applicant or provider to depositors or residents. (Amended by Stats. 2000, Ch. 820, Sec. 66. Effective January 1, 2001.)
  59. 1793.19.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may use civil, criminal, and administrative remedies together to enforce this chapter, and those remedies are not exclusive.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.19. The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive and may be sought and employed by the department, in any combination to enforce this chapter. (Amended by Stats. 2000, Ch. 820, Sec. 67. Effective January 1, 2001.)
  60. 1793.21.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may condition, suspend, or revoke certain permits or certificates if it finds the applicant or provider committed one of the listed acts.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.21. The department, in its discretion, may condition, suspend, or revoke any permit to accept deposits, provisional certificate of authority, or certificate of authority issued under this chapter if it finds that the applicant or provider has done any of the following: (a) Violated this chapter or the rules and regulations adopted under this chapter. (b) Aided, abetted, or permitted the violation of this chapter or the rules and regulations adopted under this chapter. (c) Had a license suspended or revoked pursuant to the licensing provisions of Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569). (d) Made a material misstatement, misrepresentation, or fraud in obtaining the permit to accept deposits, provisional certificate of authority, or certificate of authority. (e) Demonstrated a lack of fitness or trustworthiness. (f) Engaged in any fraudulent or dishonest practices of management in the conduct of business. (g) Misappropriated, converted, or withheld moneys. (h) After request by the department for an examination, access to records, or information, refused to be examined or to produce its accounts, records, and files for examination, or refused to give information with respect to its affairs, or refused to perform any other legal obligations related to an examination. (i) Manifested an unsound financial condition. (j) Used methods and practices in the conduct of business so as to render further transactions by the provider or applicant hazardous or injurious to the public. (k) Failed to maintain at least the minimum statutory reserves required by Section 1792.2. ( l) Failed to maintain the reserve fund escrow account for prepaid continuing care contracts required by Section 1792. (m) Failed to comply with the refund reserve requirements stated in Section 1793. (n) Failed to comply with the requirements of this chapter for maintaining escrow accounts for funds. (o) Failed to file the annual report described in Section 1790. (p) Violated a condition on its permit to accept deposits, provisional certificate of authority, or certificate of authority. (q) Failed to comply with its approved financial and marketing plan or to secure approval of a modified plan. (r) Materially changed or deviated from an approved plan of operation without the prior consent of the department. (s) Failed to fulfill his or her obligations under continuing care contracts. (t) Made material misrepresentations to depositors, prospective residents, or residents of a continuing care retirement community. (u) Failed to submit proposed changes to continuing care contracts prior to use, or using a continuing care contract that has not been previously approved by the department. (v) Failed to diligently submit materials requested by the department or required by the statute. (Amended by Stats. 2000, Ch. 820, Sec. 68. Effective January 1, 2001.)
  61. 1793.23.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    If the department conditions, suspends, or revokes certain provider permits or certificates, the provider may appeal to the department.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.23. (a) If the department conditions, suspends, or revokes any permit to accept deposits, provisional certificate of authority, or certificate of authority issued pursuant to this chapter, the provider shall have a right of appeal to the department. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all of the powers granted therein. A suspension, condition, or revocation shall remain in effect until completion of the proceedings in favor of the provider. In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by a preponderance of the evidence. (b) The department may, upon finding of changed circumstances, remove a suspension or condition. (Amended by Stats. 2011, Ch. 32, Sec. 14. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
  62. 1793.25.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    While a revocation or suspension action is pending, the provider may not enter into new deposit agreements or continuing care contracts.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.25. (a) During the period that the revocation or suspension action is pending against the permit to accept deposits, provisional certificate of authority, or certificate of authority, the provider shall not enter into any new deposit agreements or continuing care contracts. (b) The suspension or revocation by the department, or voluntary return of the provisional certificate of authority or certificate of authority by the provider, shall not release the provider from obligations assumed at the time the continuing care contracts were executed. (Amended by Stats. 2000, Ch. 820, Sec. 70. Effective January 1, 2001.)
  63. 1793.27.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may impose an administrative fine of up to $1,000 per violation on an applicant or provider in certain enforcement situations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.27. (a) If the department finds that any entity has violated Section 1793.5 or one or more grounds exist for conditioning, revoking, or suspending a permit to accept deposits, provisional certificate of authority, or a certificate of authority issued under this chapter, the department, in lieu of the condition, revocation, or suspension, may impose an administrative fine upon an applicant or provider in an amount not to exceed one thousand dollars ($1,000) per violation. (b) The administrative fine shall be deposited in the Continuing Care Provider Fee Fund and shall be disbursed for the specific purposes of offsetting the costs of investigation and litigation and to compensate court-appointed administrators when continuing care retirement community assets are insufficient. (Amended by Stats. 2000, Ch. 820, Sec. 71. Effective January 1, 2001.)
  64. 1793.29.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    If there is a violation or threatened violation of this chapter, the department may start a court proceeding or ask the Attorney General to do so to seek injunctive or other equitable relief.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.29. In the case of any violation or threatened violation of this chapter, the department may institute a proceeding or may request the Attorney General to institute a proceeding to obtain injunctive or other equitable relief in the superior court in and for the county in which the violation has occurred or will occur, or in which the principal place of business of the provider is located. The proceeding under this section shall conform with the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required of the department in any action commenced under this section, nor shall the department be required to allege facts necessary to show lack of adequate remedy at law, or to show irreparable loss or damage. (Amended by Stats. 2000, Ch. 820, Sec. 72. Effective January 1, 2001.)
  65. 1793.31.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    District attorneys may prosecute violations of this chapter in their counties, and the department must provide records and cooperate when asked.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.31. (a) The district attorney of every county may, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation of this chapter within his or her county. (b) This chapter shall not limit or qualify the powers of the district attorney to institute and conduct the prosecution of any action brought for the violation within his or her county of this chapter or any other provision of law, including, but not limited to, actions for fraud or misrepresentation. (c) The department shall provide access to any records in its control on request of a district attorney and shall cooperate in any investigation by a district attorney. (Amended by Stats. 1995, Ch. 920, Sec. 64. Effective January 1, 1996.)
  66. 1793.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    An entity involved in continuing care contracts can commit a misdemeanor if it takes deposits without the required permit or certificate, fails to use escrow as required, abandons its obligations, or issues noncompliant advertising/materials.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.5. (a) An entity that accepts deposits and proposes to promise to provide care without having a current and valid permit to accept deposits is guilty of a misdemeanor. (b) An entity that accepts deposits and fails to place any deposit received into an escrow account as required by this chapter is guilty of a misdemeanor. (c) An entity that executes a continuing care contract without holding a current and valid provisional certificate of authority or certificate of authority is guilty of a misdemeanor. (d) An entity that abandons a continuing care retirement community or its obligations under a continuing care contract is guilty of a misdemeanor. An entity that violates this section shall be liable to the injured resident for treble the amount of damages assessed in any civil action brought by or on behalf of the resident in any court having proper jurisdiction. The court may, in its discretion, award all costs and attorney fees to the injured resident, if that resident prevails in the action. (e) Each violation of subdivision (a), (b), (c), or (d) is subject to a fine not to exceed ten thousand dollars ($10,000), or by imprisonment in the county jail for a period not to exceed one year, or by both. (f) An entity that issues, delivers, or publishes, or as manager or officer or in any other administrative capacity, assists in the issuance, delivery, or publication of any printed matter, oral representation, or advertising material which does not comply with the requirements of this chapter is guilty of a misdemeanor. (g) A violation of subdivision (f) by an entity will constitute cause for the suspension of all and any licenses, permits, provisional certificates of authority, and certificates of authority issued to that entity by any agency of the state. (h) A violation under this section is an act of unfair competition as defined in Section 17200 of the Business and Professions Code. (Amended by Stats. 2000, Ch. 820, Sec. 58. Effective January 1, 2001.)
  67. 1793.50.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may ask the superior court to appoint an administrator for a continuing care retirement community in listed crisis situations, and the court can issue orders to run or wind down the community and protect residents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.50. (a) The department may petition the superior court for an order appointing a qualified administrator to operate a continuing care retirement community, and thereby mitigate imminent crisis situations where elderly residents could lose support services or be moved without proper preparation, in any of the following circumstances: (1) The provider is insolvent or in imminent danger of becoming insolvent. (2) The provider is in a financially unsound or unsafe condition. (3) The provider has failed to establish or has substantially depleted the reserves required by this chapter. (4) The provider has failed to submit a plan, as specified in Section 1793.13, the department has not approved the plan submitted by the provider, the provider has not fully implemented the plan, or the plan has not been successful. (5) The provider is unable to fully perform its obligations pursuant to continuing care contracts. (6) The residents are otherwise placed in serious jeopardy. (b) The administrator may only assume the operation of the continuing care retirement community in order to accomplish one or more of the following: rehabilitate the provider to enable it fully to perform its continuing care contract obligations; implement a plan of reorganization acceptable to the department; facilitate the transition where another provider assumes continuing care contract obligations; or facilitate an orderly liquidation of the provider. (c) With each petition, the department shall include a request for a temporary restraining order to prevent the provider from disposing of or transferring assets pending the hearing on the petition. (d) The provider shall be served with a copy of the petition, together with an order to appear and show cause why management and possession of the provider’s continuing care retirement community or assets should not be vested in an administrator. (e) The order to show cause shall specify a hearing date, which shall be not less than five nor more than 10 days following service of the petition and order to show cause on the provider. (f) Petitions to appoint an administrator shall have precedence over all matters, except criminal matters, in the court. (g) At the time of the hearing, the department shall advise the provider and the court of the name of the proposed administrator. (h) If, at the conclusion of the hearing, including such oral evidence as the court may consider, the court finds that any of the circumstances specified in subdivision (a) exist, the court shall issue an order appointing an administrator to take possession of the property of the provider and to conduct the business thereof, enjoining the provider from interfering with the administrator in the conduct of the rehabilitation, and directing the administrator to take steps toward removal of the causes and conditions which have made rehabilitation necessary, as the court may direct. (i) The order shall include a provision directing the issuance of a notice of the rehabilitation proceedings to the residents at the continuing care retirement community and to other interested persons as the court may direct. (j) The court may permit the provider to participate in the continued operation of the continuing care retirement community during the pendency of any appointments ordered pursuant to this section and shall specify in the order the nature and scope of the participation. (k) The court shall retain jurisdiction throughout the rehabilitation proceeding and may issue further orders as it deems necessary to accomplish the rehabilitation or orderly liquidation of the continuing care retirement community in order to protect the residents of the continuing care retirement community. (Amended by Stats. 2011, Ch. 32, Sec. 15. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
  68. 1793.52.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The court-appointed administrator must immediately notify residents of the appointment and the status of the continuing care retirement community management.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.52. The court-appointed administrator shall immediately notify the residents of that appointment and of the status of the continuing care retirement community management. (Amended by Stats. 1995, Ch. 920, Sec. 66. Effective January 1, 1996.)
  69. 1793.54.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    If an administrator is appointed to rehabilitate a provider, the administrator may take various actions to manage the provider’s assets, funds, lawsuits, rehabilitation expenses, resident care duties, and resident transfers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.54. If an administrator is appointed to rehabilitate a provider, the administrator may do any of the following: (a) Take possession of and preserve, protect and recover any assets, books, records, or property of the provider, including, but not limited to, claims or causes of action belonging to, or which may be asserted by, the provider. (b) Deal with the property in the administrator’s name in the capacity as administrator, and purchase at any sale any real estate or other asset upon which the provider may hold any lien or encumbrance or in which the provider may have an interest. (c) File, prosecute, and defend or compromise any suit or suits which have been filed, or which may thereafter be filed, by or against the provider as necessary to protect the provider or the residents or any property affected thereby. (d) Deposit and invest any of the provider’s available funds. (e) Pay all expenses of the rehabilitation. (f) Perform all duties of the provider in the provision of care and services to residents in the continuing care retirement community at the time the administrator takes possession. (g) Facilitate the orderly transfer of residents should the provider ultimately fail. (h) Exercise any other powers and duties as may be authorized by law or provided by order of the court. (Amended by Stats. 1995, Ch. 920, Sec. 67. Effective January 1, 1996.)
  70. 1793.56.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The appointed administrator is entitled to reasonable compensation, the provider may be charged for those costs, the department may pay from the Fund if needed, and the provider must indemnify the administrator for defense costs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.56. (a) The appointed administrator is entitled to reasonable compensation. (b) The costs compensating the administrator may be charged against the assets of the provider. When the provider’s assets and assets from the continuing care retirement community are insufficient, the department, in its discretion, may compensate the administrator from the Continuing Care Provider Fee Fund. (c) Any individual appointed administrator, pursuant to Section 1793.50, shall be held harmless for any negligence in the performance of his or her duties and the provider shall indemnify the administrator for all costs of defending actions brought against him or her in his or her capacity as administrator. (Amended by Stats. 2000, Ch. 820, Sec. 74. Effective January 1, 2001.)
  71. 1793.58.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Certain parties may ask the court to end rehabilitation proceedings, but the court can only grant the order after a full hearing and required findings. If the order is issued, the department must reinstate the certificate, though it later may impose limits or revoke it if conditions change or new disqualifying facts are found.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.58. (a) The department, administrator, or any interested person, upon due notice to the administrator, at any time, may apply to the court for an order terminating the rehabilitation proceedings and permitting the provider to resume possession of the provider’s property and the conduct of the provider’s business. (b) The court shall not issue the order requested pursuant to subdivision (a) unless, after a full hearing, the court has determined that the purposes of the proceeding have been fully and successfully accomplished and that the continuing care retirement community can be returned to the provider’s management without further jeopardy to the residents of the continuing care retirement community, creditors, owners of the continuing care retirement community, and to the public. (c) Before issuing any order terminating the rehabilitation proceeding the court shall consider a full report and accounting by the administrator regarding the provider’s affairs, including the conduct of the provider’s officers, employees, and business during the rehabilitation and the provider’s current financial condition. (d) Upon issuance of an order terminating the rehabilitation, the department shall reinstate the provisional certificate of authority or certificate of authority. The department may condition, suspend, or revoke the reinstated certificate only upon a change in the conditions existing at the time of the order or upon the discovery of facts which the department determines would have resulted in a denial of the request for an order terminating the rehabilitation had the court been aware of these facts. (Amended by Stats. 2000, Ch. 820, Sec. 75. Effective January 1, 2001.)
  72. 1793.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department may issue citations for certain violations, require abatement, and assess civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.6. (a) The department may issue citations pursuant to this section containing orders of abatement and assessing civil penalties against any entity that violates Section 1771.2 or 1793.5. (b) If upon inspection or investigation, the department has probable cause to believe that an entity is violating Section 1771.2 or 1793.5, the department may issue a citation to that entity. Each citation shall be in writing and shall describe with particularity the basis of the citation. Each citation shall contain an order of abatement. In addition to the administrative fines imposed pursuant to Section 1793.27, an entity that violates the abatement order shall be liable for a civil penalty in the amount of two hundred dollars ($200) per day for violation of the abatement order. (c) The civil penalty authorized in subdivision (b) shall be imposed if a continuing care retirement community is operated without a provisional certificate of authority or certificate of authority and the operator refuses to seek a certificate of authority or the operator seeks a certificate of authority and the application is denied and the operator continues to operate the continuing care retirement community without a provisional certificate of authority or certificate of authority, unless other remedies available to the department, including prosecution, are deemed more appropriate by the department. (d) Service of a citation issued under this section may be made by certified mail at the last known business address or residence address of the entity cited. (e) Within 15 days after service of a citation under this section, an entity may appeal in writing to the department with respect to the violations alleged, the scope of the order of abatement, or the amount of civil penalty assessed. (f) If the entity cited fails without good cause to appeal in writing to the department within 15 business days after service of the citation, the citation shall become a final order of the department. The department may extend the 15-day period for good cause, to a maximum of 15 additional days. (g) If the entity cited under this section makes a timely appeal of the citation, the department shall provide an opportunity for a hearing. The department shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation or directing other appropriate relief. The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted therein. (h) After exhaustion of the review procedures specified in this section, the department may apply to the appropriate superior court for a judgment in the amount of the civil penalty and an order compelling the cited entity to comply with the order of abatement. The application, which shall include a certified copy of the final order of the department shall be served upon the cited entity who shall have five business days to file that entity’s response in writing in the superior court. This period may be extended for good cause. Failure on the part of the cited entity to respond shall constitute grounds for entry of a default judgment against that entity. In the event a response is timely filed in superior court, the action shall have priority for trial over all other civil matters. (i) Notwithstanding any other provision of law, the department may waive part or all of the civil penalty if the entity against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a provisional certificate of authority or certificate of authority. (j) Civil penalties recovered pursuant to this section shall be deposited into the Continuing Care Provider Fee Fund. (Amended by Stats. 2000, Ch. 820, Sec. 59. Effective January 1, 2001.)
  73. 1793.60.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    If the department decides rehabilitation is not in residents’ best interests or is not economically feasible, it may seek liquidation or dissolution relief from court; if a liquidation or dissolution order is issued, the department must revoke the provider’s certificate of authority.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.60. (a) If at any time the department determines that further efforts to rehabilitate the provider would not be in the best interest of the residents or prospective residents, or would not be economically feasible, the department may apply to the court for an order of liquidation and dissolution or may apply for other appropriate relief for dissolving the property and bringing to conclusion its business affairs. (b) Upon issuance of an order directing the liquidation or dissolution of the provider, the department shall revoke the provider’s provisional certificate of authority or certificate of authority. (Amended by Stats. 2011, Ch. 32, Sec. 16. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
  74. 1793.62.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. )

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    The department, administrator, or any interested person may ask the court to end rehabilitation proceedings, but the court cannot issue that order unless the listed findings and report requirements are satisfied.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 8. Appointment of Administrators [1793.50 - 1793.62] ( Article 8 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.62. (a) The department, administrator, or any interested person, upon due notice to the parties, may petition the court for an order terminating the rehabilitation proceedings when the rehabilitation efforts have not been successful, the continuing care retirement community has been sold at foreclosure sale, the provider is the subject of an order for relief in bankruptcy, or the provider has otherwise been shown to be unable to perform its obligations under the continuing care contracts. (b) The court shall not issue the order requested pursuant to subdivision (a) unless all of the following have occurred: (1) There has been a full hearing and the court has determined that the provider is unable to perform its contractual obligations. (2) The administrator has given the court a full and complete report and financial accounting signed by the administrator as being a full and complete report and accounting. (3) The court has determined that the residents of the continuing care retirement community have been protected to the extent possible and has made such orders in this regard as the court deems proper. (Amended by Stats. 2009, Ch. 500, Sec. 49. (AB 1059) Effective January 1, 2010.)
  75. 1793.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    Certain permits and certificates are automatically forfeited if specified events happen.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.7. A permit to accept deposits, a provisional certificate of authority, or a certificate of authority shall be forfeited by operation of law when any one of the following occurs: (a) The applicant terminates marketing for the proposed continuing care retirement community. (b) The applicant or provider surrenders to the department its residential care facility for the elderly license, the permit to accept deposits, provisional certificate of authority, or certificate of authority for a continuing care retirement community. (c) The applicant or provider sells or otherwise transfers all or part of the continuing care retirement community. (d) A change occurs in the majority ownership of the continuing care retirement community or the certificate of authority holder. (e) The applicant or provider merges with another entity. (f) The applicant or entity makes a material change in a pending application which requires a new application pursuant to subdivision (c) of Section 1779.8. (g) The applicant or provider moves the continuing care retirement community from one location to another without the department’s prior approval. (h) The applicant or provider abandons the continuing care retirement community or its obligations under the continuing care contracts. (i) The applicant or provider is evicted from the continuing care retirement community premises. (Amended by Stats. 2000, Ch. 820, Sec. 60. Effective January 1, 2001.)
  76. 1793.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    A Certificate of Authority is automatically inactivated when a provider stops entering into continuing care contracts with new residents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.8. A Certificate of Authority shall be automatically inactivated when a provider voluntarily ceases to enter into continuing care contracts with new residents. The provider shall notify the department of its intention to cease entering into continuing care contracts and shall continue to comply with all provisions of this chapter until all continuing care contract obligations have been fulfilled. (Amended by Stats. 2000, Ch. 820, Sec. 61. Effective January 1, 2001.)
  77. 1793.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. )

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    When a continuing care retirement community is closing, the provider must give written notice at least 120 days before the planned closure and must include the residents’ rights statement.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. ) ## 1793.80. (a) Notwithstanding any other provisions of law, a provider regulated under this chapter shall, no less than 120 days prior to the intended date of the permanent closure of a continuing care retirement community facility, as defined in paragraph (3) of subdivision (p) of Section 1771, provide written notice to the department and to the affected residents and their designated representatives. The notice shall contain the following statement of residents’ rights under this article, in no less than 12-point type: “This facility is planned for permanent closure on or after [state date of closure] that will require you to vacate your living unit. Residents of continuing care retirement communities in California have certain rights and continuing care community providers have certain responsibilities when a continuing care community closes. Those rights include, but are not limited to, the following: 1. Prior to closing, the provider shall provide a permanent closure plan to the Continuing Care Contracts Branch of the State Department of Social Services that describes the options available to residents for relocating to another part of the facility, or another facility or the compensation to be provided to residents. 2. No action can be taken to relocate any resident or to close the facility until the permanent closure and relocation plan has been prepared and provided to the department, the affected residents of the facility and their designated representatives, and to the local long-term care ombudsman program.” (b) Upon service of the closure notice when closure is planned for all units in a facility, the provider is prohibited from accepting new residents or entering into new continuing care contracts at the facility being closed. (Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
  78. 1793.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. )

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    Before a continuing care retirement community permanently closes, the provider must give a written closure and relocation plan to residents, their representatives, the department, and the local ombudsman program.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. ) ## 1793.81. No less than 90 days prior to the permanent closure of the continuing care retirement community facility, as defined in paragraph (3) of subdivision (p) of Section 1771, the provider shall provide to the department, the affected residents of the facility and their designated representatives, and to the local long-term care ombudsman program, a written closure and relocation plan. The plan shall contain all of the following information: (a) The number of affected residents at each level of care in the continuing care retirement community facility. (b) Assessment of unique service and care needs, if applicable, for all of the following: (1) Affected residents in skilled nursing and special care. (2) Affected residents in assisted living units. (3) Affected residents in the residential living units who require assistance with three or more activities of daily living, and other residents upon request. (c) An explanation on how comparable care, if applicable, and comparable replacement housing will be provided. (d) A detailed description of the services the provider will provide to residents to assist them in relocating, including, but not limited to, reasonable costs of moving, storage, if applicable, and transportation that shall be arranged by the provider in consultation with the resident and his or her designated representative, and paid for directly by the provider. (e) The names and addresses of other continuing care retirement communities operated by the provider and whether there are openings available to the residents. (f) The names and addresses of other continuing care retirement communities within 30 miles of the closing continuing care retirement community facility that provide comparable replacement housing and care, if applicable, to those offered at the facility that is scheduled for closure, and whether the facilities have immediate openings available to residents of the closing facility. (g) A description of how the facility will comply with the requirements of Section 1793.82. The plan shall describe or identify the replacement facility or facilities and the procedure by which a resident can select a replacement facility. In no case shall the plan for replacement housing require a resident to pay more than he or she is presently paying for comparable housing and care, other than normal rate increases. Any proposed monetary compensation shall be fair and reasonable and shall represent the estimated cost to the resident of securing comparable replacement housing and care under terms similar to the contract between resident and provider. (h) A statement regarding the availability of a licensed medical or geriatric professional to advise the resident, the resident’s representative, and the provider regarding the transfer of the resident. Upon request by the resident or the resident’s representative, the provider shall make available the services of a licensed medical or geriatric professional to advise the resident, the resident’s representative, and the provider regarding the transfer of the resident. The provider may place a reasonable limit on the cost of the services of the medical or geriatric professional. (Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
  79. 1793.82.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. )

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    If a continuing care provider permanently closes, it must offer residents four choices and meet the specified relocation and cost rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. ) ## 1793.82. (a) In the case of a permanent closure, the provider shall offer the resident the choice of the following four options, the terms of which shall not be less than the terms of the continuing care contract entered into between the resident and the provider as if that contract had been fully performed: (1) Relocation to another continuing care facility owned or operated by the provider, if available. (2) Relocation to a continuing care facility that is not owned by the provider. (3) Monetary compensation equal to the value of the remainder of the contract as if the contract had been fully performed. (4) An alternative arrangement that is mutually agreed upon by the provider and the resident or his or her representative. (b) Replacement housing offered pursuant to paragraph (1) or (2) of subdivision (a) shall be housing that is, overall, comparable in cost, size, services, features, and amenities to the unit being vacated. If the resident chooses either of the replacement housing options in paragraph (1) or (2) of subdivision (a), the provider shall provide the reasonable costs of moving, storage, if applicable, and transportation. (c) Notwithstanding subdivision (a), for a resident under a life care contract, the provider shall secure replacement housing and care at a comparable facility for the resident at no additional cost to the resident. The replacement housing and care shall comply with subdivision (l) of Section 1771 and subdivision (b) of Section 1788. (d) The provider may provide relocation pursuant to paragraph (2) of subdivision (a) on a month-to-month basis, provided that the terms are otherwise consistent with subdivision (a). After 120 days, a resident selecting a facility not owned by the provider may not seek monetary compensation pursuant to paragraph (3) of subdivision (a). (Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
  80. 1793.83.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. )

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    After a permanent closure, the provider must fund a reserve, trust fund, or performance bond within 30 days after submitting the relocation plan.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. ) ## 1793.83. (a) When there is a permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, within 30 days of submitting the relocation plan to the department, the provider shall fund a reserve, set up a trust fund, or secure a performance bond to ensure the fulfillment of the obligations and commitments associated with the relocation plan. The amount of the reserve trust fund or performance bond shall be equal to or greater than the estimated costs of relocating residents and the costs associated with the relocation options pursuant to Section 1793.81 and subdivision (a) of Section 1793.82. (b) The reserve, trust fund, or performance bond shall be funded with qualifying assets enumerated in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1792.2 and shall not be subject to any liens, judgments, garnishments, or creditor’s claims. (Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
  81. 1793.84.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. )

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    A provider closing a continuing care retirement community must file monthly progress reports, and may not relocate residents or close the facility until the required relocation plan has been prepared and shared. The department must monitor the closure process and can use its Article 7 powers if the closure violates the article or endangers residents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 9. Continuing Care Retirement Community Closures [1793.80 - 1793.84] ( Article 9 added by Stats. 2009, Ch. 442, Sec. 3. ) ## 1793.84. (a) The provider shall submit monthly progress reports to the department detailing the progress and problems associated with the permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, until all affected residents are relocated and all required payments to, or on behalf of, affected residents are made. (b) The department shall monitor the implementation of the permanent closure as defined in paragraph (3) of subdivision (p) of Section 1771 and relocation plan as necessary to ensure full compliance by the provider. If the department determines that a provider is closing a facility in violation of this article or is doing so in a manner that endangers the health or safety of residents, it shall exercise its powers under Article 7 (commencing with Section 1793.5). (c) No action shall be taken by the provider to relocate any resident or to close the facility until the relocation plan required by Section 1793.81 has been prepared and provided to the department, the affected residents of the facility and their designated representatives, and to the local long-term ombudsman program. (Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
  82. 1793.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. )

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    In a receivership or liquidation, certain claims against a provider get preferred status, and refundable-contract residents get priority to refund reserve assets if the provider is liquidated.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 7. Offenses and Penalties [1793.5 - 1793.31] ( Article 7 added by Stats. 1990, Ch. 875, Sec. 2. ) ## 1793.9. (a) In the event of receivership or liquidation, all claims made against a provider based on the provider’s continuing care contracts shall be preferred claims against all assets owned by the provider. However, these preferred claims shall be subject to any perfected claims secured by the provider’s assets. (b) If the provider is liquidated, residents who have executed a refundable continuing care contract shall have a preferred claim to liquid assets held in the refund reserve pursuant to Section 1792.6. This preferred claim shall be superior to all other claims from residents without refundable contracts or other creditors. If this fund and any other available assets are not sufficient to fulfill the refund obligations, each resident shall be distributed a proportionate amount of the refund reserve funds determined by dividing the amount of each resident’s refund due by the total refunds due and multiplying that percentage by the total funds available. (c) For purposes of computing the reserve required pursuant to Sections 1792.2 and 1793, the liens required under Section 1793.15 are not required to be deducted from the value of real or personal property. (Amended by Stats. 2002, Ch. 553, Sec. 5. Effective January 1, 2003.)
  83. 1793.90.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 10. Temporary Relocation of Residents [1793.90 - 1793.91] ( Article 10 added by Stats. 2010, Ch. 443, Sec. 3. )

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    Providers must give advance notice and arrange relocation support for residents moved temporarily, including comparable replacement housing and certain costs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 10. Temporary Relocation of Residents [1793.90 - 1793.91] ( Article 10 added by Stats. 2010, Ch. 443, Sec. 3. ) ## 1793.90. (a) All providers shall include in resident contracts the procedures to be followed to ensure that residential temporary relocations provide comparable levels of care, services, and living accommodations as described in the resident’s contract. (b) The provider shall notify the resident of the impending relocation at least 60 days in advance of the relocation. (c) The provider shall meet with the resident and, at the resident’s request, family members or other individuals, at least 30 days in advance of the transfer to discuss all aspects of the transfer, including, but not limited to, the rights, requirements, and procedures set forth in this article. Notice of this meeting shall be provided in writing and at least seven days in advance of the meeting and shall include all of the following information: (1) The date of the transfer. (2) The available replacement unit or units and monthly fees. (3) The time when the resident will be able to inspect the replacement unit or units. (4) The estimated date when the resident will be able to return to his or her unit or may move to a substitute permanent unit. (d) If accommodations are not available at a continuing care retirement community operated by the provider within a 30-mile radius, the provider shall be required to provide a unit in a facility, agreed to by the resident, that most closely provides the services, size, features, and amenities provided in the unit being vacated. (e) The provider shall be required to arrange and pay for all moving costs to the new facility and moving costs to the reconstructed facility, if the resident returns, as well as storage costs. (f) The resident shall only be required to pay to the provider the monthly fee required in the resident’s contract, or the monthly fee in the new facility, whichever is less. The provider shall be required to make payment to the facility to which the resident is relocated. (g) Upon request by the resident or the resident’s representative, the provider shall make available the services of a licensed medical or geriatric professional to advise the resident, the resident’s representative, and the provider regarding the relocation of the resident. The provider may place a reasonable limit on the cost of the services of the medical or geriatric professional. (h) The provider shall identify unique service and care needs, if applicable, for a resident directly affected by the residential temporary relocation. The unique services and care needs identified shall be in writing and shall become a part of the resident’s plan of care. (Amended by Stats. 2011, Ch. 296, Sec. 148. (AB 1023) Effective January 1, 2012.)
  84. 1793.91.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 10. Temporary Relocation of Residents [1793.90 - 1793.91] ( Article 10 added by Stats. 2010, Ch. 443, Sec. 3. )

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    Providers must give relocation notices and procedures, and residents get a right to return to their former or a comparable unit without extra entrance or accommodation fees.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Continuing Care Contracts [1770 - 1793.91] ( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. ) ## ARTICLE 10. Temporary Relocation of Residents [1793.90 - 1793.91] ( Article 10 added by Stats. 2010, Ch. 443, Sec. 3. ) ## 1793.91. The provider shall set forth specific procedures for the resident to follow regarding relocation to the unit originally vacated, the selection of a new unit, and timeframes for making choices. Procedures for returning the relocated resident when residential units will be ready for occupancy shall include all of the following: (a) The provider shall provide the resident at least 60 days notice of the return to his or her unit or a substitute permanent unit, and subsequent notices 30 days and seven days prior to the return date. (b) The resident shall have the right to return to his or her previously occupied unit or a unit comparable in services, size, features, and amenities to the unit originally vacated, without payment of any further entrance or accommodation fee. The provider is not required to guarantee a specific unit. Assignment of units shall be based upon the length of occupancy of returning residents. (c) If the residential temporary relocation of a resident of a continuing care retirement community will exceed 18 months, the resident shall have all options allowed by Section 1793.82, unless there is a written agreement between the affected resident and the provider as described in subdivision (d). (d) If a provider determines that the period of residential temporary relocation, as defined in paragraph (8) of subdivision (r) of Section 1771, will exceed 18 months, the provider may extend the period of residential temporary relocation for up to six months for an affected resident if that resident has agreed to the extension in writing. The written agreement shall state that by signing, the resident waives all rights to relocation options offered in Section 1793.82 for the period of the extension. (Added by Stats. 2010, Ch. 443, Sec. 3. (AB 1433) Effective January 1, 2011.)
  85. 17930.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 3. Appeals [17930 - 17932] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 438. )

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    The director or the director’s designee must hear certain appeals, and appeals must be submitted through the designated local agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 3. Appeals [17930 - 17932] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 438. ) ## 17930. Except as provided in Section 18945, the director or the director’s designee shall hear appeals brought by any person as to the application of any rule or regulation promulgated pursuant to this part, except a building standard published in the State Building Standards Code, to such person under any facts and circumstances presented to the director or the director’s designee by the person alleging that the application or enforcement of any other rule or regulation by the department under the facts and circumstances is an erroneous or unlawful application or enforcement of the other rule or regulation by the department. Any appeal shall be submitted through the designated local agency. Any appeal alleging erroneous or unlawful application by the department of a building standard published in the State Building Standards Code may be brought pursuant to the provisions of Chapter 5 (commencing with Section 18945) of Part 2. 5. The director or the director’s designee shall not, however, hear any appeals regarding local regulations which have been adopted pursuant to Sections 17958.5 and 17958.7. (Amended by Stats. 1982, Ch. 1020, Sec. 1.)
  86. 17931.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 3. Appeals [17930 - 17932] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 438. )

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    The department may make rules about hearing appeals, and those rules must follow the Government Code procedure in Chapter 3.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 3. Appeals [17930 - 17932] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 438. ) ## 17931. The department may promulgate rules pertaining to hearing appeals. All rules shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 1020, Sec. 2.)
  87. 17932.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 3. Appeals [17930 - 17932] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 438. )

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    A decision made by the director or the director’s designee under Section 17930 is final, except for any court action allowed or required by law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 3. Appeals [17930 - 17932] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 438. ) ## 17932. A decision of the director or the director’s designee made pursuant to Section 17930 is final, except for such action as may be taken by a court as permitted or required by law. (Amended by Stats. 1982, Ch. 1020, Sec. 3.)
  88. 1795.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12. Family Notification [1795- 1795.] ( Chapter 12 added by Stats. 2002, Ch. 272, Sec. 1. )

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    Certain care facilities must make reasonable efforts to contact the resident’s listed contact person or responsible person within 24 hours after a significant change in the resident’s health or mental status.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12. Family Notification [1795- 1795.] ( Chapter 12 added by Stats. 2002, Ch. 272, Sec. 1. ) ## 1795. (a) Notwithstanding any other provision of law, a skilled nursing facility as defined in subdivision (c) of Section 1250, any intermediate care facility, as defined in subdivision (d), (e), (g), and (h) of Section 1250, a congregate living facility, as defined in subdivision (i) of Section 1250, or a hospice facility, as defined in subdivision (n) of Section 1250, shall make reasonable efforts to contact the person named in the resident’s admission agreement as the resident’s contact person, or the resident’s responsible person, within 24 hours after a significant change in the resident’s health or mental status. (b) Notwithstanding any other provision of law, a residential care facility for the elderly, as defined in subdivision (k) of Section 1569.2, shall make reasonable efforts to contact the person named in the resident’s admission agreement as the resident’s contact person, or the resident’s responsible person, within 24 hours after a significant change in the resident’s health or mental status. (Amended by Stats. 2012, Ch. 673, Sec. 10. (SB 135) Effective January 1, 2013.)
  89. 17950.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    This part, related building standards, and certain related rules and regulations apply throughout the state.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17950. The provisions of this part, the building standards published in the State Building Standards Code, or the other rules and regulations promulgated pursuant to the provisions of this part which relate to apartment houses, hotels, motels, and dwellings, and buildings and structures accessory thereto, apply in all parts of the state. (Amended by Stats. 1979, Ch. 1152.)
  90. 17951.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Local governments may charge certain building-related fees, but fee amounts are capped, a fee schedule must be posted for residential building permits, and permit fees may be reimbursed if an inspection is not done within 60 days after notice of completion.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part. (2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the county’s or city’s internet website. (b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies. (c) The amount of the fees prescribed pursuant to paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code. (d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision. (e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department. (2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health. (3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owner’s agent by an approved testing agency selected by the owner or the owner’s agent. (Amended by Stats. 2025, Ch. 487, Sec. 3. (AB 253) Effective October 10, 2025.)
  91. 17951.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities, counties, and city and counties may waive or reduce building permit fees for home improvements made to accommodate a veteran’s qualifying disability.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17951.5. (a) Notwithstanding Section 17951, each city, county, or city and county may waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability. (b) “Qualifying disability” means a disability that is recognized as service connected by the United States Department of Veterans Affairs. (Added by Stats. 2017, Ch. 281, Sec. 1. (SB 330) Effective January 1, 2018.)
  92. 17951.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities, counties, and city and counties may waive or reduce building permit fees for home improvements made to accommodate a qualifying disability for a person age 60 or older. If a local entity does so, it must adopt an ordinance for a standard application form and proof requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17951.7. (a) Notwithstanding Section 17951, each city, county, or city and county may waive or reduce all building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability. (b) A local entity that chooses to waive or reduce building permit fees pursuant to subdivision (a) shall adopt an ordinance to establish a standard application form that may be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability. (c) “Qualifying disability” means a physical or mental disability as defined in subdivisions (j) and (m) of Section 12926 of the Government Code. (Added by Stats. 2018, Ch. 386, Sec. 1. (AB 2132) Effective January 1, 2019.)
  93. 17952.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    If a city, county, or fire protection district does not enforce the cited rules after written notice, the department may step in to enforce them.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17952. (a) In the event of nonenforcement of this part, or the building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to the provisions of this part, such provisions, building standards or other rules and regulations shall be enforced by the department in any city or county after the department has given written notice to the governing body of that city or county or fire protection district, as the case may be, of a violation of this part, those building standards, or the other rules or regulations promulgated pursuant to the provisions of this part and the city or county has failed to initiate proceedings to secure correction of the violation within 30 days of the date of that notice. The city or county or fire protection district may request a hearing before the department pursuant to Section 17930 within the 30 days to show cause for nonenforcement. Enforcement by the department shall not be initiated until the decision of the department, adverse to the city or county or fire protection district, is rendered. (b) In the event of enforcement by the department pursuant to subdivision (a), the costs incurred by the department for such enforcement shall be borne by such city, or county, or city and county, or fire protection district. The department may assess fees to defray the costs of enforcement, thereby reducing the cost to be borne by the city, county, city and county, or fire protection district, but the department need not assess such fees and may not require the city, county, city and county, or fire protection district to assess fees to offset department costs. (Amended by Stats. 1997, Ch. 645, Sec. 8. Effective January 1, 1998.)
  94. 17953.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities and counties must adopt an ordinance requiring a preliminary soil report for certain subdivisions, but the report can be waived if the local enforcement agency decides it is unnecessary.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17953. Each city, county, and city and county shall enact an ordinance which requires a preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations, of every subdivision, where a tentative and final map is required pursuant to Section 66426 of the Government Code. The preliminary soil report may be waived if the building department of the city, county or city and county, or other enforcement agency charged with the administration and enforcement of the provisions of this part, shall determine that, due to the knowledge such department has as to the soil qualities of the soil of the subdivision or lot, no preliminary analysis is necessary. (Amended by Stats. 1975, Ch. 24.)
  95. 17954.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    If a preliminary soil report shows critically expansive soils or other soil problems that could cause structural defects, the ordinance must require a soil investigation for each lot in the subdivision.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17954. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, such ordinance shall require a soil investigation of each lot in the subdivision. The soil investigation shall be prepared by a civil engineer who is registered in this state. It shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. (Added by Stats. 1965, Ch. 1001.)
  96. 17955.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Local building or enforcement agencies must approve a soil investigation when the recommended action is likely to prevent structural damage, and the ordinance must require that the approved action be included in construction as a permit condition.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17955. The building department of each city, county, or city and county, or other enforcement agency charged with the administration and enforcement of the provisions of this part, shall approve the soil investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed. As a condition to the building permit, the ordinance shall require that the approved recommended action be incorporated in the construction of each dwelling. Appeal from such determination shall be to the local appeals board. (Added by Stats. 1965, Ch. 1001.)
  97. 17956.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    A city, county, city and county, or other enforcement agency charged with enforcing this part is not liable for injuries arising from acts or omissions covered by Sections 17953, 17954, or 17955.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17956. A city, county, or city and county or other enforcement agency charged with the administration and enforcement of the provisions of this part, is not liable for any injury which arises out of any act or omission of the city, county or city and county, or other enforcement agency, or a public employee or any other person under Section 17953, 17954, or 17955. (Added by Stats. 1965, Ch. 1001.)
  98. 17957.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Local governing bodies may pass an ordinance setting an alternate procedure that is equal to or stricter than the procedure in Sections 17953, 17954, and 17955.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17957. The governing body of any city, county, or city and county may enact an ordinance prescribing an alternate procedure which is equal to or more restrictive than the procedure specified in Sections 17953, 17954, and 17955. (Added by Stats. 1965, Ch. 1001.)
  99. 17958.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities and counties may change certain local building-standard provisions, but for residential units they are barred from making such changes from October 1, 2025 through June 1, 2031 unless a listed exception applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958. (a) Except as provided in subdivision (b), and in Sections 17958.8 and 17958.9, any city or county may make changes in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations thereafter adopted pursuant to Section 17922 to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings pursuant to Sections 17958.5 and 17958.7. If any city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Standards Code or the other regulations promulgated pursuant to Section 17922 shall be applicable to it and shall become effective 180 days after publication by the California Building Standards Commission. Amendments, additions, and deletions to the California Building Standards Code adopted by a city or county pursuant to Section 17958.7, together with all applicable portions of the California Building Standards Code, shall become effective 180 days after publication of the California Building Standards Code by the California Building Standards Commission. (b) Commencing October 1, 2025, to June 1, 2031, inclusive, a city or county shall not make changes that are applicable to residential units in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations thereafter adopted pursuant to Section 17922 to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings pursuant to Sections 17958.5 and 17958.7, unless one of the following conditions is met: (1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025. (2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to Section 13869.7. (5) The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy. (6) The changes or modifications are related to administrative practices, are proposed for adoption during the intervening period pursuant to Section 18942, and exclusively result in any of the following: (A) Reductions in time for a local agency to issue a postentitlement permit. (B) Alterations to a local agency’s postentitlement fee schedule. (C) Modernization of, or adoption of, new permitting platforms and software utilized by the local agency. (D) Reductions in cost of internal operation for a local agency. (E) Establishment, alteration, or removal of local programs related to enforcement of building code violations or complaints alleging building code violations. (Amended by Stats. 2025, Ch. 22, Sec. 29. (AB 130) Effective June 30, 2025.)
  100. 17958.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Local governments may allow small efficiency units by ordinance, but they may not cap them in certain residential areas near transit or university campuses.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.1. (a) Notwithstanding Sections 17922, 17958, and 17958.5, a city, county, or city and county may, by ordinance, permit efficiency units for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities, as specified by the ordinance. In all other respects, these efficiency units shall conform to minimum standards for those occupancies otherwise made applicable pursuant to this part. (b) “Efficiency unit,” as used in this section, has the same meaning specified in the International Building Code of the International Code Council, as incorporated by reference in Part 2 of Title 24 of the California Code of Regulations. (c) A city, county, or city and county shall not do any of the following: (1) Limit the number of efficiency units in an area zoned for residential use and located within one-half mile of public transit or where there is a car share vehicle located within one block of the efficiency unit. (2) Limit the number of efficiency units in an area zoned for residential use and located within one mile of a University of California or California State University campus. (3) For purposes of this subdivision, any requirements related to density, setbacks, lot coverage, or height restrictions established by local ordinance are not considered a limit on the number of efficiency units. (Amended by Stats. 2017, Ch. 400, Sec. 1. (AB 352) Effective January 1, 2018.)
  101. 17958.11.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities and counties may adopt alternative building regulations for converting commercial or industrial buildings into joint living and work quarters.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.11. (a) Any city or county may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint living and work quarters. As used in this section, “joint living and work quarters” means residential occupancy by a family maintaining a common household, or by not more than four unrelated persons, of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which include (1) cooking space and sanitary facilities in conformance with local building standards adopted pursuant to Section 17958 or 17958.5 and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein. The alternative building regulations adopted pursuant to this section shall be applicable in those geographic areas specifically designated for such occupancy, or as expressly permitted by a redevelopment plan with respect to a redevelopment project area. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to Section 17922, except as otherwise provided in this section, but in permitting repairs, alterations, and additions necessary to accommodate joint living and work quarters, the alternative building regulations shall impose such requirements as will, in the determination of the local governing body, protect the public health, safety, and welfare. (b) The Legislature hereby finds and declares that a substantial number of manufacturing and commercial buildings in urban areas have lost manufacturing and commercial tenants to more modern manufacturing and commercial premises, and that the untenanted portions of such buildings constitute a potential resource capable, when appropriately altered, of accommodating joint living and work quarters which would be physically and economically suitable particularly for use by artists, artisans, and similarly-situated individuals. The Legislature further finds that the public will benefit by making such buildings available for joint living and work quarters for artists, artisans, and similarly-situated individuals because (1) conversion of space to joint living and work quarters provides a new use for such buildings contributing to the revitalization of central city areas, (2) such conversion results in building improvements and rehabilitation, and (3) the cultural life of cities and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts. (c) The Legislature further finds and declares that (1) persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of materials therefor, and of the products thereof, than are regularly found in dwellings, (2) the financial remunerations to be obtained from a career in the arts are generally small, (3) persons regularly engaged in the arts generally find it financially difficult to maintain quarters for their artistic endeavors separate and apart from their places of residence, (4) high property values and resulting rental costs make it particularly difficult for persons regularly engaged in the arts to obtain the use of the amount of space required for their work, and (5) the residential use of such space is accessory to the primary use of such space as a place of work. It is the intent of the Legislature that local governments have discretion to define geographic areas which may be utilized for joint living and work quarters and to establish standards for such occupancy, consistent with the needs and conditions peculiar to the local environment. The Legislature recognizes that building code regulations applicable to residential housing may have to be relaxed to provide joint living and work quarters in buildings previously used for commercial or industrial purposes. (Added by Stats. 1979, Ch. 434.)
  102. 17958.12.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    The department must propose a building standard that would let local enforcement officials determine a residential unit’s construction date and issue a retroactive building permit when no permit record exists.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.12. (a) The Legislature hereby finds and declares the following: (1) Building officials, pursuant to this code and the California Building Standards Code, have broad authority as part of their enforcement authority to render interpretations of the code and to adopt policies and procedures to clarify the application of its provisions. (2) A building official has the discretion to apply the building standards that were in effect at the time a residential unit was constructed. This is permissible under the authority to grant modifications on a case-by-case basis and the authority of a building department to approve a material, appliance, installation, device, arrangement, or method if it finds that the design is satisfactory and equivalent to the building standards code. Several jurisdictions were not aware of this existing authority. (3) It is the intent of the Legislature to clarify that when a building permit for a residential unit does not exist, the appropriate enforcement official may make a determination of when a residential unit was constructed and then apply the California Building Standards Code and other specified rules and regulations in effect when the residential unit was determined to be constructed for purposes of issuing a building permit for the residential unit. (b) The department shall propose the adoption of a building standard to the California Building Standards Commission pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 to authorize, when a record of the issuance of a building permit for the construction of an existing residential unit does not exist, a local enforcement official to determine the date of construction of that residential unit, apply this part, the building standards in the California Building Standards Code, and other specified rules and regulations in effect on that date of construction to that residential unit, and issue a retroactive building permit for that construction. This authorization shall be consistent with the findings and declarations of subdivision (a). (c) This section is declaratory of existing law. (Added by Stats. 2018, Ch. 1010, Sec. 1. (SB 1226) Effective January 1, 2019.)
  103. 17958.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Department regulations for limited-density owner-built rural dwellings do not apply in a city or county until the local governing body makes an express finding and files it with the department.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.2. (a) Notwithstanding Section 17958, regulations of the department adopted for limited-density owner-built rural dwellings, which are codified in Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations, shall not become operative within any city or county unless and until the governing body of the city or county makes an express finding that the application of those regulations within the city or county is reasonably necessary because of local conditions and the city or county files a copy of that finding with the department. (b) In adopting ordinances or regulations for limited-density owner-built rural dwellings, a city or county may make any changes or modifications in the requirements contained in Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations that it determines are reasonably necessary because of local conditions, if the city or county files a copy of the changes or modifications and the express findings for the changes or modifications with the department. No change or modification of that type shall become effective or operative for any purpose until the finding and the change or modification has been filed with the department. (Amended by Stats. 2000, Ch. 471, Sec. 6. Effective January 1, 2001.)
  104. 17958.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Residential hotels must provide a locking mail receptacle for each residential unit and keep it compliant with USPS and Fair Housing Act requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.3. (a) All residential hotels, as defined by paragraph (1) of subdivision (b) of Section 50519, shall provide a locking mail receptacle for each residential unit, consistent with the applicable standards for apartment housing mail receptacles in the United States Postal Service Domestic Mail Manual. Installation and maintenance of each mail receptacle shall meet all of the specifications and requirements of the United States Postal Service. (b) Notwithstanding the date of construction of the residential hotel, each mail receptacle shall comply with the requirements of the Fair Housing Act (42 U.S.C. Sec. 3601). (c) Notwithstanding Sections 17922, 17958, and 17958.5, a city, county, or city and county may enact and enforce ordinances which provide greater protections, additional standards, and increased remedies with respect to the provision of a locking mail receptacle for each residential unit in a residential hotel. (d) This section shall become operative on July 1, 2008. (Added by Stats. 2007, Ch. 599, Sec. 2. Effective January 1, 2008. Section operative July 1, 2008, by its own provisions.)
  105. 17958.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities and counties may set a compliance date by ordinance for safety release mechanisms on security window bars in residential property.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.4. (a) Any city, county, or city and county, may, by ordinance, establish a date by which all residential real property with security window bars on bedroom windows shall meet current state and local requirements for safety release mechanisms on security window bars consistent with the applicable standards in the 1995 edition of the California Building Standards Code, or, for safety release mechanisms on security window bars installed on or after January 1, 2008, the current edition of the California Building Standards Code, and any changes thereto made by the city, county, or city and county pursuant to Section 17958. (b) Disclosures of the existence of any safety release mechanism on any security window bar shall be made in writing, and may be included in existing transactional documents, including, but not limited to, a real estate sales contract or receipt for deposit, or a transfer disclosure statement pursuant to Section 1102.6 or 1106.6a of the Civil Code. (c) Enforcement of an ordinance adopted pursuant to subdivision (a) shall not apply as a condition of occupancy or at the time of any transfer that is subject to the Documentary Transfer Tax Act, Part 6.7 (commencing with Section 11901) of the Revenue and Taxation Code. (Amended by Stats. 2007, Ch. 596, Sec. 5. Effective January 1, 2008.)
  106. 17958.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities and counties may make certain local building-code modifications, but from Oct. 1, 2025 through June 1, 2031 they may not make residential-unit-related changes unless a listed exception applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.5. (a) Except as provided in subdivision (c) and in Section 17922.6, in adopting the ordinances or regulations pursuant to Section 17958, a city or county may make those changes or modifications in the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922, including, but not limited to, green building standards, as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions. (b) For purposes of this section, a city or county may make reasonably necessary modifications to the requirements, adopted pursuant to Section 17922, including, but not limited to, green building standards, contained in the provisions of the code and regulations on the basis of local conditions. (c) Commencing October 1, 2025, to June 1, 2031, inclusive, a city or county shall not make a change or modification as described in subdivision (a) or (b), including to green building standards, that is applicable to residential units, unless one of the following conditions is met: (1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025. (2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7. (5) The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy. (6) The changes or modifications are related to administrative practices, are proposed for adoption during the intervening period pursuant to Section 18942, and exclusively result in any of the following: (A) Reductions in time for a local agency to issue a postentitlement permit. (B) Alterations to a local agency’s postentitlement fee schedule. (C) Modernization of, or adoption of, new permitting platforms and software utilized by the local agency. (D) Reductions in cost of internal operation for a local agency. (E) Establishment, alteration, or removal of local programs related to enforcement of building code violations or complaints alleging building code violations. (Amended by Stats. 2025, Ch. 22, Sec. 30. (AB 130) Effective June 30, 2025.)
  107. 17958.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    City or county building-code changes generally must be supported by an express finding and filed with the California Building Standards Commission before taking effect.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.7. (a) Except as provided in subdivision (c) and in Section 17922.6, the governing body of a city or county, before making any modifications or changes pursuant to Section 17958.5, shall make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions. Such a finding shall be available as a public record. A copy of those findings, together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission. No modification or change shall become effective or operative for any purpose until the finding and the modification or change have been filed with the California Building Standards Commission. (b) The California Building Standards Commission may reject a modification or change filed by the governing body of a city or county if no finding was submitted. (c) Commencing October 1, 2025, to June 1, 2031, inclusive, the commission shall reject a modification or change to any building standard affecting a residential unit and filed by the governing body of a city or county, unless one of the following conditions is met: (1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025. (2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7. (5) The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy. (6) The changes or modifications are related to administrative practices, are proposed for adoption during the intervening period pursuant to Section 18942, and exclusively result in any of the following: (A) Reductions in time for a local agency to issue a postentitlement permit. (B) Alterations to a local agency’s postentitlement fee schedule. (C) Modernization of, or adoption of, new permitting platforms and software utilized by the local agency. (D) Reductions in cost of internal operation for a local agency. (E) Establishment, alteration, or removal of local programs related to enforcement of building code violations or complaints alleging building code violations. (d) (1) The commission, in determining that a modification or change meets any of the criteria in paragraph (1) to (5), inclusive, of subdivision (c), may rely on a statement by the local agency to that effect. (2) The changes or modifications made pursuant to paragraph (6) of subdivision (c) may be filed with the commission and shall be reviewed by the commission, in consultation with the Department of Housing and Community Development, within 60 days of receipt, if requested by the local agency. (Amended by Stats. 2025, Ch. 22, Sec. 31. (AB 130) Effective June 30, 2025.)
  108. 17958.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Local building rules must allow certain original materials and construction methods to be used when altering or repairing covered buildings, if the stated code and safety conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.8. Local ordinances or regulations governing alterations and repair of existing buildings shall permit the replacement, retention, and extension of original materials and the use of original methods of construction for any building or accessory structure subject to this part, including a hotel, lodginghouse, motel, apartment house, or dwelling, or portions thereof, as long as the portion of the building and structure subject to the replacement, retention, or extension of original materials and the use of original methods of construction complies with the building code provisions governing that portion of the building or accessory structure at the time of construction, and the other rules and regulations of the department or alternative local standards governing that portion at the time of its construction and adopted pursuant to Section 13143.2 and the building or accessory structure does not become or continue to be a substandard building. (Amended by Stats. 2003, Ch. 474, Sec. 2. Effective January 1, 2004.)
  109. 17958.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Local ordinances or regulations on moving apartment houses and dwellings must allow existing materials and construction methods to be retained after July 1, 1978, if the building meets applicable foundation standards and does not become or remain substandard.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17958.9. Local ordinances or regulations governing the moving of apartment houses and dwellings shall, after July 1, 1978, permit the retention of existing materials and methods of construction so long as the apartment house or dwelling complies with the building standards for foundation applicable to new construction, and does not become or continue to be a substandard building. (Amended by Stats. 1993, Ch. 288, Sec. 2. Effective August 2, 1993.)
  110. 17959.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    This section directs the department to consider and develop universal design guidelines and a model ordinance, hold at least three meetings, and work with other agencies and interested groups. It also lets local governments adopt related ordinances under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17959. (a) No later than December 31, 2003, the department shall consider proposed universal design guidelines for home construction or home modifications which may be submitted by the California Department of Aging, the California Commission on Aging, the Department of Rehabilitation, the office of the State Architect of the Department of General Services, the office of the State Fire Marshal, the California Building Standards Commission, or other state departments. Thereafter, the department, without significantly impacting housing cost and affordability, shall, in consultation with these agencies, develop guidelines and at least one model ordinance for new construction and home modifications that is consistent with the principles of universal design as promulgated by the Center for Universal Design at North Carolina State University or other similar design guidelines that enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home’s occupants or guests in order to accommodate a wide range of individual preferences and functional abilities. In developing these guidelines and model ordinances, the department also shall meet with, and solicit information from, individuals and organizations representing individuals and entities with interests in construction, local governments, the health and welfare of senior citizens and persons with disabilities, architects, and others with expertise in these design and living issues. The department shall ensure that at least three meetings subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of the Government Code) shall occur, that shall include opportunities for government agencies, individuals, and organizations identified in this subdivision to participate and comment on proposed guidelines or draft model ordinances. (b) (1) In addition to the authority granted by Sections 17958.5 and 18941.5, and for the purposes of this section, a city, county, or city and county may, by ordinance, make changes or modifications in addition to or in excess of the requirements contained in the California Building Standards Code adopted pursuant to Sections 17922 and 18928 if the city, county, or city and county makes a finding that the changes and modifications are reasonably necessary and are substantially the same as the guidelines or model ordinances adopted pursuant to subdivision (a). In no case shall the changes or modifications be less restrictive than the requirements published in the California Building Standards Code. (2) A city, county, or city and county adopting an ordinance pursuant to this subdivision shall file a copy of the ordinance and the findings with the department. No such ordinance shall become effective or operative for any purpose until the findings and the ordinance have been filed with the department. The department may review the findings and each ordinance to evaluate their consistency with this subdivision, and shall provide written comments to the adopting entity as to any such evaluation. (c) (1) In a city, county, or city and county where a universal design ordinance has not been adopted pursuant to subdivision (b), developers of housing for senior citizens, persons with disabilities, and other persons and families are encouraged, but not required, to seek information and assistance from the department and the California Department of Aging regarding the principles of universal design specified in subdivision (a) and consider those principles in their construction. (2) The department, the California Department of Aging, and any other interested state agency also may, to the extent feasible, disseminate information to interested persons and entities in all parts of the state regarding the principles of universal design and their relationship to new construction and home modifications. (d) Subdivision (b) shall become operative on January 1, 2005. (Added by Stats. 2002, Ch. 726, Sec. 3. Effective January 1, 2003.)
  111. 17959.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities and counties must generally approve solar energy system applications through ordinary permits, with limited conditions for use permits when there is a good-faith belief of specific public health or safety impact.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17959.1. (a) A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. However, if the building official of the city or county has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, the city or county may require the applicant to apply for a use permit. (b) A city or county may not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This finding shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. (c) Any conditions imposed on an application to install a solar energy system must be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. (d) (1) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation. (3) A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (e) The following definitions apply to this section: (1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost effective method, condition, or mitigation imposed by a city or county on another similarly situated application in a prior successful application for a permit. A city or county shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code. (2) “Solar energy system” has the meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code. (3) A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Amended by Stats. 2016, Ch. 714, Sec. 18. (SB 944) Effective January 1, 2017.)
  112. 17959.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Cities or counties may allow certain habitable-room windows to open into passive solar collector areas, and the department must prepare and submit related building standards by September 1, 1999.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17959.3. (a) It is the intent of the Legislature to encourage the use of passive solar energy design. The Legislature recognizes that building code regulations with regard to natural light and ventilation standards have to be modified to permit existing buildings to be retrofitted with passive solar energy. (b) Notwithstanding Section 17922, any city or county may by ordinance or regulation permit windows required for light and ventilation of habitable rooms in dwellings to open into areas provided with natural light and ventilation which are designed and built to act as passive solar energy collectors. (c) On or before September 1, 1999, the department shall, after consulting with the State Energy Resources Conservation and Development Commission, prepare, adopt, and submit building standards to implement the provisions of this section for approval as part of the California Building Standards Code pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5. (Amended by Stats. 1999, Ch. 643, Sec. 10.5. Effective January 1, 2000.)
  113. 17959.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    The housing appeals board may defer the effective date of an abatement order in cases of extreme hardship. The deferral ends if the owner-occupant sells or transfers the dwelling, but not if the dwelling is occupied by a tenant other than the owner-occupant.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17959.4. The housing appeals board may, in cases of extreme hardship to owner-occupants or tenants of dwellings, provide for deferral of the effective date of orders of abatement. Any deferral of the effective date of an order of abatement under this section shall terminate upon any sale or transfer of the dwelling by the owner-occupant but shall not terminate upon the sale or transfer of the dwelling if the dwelling is occupied by a tenant other than the owner-occupant. (Amended by Stats. 1985, Ch. 1279, Sec. 4.)
  114. 17959.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    The housing appeals board may grant variances from local use zone requirements, on appeal or on the owner’s application, to allow an owner-occupant to build an addition needed to meet occupancy standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17959.5. The housing appeals board may, upon appeal or upon application by the owner, grant variances from local use zone requirements in order to permit an owner-occupant of a dwelling to construct an addition to a dwelling to meet occupancy standards relating the number of persons in a household to the number of rooms or bedrooms. This power of the housing appeals board shall be in addition to, and shall not otherwise affect, the powers of other governmental boards and agencies to allow local use zone variances. (Added by Stats. 1977, Ch. 847.)
  115. 17959.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. )

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    Developers of new for-sale residential housing must give buyers a list of universal accessibility features, and the list must show whether each feature is standard, limited, optional, or unavailable.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 4. Application and Scope [17950 - 17959.6] ( Chapter 4 added by Stats. 1961, Ch. 1844. ) ## 17959.6. (a) Ninety days after the Department of Housing and Community Development certifies and makes available a standard form pursuant to subdivision (h), but in no event sooner than July 1, 2004, for housing developments for which a building permit application is submitted on or after that date, a developer of any new for-sale residential housing development, including, but not limited to, a single family dwelling, duplex, triplex, townhouse, condominium, or other homes, shall provide to a buyer a list of universal accessibility features that would make the home entrance, interior routes of travel, the kitchen, and the bathrooms fully accessible to persons with disabilities. (b) (1) (A) The list shall include the features described in paragraphs (2) to (7), inclusive, and any others that the developer deems necessary or appropriate to effectuate the purposes of this section. (B) To the extent that any of the features described in paragraphs (2) to (7), inclusive, are included in Chapter 11A of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), they shall be listed consistent with, and shall be installed in a manner at least consistent with, that chapter. A developer that lists and installs materials and features in a manner at least consistent with Chapter 11A or successor chapters of the California Building Code, shall be deemed to be in compliance with the requirements of this subparagraph. Other features shall be listed and installed in a manner appropriate to effectuate the purposes of this section. (C) Notwithstanding subparagraph (B), the developer and buyer may agree in writing to different standards than those provided in subparagraph (B) if the different standards and their deviation from the standards in subparagraph (B) are clearly disclosed. (2) General external adaptations: (A) Accessible route of travel to the dwelling unit. (B) Accessible landscaping of the side and rear yards. (C) Accessible route from the garage or parking area to the dwelling unit primary and secondary entries. (3) Doors, openings, and entries: (A) Accessible primary front door, doorway, and threshold. (B) Accessible interior doors and doorways. (C) Accessible secondary exterior doors, doorways, and thresholds. (D) Accessible levered handles on all specified doors. (E) An entry door sidelight or high and low peephole viewers. (F) Visual fire alarms and visual doorbells. (G) Accessible sliding glass door. (4) General interior adaptations: (A) Accessible routes to at least one bedroom, bathroom, and kitchen from the primary entrance. (B) Accessible switches, outlets, and thermostats. (C) Visual fire alarms and visual doorbells. (D) Rocker light switches. (E) Closet rods and shelves adjustable from three feet to five feet six inches high. (F) A residential elevator or lift. (G) If provided, a service porch with accessible workspace, cabinets, and appliances. (5) Kitchen: (A) Adequate accessible clear floorspace at appliances. (B) Repositionable sink and countertop workspaces. (C) Accessible cabinets and drawers, including pullout shelves, bread boards, and Lazy Susans. (D) Accessible sink features and controls. (E) Accessible built-in or provided appliances, including refrigerator, stove, oven, dishwasher, and countertop microwave or convection oven. (F) Enhancements such as a contrasting color edge at countertops, contrasting floor designs marking accessible routes and work areas, antiscald device on plumbing fixtures, and undercabinet lighting. (6) Bathrooms and powder rooms (applicable to one or more bathrooms, at the option of the buyer): (A) Grab bar backing and grab bars in all requested locations. (B) Accessible clear floorspace and turning circles. (C) Accessible sink (lavatory) with adequate knee space and protection. (D) Accessible toilet (water closet). (E) Accessible roll-in shower in lieu of a standard tub or shower. (F) Accessible faucet handles and an adjustable handheld showerhead. (G) Enhancements such as a contrasting color edge at countertops, contrasting floor designs marking accessible routes and work areas, and antiscald device on plumbing fixtures. (7) Any other external or internal feature requested at a reasonable time by the buyer that is reasonably available and reasonably feasible to install or construct and makes the residence more usable for a person with disabilities in order to accommodate any type of disability. (c) For each feature on the list required by subdivision (b), the developer shall indicate whether the feature is standard, limited, optional, or not available. (d) If a developer chooses to offer those features listed in subdivision (b) as modifications that may be made to a home, the developer shall indicate on the list required by subdivision (b) at what point in the construction process the buyer must notify the developer that the buyer wishes to purchase the features. (e) If a local jurisdiction adopts a model ordinance developed pursuant to Section 17959 that requires developers to provide standard or optional accessibility features in homes described in subdivision (b), a developer subject to that ordinance is required to include on the list required by subdivision (b) only those features beyond those required by the ordinance. (f) Nothing in this section shall be construed to require a developer to provide the features listed in subdivision (b) during the construction process or at any other time, unless the developer has offered to provide a feature and the buyer has requested it and agreed to provide payment. (g) Any willful violation by a developer of this section shall be punishable by a civil penalty of five hundred dollars ($500). (h) The department may adopt regulations that it determines are necessary and appropriate for the use and enforcement of this section. The regulations may include, but not be limited to, providing specificity to any features not otherwise covered as mandatory features in Chapter 11A or 11B of the California Building Code, additional mandatory requirements for forms, and additional procedures for offer or acceptance of features. The department may develop, certify, and make available a standard form providing the information required by this section, except for costs, and that standard form shall be exempt from adoption pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). A developer’s use of a form substantially the same as that developed and distributed by the department shall be deemed to comply with this section. (i) Pursuant to Section 17959, upon adoption by the department of guidelines or a model ordinance that defines those features deemed to provide universal accessibility, those guidelines or that model ordinance shall supersede the features listed in subdivision (b). (j) This section shall not be construed to require action by the California Building Standards Commission pursuant to the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). (Added by Stats. 2003, Ch. 648, Sec. 1. Effective January 1, 2004.)
  116. 1796.10.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 1. General Provisions [1796.10 - 1796.12] ( Article 1 added by Stats. 2013, Ch. 790, Sec. 1. )

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    This section names Chapter 13 as the Home Care Services Consumer Protection Act and says it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 1. General Provisions [1796.10 - 1796.12] ( Article 1 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.10. This chapter shall be known, and may be cited, as the Home Care Services Consumer Protection Act. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  117. 1796.11.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 1. General Provisions [1796.10 - 1796.12] ( Article 1 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The State Department of Social Services must administer and enforce this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 1. General Provisions [1796.10 - 1796.12] ( Article 1 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.11. The State Department of Social Services shall administer and enforce this chapter. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  118. 1796.12.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 1. General Provisions [1796.10 - 1796.12] ( Article 1 added by Stats. 2013, Ch. 790, Sec. 1. )

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    This section defines key terms used in the home care services chapter, including home care aides, home care organizations, home care services, and the Department and Director.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 1. General Provisions [1796.10 - 1796.12] ( Article 1 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.12. For purposes of this chapter, the following definitions shall apply: (a) “Affiliated home care aide” means an individual, 18 years of age or older, who is employed by a home care organization to provide home care services to a client and is listed on the home care aide registry. (b) “Child” or “children” means an individual or individuals under 18 years of age. (c) “Client” means an individual who receives home care services from a registered home care aide. (d) “Department” means the State Department of Social Services. (e) “Director” means the Director of Social Services. (f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or by adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons, even if the marriage has been terminated by death or dissolution. (g) “Home care aide applicant” means an individual, 18 years of age or older, who is requesting to become a registered home care aide and the department has received and is processing the individual’s complete home care aide application and nonrefundable application fee. (h) “Home care aide application” means the official form, designated by the department, to request to become a registered home care aide. (i) “Home care aide registry” means a department-established and department-maintained Internet Web site of registered home care aides and home care aide applicants, which includes all of the following: the individual’s name, registration number, registration status, registration expiration date, and, if applicable, the home care organization to which the affiliated home care aide or affiliated home care aide applicant is associated. (j) “Home care organization” means an individual, 18 years of age or older, firm, partnership, corporation, limited liability company, joint venture, association, or other entity that arranges for home care services by an affiliated home care aide to a client, and is licensed pursuant to this chapter. (k) “Home care organization applicant” means an individual, 18 years of age or older, or a firm, partnership, corporation, limited liability company, joint venture, association, or other entity where the individual or individuals applying for the license are 18 years of age or older and are requesting to become a home care organization licensee and the department has received and is processing the complete home care organization application and nonrefundable application fee. (l) “Home care organization application” means the official form, designated by the department, to request to become a licensed home care organization. (m) “Home care organization licensee” means an individual, 18 years of age or older, firm, partnership, corporation, limited liability company, joint venture, association, or other entity having the authority and responsibility for the operation or management of a licensed home care organization. (n) “Home care services” means nonmedical services and assistance provided by a registered home care aide to a client who, because of advanced age or physical or mental disability, cannot perform these services. These services enable the client to remain in his or her residence and include, but are not limited to, assistance with the following: bathing, dressing, feeding, exercising, personal hygiene and grooming, transferring, ambulating, positioning, toileting and incontinence care, assisting with medication that the client self-administers, housekeeping, meal planning and preparation, laundry, transportation, correspondence, making telephone calls, shopping for personal care items or groceries, and companionship. This subdivision shall not authorize a registered home care aide to assist with medication that the client self-administers that would otherwise require administration or oversight by a licensed health care professional. (o) “Registered home care aide” means an affiliated home care aide or independent home care aide, 18 years of age or older, who is listed on the home care aide registry. (p) “Independent home care aide” means an individual, 18 years of age or older, who is not employed by a home care organization, but who is listed on the home care aide registry and is providing home care services through a direct agreement with a client. (Amended by Stats. 2014, Ch. 29, Sec. 30. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  119. 1796.14.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Some home care workers may be listed on the home care aide registry, and affiliated home care aides must be listed before providing services. The section also excludes several categories of workers from being treated as home care aides.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.14. (a) Individuals who are not employed by a home care organization but who provide home care services to a client may be listed on the home care aide registry. (b) An affiliated home care aide shall be listed on the home care aide registry prior to providing home care services to a client. (c) (1) Home care aides shall not include individuals who are providing home care services as part of their job duties through one of the following entities: (A) Services authorized to be provided by a licensed home health agency under Chapter 8 (commencing with Section 1725). (B) Services authorized to be provided by a licensed hospice pursuant to Chapter 8.5 (commencing with Section 1745). (C) Services authorized to be provided by a licensed health facility pursuant to Chapter 2 (commencing with Section 1250). (D) In-home supportive services provided pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (E) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500), a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), or a facility licensed pursuant to the California Child Day Care Facilities Act, (Chapter 3.4 (commencing with Section 1596.70)), which includes day care centers, as described in Chapter 3.5 (commencing with Section 1596.90), family day care homes, as described in Chapter 3.6 (commencing with Section 1597.30), and employer-sponsored child care centers, as described in Chapter 3.65 (commencing with Section 1597.70). (F) A clinic licensed pursuant to Section 1204 or 1204.1. (G) A home medical device retail facility licensed pursuant to Section 111656. (H) An organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Chapter 1 (commencing with Section 4500) of Division 4.5 of the Welfare and Institutions Code) and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) to provide services and supports for persons with developmental disabilities, as defined in Section 4512 of the Welfare and Institutions Code, when funding for those services is provided through the State Department of Developmental Services and more than 50 percent of the recipients of the home care services provided by the organization are persons with developmental disabilities. (I) An alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02. (J) A facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) are placed and is either of the following: (i) An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code. (ii) A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code. (2) Home care aides shall not include individuals providing services authorized to be provided pursuant to Section 2731 of the Business and Professions Code. (d) Home care aides shall not include a nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code. (e) In the event of a conflict between this chapter and a provision listed in subdivision (b), (c), or (d), the provision in subdivision (b), (c), or (d) shall control. (Amended by Stats. 2014, Ch. 29, Sec. 31. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  120. 1796.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. )

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    This chapter does not bar an individual from hiring someone who is not on the home care aide registry to provide home care services, and the department’s role is limited to maintaining the registry for registered home care aides.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.15. This chapter shall not prohibit an individual from employing an individual not listed on the home care aide registry to provide home care services. The department shall have responsibility only for the maintenance of the home care aide registry regarding registered home care aides. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  121. 1796.16.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A registered home care aide may care for more than one child in the same family, but may not care for children from more than one family at the same time.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.16. (a) A registered home care aide may provide home care services to more than one child for a family, but may not provide home care services for a child or children from more than one family at the same time. This chapter shall not preclude a registered home care aide from providing home care services for a child or children of multiple families at different times. This chapter shall not override provisions of the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)), which includes Chapter 3.5 (commencing with Section 1596.90), Chapter 3.6 (commencing with Section 1597.30), and Chapter 3.65 (commencing with Section 1597.70). (b) This chapter does not override provisions of the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), Residential Care Facilities for Persons With Chronic Life-Threatening Illness Act (Chapter 3.01 (commencing with Section 1568.01)), or the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)). (Amended by Stats. 2014, Ch. 29, Sec. 32. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  122. 1796.17.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Home care organizations must be separately licensed, but a licensee may hold more than one such license and may also hold other department licenses.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.17. (a) Each home care organization shall be separately licensed. This chapter does not prevent a licensee from obtaining more than one home care organization license or obtaining a home care organization license in addition to other licenses issued by the department, or both. (b) A home care organization does not include the following: (1) A home health agency licensed under Chapter 8 (commencing with Section 1725). (2) A hospice licensed under Chapter 8.5 (commencing with Section 1745). (3) A health facility licensed under Chapter 2 (commencing with Section 1250). (4) A person who performs services through the In-Home Supportive Services program pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (5) A home medical device retail facility licensed under Section 111656. (6) An organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) to provide services and supports for persons with developmental disabilities, as defined in Section 4512 of the Welfare and Institutions Code, when funding for those services is provided through the State Department of Developmental Services and more than 50 percent of the recipients of the home care services provided by the organization are persons with developmental disabilities. (7) An employment agency, as defined in Section 1812.5095 of the Civil Code, that procures, offers, refers, provides, or attempts to provide an independent home care aide who provides home care services to clients. (8) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500), a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), or a facility licensed pursuant to the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)), which includes day care centers, as described in Chapter 3.5 (commencing with Section 1596.90), family day care homes, as described in Chapter 3.6 (commencing with Section 1597.30), and employer-sponsored child care centers, as described in Chapter 3.65 (commencing with Section 1597.70). (9) An alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02. (10) A person providing services authorized pursuant to Section 2731 of the Business and Professions Code. (11) A clinic licensed pursuant to Section 1204 or 1204.1. (12) A nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code. (13) A facility providing home care services in which only Indian children who are eligible under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) are placed and which satisfies either of the following: (A) An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code. (B) A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code. (14) Any other individual or entity providing services similar to those described in this chapter, as determined by the director. (c) In the event of a conflict between this chapter and a provision listed in subdivision (b), the provision in subdivision (b) controls. (Amended by Stats. 2015, Ch. 303, Sec. 287. (AB 731) Effective January 1, 2016.)
  123. 1796.18.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may exclude a home care aide from the registry or require immediate removal when listed misconduct or safety risks are present, and the excluded person can appeal under set deadlines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 2. Registry and Exemptions [1796.14 - 1796.18] ( Article 2 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.18. (a) The department may prohibit an individual from becoming a registered home care aide, or remaining registered on the home care aide registry, if the individual has done any of the following: (1) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or implementing regulations. (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from a home care organization, or the people of the State of California. (3) Been denied a criminal record exemption by the department, when that person has been convicted of a crime specified in Section 1522. (4) Engaged in any other conduct that would constitute a basis for disciplining a registered home care aide or licensee of a home care organization. (5) Engaged in acts of financial malfeasance. (b) (1) The department may require the immediate removal of an individual listed in subdivision (a) from contact with clients, prospective clients, or confidential client information of a home care organization, and the home care aide registry shall reflect this action pending a final decision on the matter, when it is necessary to protect a client from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate removal of an individual listed in subdivision (a), the department shall serve an order of immediate exclusion upon the excluded person, which shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. The department shall provide copies of this order to all home care organizations to which the registered home care aide is affiliated. (3) The notice shall be served either by personal service or registered mail. Within 15 calendar days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal: (A) Within 30 calendar days of receipt of the appeal, serve an accusation upon the excluded person. (B) Within 60 calendar days of receipt of a notice of defense by the excluded person pursuant to Section 11506 of the Government Code, the department shall begin a hearing on the accusation. (4) An order of immediate exclusion may exclude an individual listed in subdivision (a) from a home care organization, the home care aide registry, or both, and shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 calendar days after the proposed decision is issued. (c) An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address within 48 hours of the change, until the hearing process has been completed or terminated. (d) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (e) (1) The department may institute or continue a disciplinary proceeding against an individual listed in subdivision (a), upon any ground provided by this section, or enter an order prohibiting any person from being a member of the board of directors or governing body, an executive director, an officer, a licensee, or from contact with clients, prospective clients, or access to confidential client information of the home care organization or otherwise take disciplinary action against the excluded person, notwithstanding any withdrawal of registry application, withdrawal of home care organization application, resignation, withdrawal of employment application, surrender of registration, surrender of home care organization license, forfeiture, change of duties, discharge, failure to hire, reassignment of the excluded person by the licensee, or that the excluded person no longer has contact with clients of the home care organization. (2) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1796.38. (f) If the excluded person appealed the exclusion order, and the exclusion order was upheld through the administrative hearing process, the person shall be prohibited for the remainder of the excluded person’s life, unless otherwise ordered by the department, from doing any of the following: (1) Serving as a member of the board of directors or governing body, an executive director, an officer, or a licensee of a home care organization. (2) Being employed at, continuing employment of, or volunteering at a home care organization if the individual has contact with clients, prospective clients, or confidential client information of a home care organization. (3) Becoming, or continuing to be, a registered home care aide. (4) Having contact with clients, prospective clients, or access to confidential client information of a home care organization. (g) If the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the excluded person shall be prohibited by the department from engaging in the activities set forth in paragraphs (1) to (4), inclusive, of subdivision (f) for the remainder of the excluded person’s life, unless otherwise ordered by the department. (h) The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order. (Added by Stats. 2023, Ch. 43, Sec. 24. (AB 120) Effective July 10, 2023.)
  124. 1796.19.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 3. Home Care Aide Applicants [1796.19- 1796.19.] ( Article 3 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may consider listed factors when deciding whether to approve a registration application. If a home care aide applicant does not cooperate with the department on the Home Care Aide application, the registration application is withdrawn.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 3. Home Care Aide Applicants [1796.19- 1796.19.] ( Article 3 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.19. (a) The department shall consider, but is not limited to, the following when determining whether to approve a registration application: (1) Evidence satisfactory to the department of the ability of the home care aide applicant to comply with this chapter and the rules and regulations promulgated under this chapter by the department. (2) Evidence satisfactory to the department that the home care aide applicant is of reputable and responsible character. The evidence shall include, but is not limited to, a review of the independent home care aide applicant’s criminal offender record information pursuant to Section 1522 or 1522.7. (3) Any revocation or other disciplinary action taken, or in the process of being taken, related to the care of individuals against the home care aide applicant. (4) Any other information that may be required by the department for the proper administration and enforcement of this chapter. (b) Failure of the home care aide applicant to cooperate with the department in the completion of the Home Care Aide application shall result in the withdrawal of the registration application. “Failure to cooperate” means that the information described in this chapter and by any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both. (Amended by Stats. 2022, Ch. 581, Sec. 6. (AB 1720) Effective January 1, 2023.)
  125. 1796.21.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A registered home care aide must be at least 18 years old.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.21. A registered home care aide shall be 18 years of age or older. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  126. 1796.22.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A person who has applied to be a home care aide and has one of the listed ID cards may start the background examination process.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.22. Any individual who has submitted a home care aide application and who possesses any one of the following identification cards may initiate a background examination to be a registered home care aide: (a) A valid California driver’s license. (b) A valid identification card issued by the Department of Motor Vehicles. (c) A valid Permanent Resident Card. (d) In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California. (Amended by Stats. 2021, Ch. 296, Sec. 34. (AB 1096) Effective January 1, 2022.)
  127. 1796.23.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    People seeking to become registered home care aides must submit fingerprints to the Department of Justice unless exempt; some existing licensees and similar providers do not need to submit fingerprints and may transfer their clearance or exemption.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.23. (a) Each person initiating a background examination to be a registered home care aide shall submit their fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempt under subdivision (d). (b) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter. The fee revenues shall be deposited in the Fingerprint Fees Account. (c) The Department of Justice shall use the fingerprints to search state and Federal Bureau of Investigation criminal offender record information pursuant to Section 1522. (d) A person who is a current licensee or employee in a facility licensed by the department, a certified foster parent, a certified administrator, or a registered TrustLine provider need not submit fingerprints to the department, and may transfer their current criminal record clearance or exemption pursuant to paragraph (1) of subdivision (h) of Section 1522. The person shall instead submit to the department, along with the person’s registration application, a copy of the person’s identification card described in Section 1796.22 and sign a declaration verifying the person’s identity. (Amended by Stats. 2022, Ch. 581, Sec. 7. (AB 1720) Effective January 1, 2023.)
  128. 1796.24.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department must create and maintain a home care aide registry and record application details, criminal history findings, and transfer-related clearance information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.24. (a) (1) The department shall establish a home care aide registry pursuant to this chapter and shall continuously update the registry information. Upon submission of the home care aide application and fingerprints or other identification documents pursuant to Section 1796.22, the department shall enter into the home care aide registry the person’s name, identification number, and an indicator that the person has submitted a home care aide application and fingerprints or identification documentation. This person shall be known as a “home care aide applicant.” (2) A person shall not be entitled to apply to be a registered home care aide and shall have their registration application returned without the right to appeal if the person would not be eligible to obtain a license pursuant to Section 1796.40 or 1796.41. (b) (1) Before approving an individual for registration, the department shall check the individual’s criminal history pursuant to Section 1522. Upon completion of the searches of the state summary criminal offender record information and the records of the Federal Bureau of Investigation, the home care aide applicant shall be issued a criminal record clearance or granted a criminal record exemption if grounds do not exist for denial pursuant to Section 1522 or 1522.7. The department shall enter that finding in the person’s record in the home care aide registry and shall notify the person of the action. This person shall be known as a “registered home care aide.” If, after approval, the department determines that the registrant has a criminal record, registration may be revoked pursuant to Section 1796.26. (2) For purposes of compliance with this section, the department may permit an individual to request the transfer of a current criminal record clearance or exemption pursuant to subdivision (h) of Section 1522. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon the request of the applicant or licensee, who shall verify the individual’s identity, the department shall verify whether the individual has a clearance or exemption that can be transferred pursuant to the requirements of this chapter. (3) The department shall hold criminal record clearances and exemptions in its active files for a minimum of three years after the individual is no longer on the registry in order to facilitate a transfer request. (Amended by Stats. 2022, Ch. 614, Sec. 5.5. (SB 1093) Effective January 1, 2023.)
  129. 1796.25.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department must deny or revoke a home care aide application or registration in some conviction cases, may do so in several other risk or history situations, must notify the person of appeal rights, and the person generally has 15 days to appeal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.25. (a) (1) If the department finds that the home care aide applicant or the registered home care aide has been convicted of a crime, other than an infraction, the department shall deny the home care aide application, or revoke the registered home care aide’s registration unless the department grants an exemption pursuant to subdivision (g) of Section 1522 or 1522.7. (2) If the department finds that the home care aide applicant or registered home care aide has an arrest as described in subdivision (a) of Section 1522, the department may deny the registration application or registration renewal application, or revoke the registered home care aide’s registration, if the home care aide or registered home care aide may pose a risk to the health and safety of any person who is or may become a client and the department complies with subdivision (e) of Section 1522. (3) The department may deny the home care aide application or the renewal application of a registered home care aide, or revoke the home care aide registration, if the department discovers that the department or a county had previously revoked or rescinded a license or certificate to be a certified family home or resource family, a certified administrator, or a registered trustline provider held by the home care aide applicant or registered home care aide, or that the department had excluded the home care aide applicant or registered home care aide from a licensed facility, certified family home, or resource family home. (4) The department may deny the home care aide application or registered home care aide registration renewal application for placement or retention upon the home care aide registry, or revoke the registered home care aide’s registration, if the department discovers that the department or a county had previously denied the home care aide applicant’s or registered home care aide’s application for a license from the department or certificate to be a certified family home or resource family, a certified administrator, or a registered trustline provider. (b) (1) If the department revokes or denies a home care aide application or registered home care aide’s renewal application pursuant to subdivision (a), the department shall advise the home care aide applicant or registered home care aide, by written notification, of the right to appeal. The home care aide applicant or registered home care aide shall have 15 days from the date of the written notification to appeal the denial or revocation. (2) Upon receipt by the department of the appeal, the appeal shall be set for hearing. The hearing shall be conducted in accordance with Section 1551. (c) If the home care aide application or registered home care aide renewal application is denied, the home care aide applicant or registered home care aide shall not reapply until they meet the timeframe set forth in Sections 1796.40 and 1796.41. (Amended by Stats. 2022, Ch. 581, Sec. 9. (AB 1720) Effective January 1, 2023.)
  130. 1796.26.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may revoke or deny a registered home care aide’s registration or renewal for listed misconduct or disqualifying conditions, and a registration may be forfeited in several listed situations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.26. (a) (1) The department may revoke or deny a registered home care aide’s registration or request for registration renewal if any of the following apply to the registered home care aide: (A) The individual procured or attempted to procure their registered home care aide registration or renewal by fraud or misrepresentation. (B) The individual has a criminal conviction, other than an infraction, unless an exemption is granted pursuant to Section 1522 or 1522.7. (C) The individual engages or has engaged in conduct that is inimical to the health, morals, welfare, or safety of the people of the State of California or an individual receiving or seeking to receive home care services. (2) An individual whose registration has been revoked shall not reapply until they meet the timeframe as set forth in Section 1796.40 or 1796.41. (3) An individual whose criminal record exemption has been denied shall not reapply for two years from the date of the exemption denial. (4) The hearing to revoke or deny the registered home care aide registration or registration renewal request shall be conducted in accordance with Section 1551. (b) (1) The registered home care aide’s registration shall be considered forfeited under the following conditions: (A) The registered home care aide has had a license or certificate of approval revoked, suspended, or denied as authorized under Section 1534, 1550, 1568.082, 1569.50, 1596.608, or 1596.885. (B) The registered home care aide has been denied employment, residence, or presence in a facility or client’s home based on action resulting from an administrative hearing pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897. (C) The registered home care aide fails to maintain a current mailing address with the department. (D) The registered home care aide’s registration is not renewed. (E) The registered home care aide surrenders their registration to the department. (F) The registered home care aide dies. (2) An individual whose registered home care aide registration has been forfeited shall not reapply until they meet the timeframe set forth by the department in Sections 1796.40 and 1796.41. (c) A registered home care aide’s registration shall not be transferred or sold to another individual or entity. (Amended by Stats. 2022, Ch. 581, Sec. 10. (AB 1720) Effective January 1, 2023.)
  131. 1796.28.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    This section requires the Department of Justice and the department to keep the home care aide registry and related criminal record information updated, and requires registered home care aides and applicants to keep a current mailing address on file and report address changes within 10 days. It also limits damages liability for state officers or employees, except for intentional acts or gross negligence.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.28. (a) The Department of Justice shall maintain and continually update pertinent criminal offender record information of registered home care aides and shall inform the department of subsequent reports received pursuant to Section 11105.2 of the Penal Code. The department shall continually update the home care aide registry pursuant to the actions required in this chapter. (1) Registered home care aides and home care aide applicants shall maintain a current mailing address with the department. (2) Registered home care aides and home care aide applicants shall inform the department of any new mailing address in writing within 10 days of a change in address. (b) Notwithstanding any other law, including Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, state officers or employees shall not be liable for any damages caused by their conduct pursuant to this chapter except for intentional acts or gross negligence. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  132. 1796.29.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department must maintain a home care aide registry and limit what the public website shows. It must also give certain contact information to qualifying labor organizations on request, while allowing aides to opt out of disclosure.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 4. Registration [1796.21 - 1796.29] ( Article 4 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.29. The department shall do all of the following in the administration of the home care aide registry: (a) Establish and maintain on the department’s Internet Web site the registry of registered home care aides and home care aide applicants. (1) To expedite the ability of a consumer to determine if a registered home care aide or home care aide applicant has passed a background examination, pursuant to Section 1796.23, the Internet Web site shall enable consumers to look up the registration status by providing the registered home care aide’s or home care aide applicant’s name and registration number. The Internet Web site shall provide the registration status, the registration expiration date, and, if applicable, the home care organization with which the affiliated home care aide is associated. (2) The Internet Web site shall not provide any additional, individually identifiable information about a registered home care aide or home care aide applicant. The department may request and may maintain additional information for registered home care aides or home care aide applicants, as necessary for the administration of this chapter, that shall not be publicly available on the home care aide registry. (b) Update the home care aide registry upon receiving notification from a home care organization that an affiliated home care aide is no longer employed by the home care organization. (c) Notwithstanding any other provision of this chapter to the contrary, information regarding a registered home care aide or registered home care aide applicant is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (d). (d) (1) For any new registration or renewal of registration occurring on and after July 1, 2019, the department shall provide an electronic copy of a registered home care aide’s name, telephone number, and cellular telephone number on file with the department, upon its request, to a labor organization in which a provider of in-home supportive services, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or a registered home care aide, already participates and which exists for the purpose, in whole or in part, of dealing with employers of home care aides concerning access to training, grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. The labor organization shall not use this information for any purpose other than employee organizing, representation, and assistance activities. The labor organization shall not disclose this information to any other party. (2) The department shall establish a simple opt-out procedure by which a registered home care aide or registered home care aide applicant may request that his or her contact information on file with the department not be disclosed in response to a request described in paragraph (1). (e) At the time of any registration or renewal of registration occurring on and after July 1, 2019, the department shall do both of the following: (1) Provide a written notice to the registering or registered home care aide that his or her information may be shared with a labor organization, as described in paragraph (1) of subdivision (d). (2) Provide written instructions on how to utilize the simple opt-out procedure described in paragraph (2) of subdivision (d). (f) This section applies solely to an individual who provides services as a home care aide under this chapter. (Amended by Stats. 2018, Ch. 917, Sec. 2. (AB 2455) Effective January 1, 2019.)
  133. 1796.31.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 5. Renewal [1796.31- 1796.31.] ( Article 5 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A registered home care aide must renew registration every two years and do so by the expiration date, including submitting the renewal form and fee. The department must give written notice of the expiration date and renewal process at least 60 days before expiration.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 5. Renewal [1796.31- 1796.31.] ( Article 5 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.31. (a) To remain on the home care aide registry, a registered home care aide shall renew his or her registration every two years. (1) A registered home care aide’s registration shall expire every two years, on the anniversary date of the initial registration date. If the registration is not renewed on or prior to its expiration date, the registration shall be forfeited pursuant to subdivision (b) of Section 1796.26. (2) To renew a registration, the registered home care aide shall, on or before the registration expiration date, request renewal by submitting to the department the registration renewal application form and paying the nonrefundable registration renewal application fee in the amount determined by the department. (b) Renewal of a registered home care aide’s registration is conditioned on compliance with all of the following: (1) Submitting a complete registration renewal application form and payment of the nonrefundable renewal fee, both of which shall be postmarked on or before the expiration of the registration. (2) Continuing to satisfy the requirements set forth in this chapter. (3) Cooperating with the department in the completion of the renewal process. Failure of the registered home care aide to cooperate shall result in the withdrawal of the registration renewal application by the department. For purposes of this section, “failure to cooperate” means that the information described in this chapter and in any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both. (c) (1) The department shall notify a registered home care aide in writing of his or her registration expiration date and the process of renewal. (2) Written notification pursuant to this subdivision shall be mailed to the registered home care aide’s mailing address of record at least 60 days before the registration expiration date. (Amended by Stats. 2014, Ch. 29, Sec. 41. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  134. 1796.32.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    An applicant who has the required identification may start a background examination to become a licensed home care organization.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.32. Any individual who has submitted an application and who possesses any one of the following identification cards may initiate a background examination to be a licensed home care organization: (a) A valid California driver’s license. (b) A valid identification card issued by the Department of Motor Vehicles. (c) A valid Permanent Resident Card. (d) In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California. (Amended by Stats. 2021, Ch. 296, Sec. 35. (AB 1096) Effective January 1, 2022.)
  135. 1796.33.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    To get a home care organization license, specified owners and controllers must consent to a background examination, and the department cannot issue a license to a corporate applicant with disqualified directors or officers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.33. In order to obtain a home care organization license, the following individual or individuals shall consent to the background examination described in Section 1796.23: (a) The owner of the home care organization, if the owner is an individual. (b) If the owner of a home care organization is a corporation, limited liability company, joint venture, association, or other entity, an individual having a 10-percent or greater ownership in that entity and the chief executive officer or other person serving in a similar capacity. The department shall not issue a provisional license or license to any corporate home care organization applicant that has a member of the board of directors, executive director, or officer who is not eligible for licensure pursuant to Sections 1796.40 and 1796.41. (Added by renumbering Section 1796.34 by Stats. 2014, Ch. 29, Sec. 43. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  136. 1796.34.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Unlicensed persons or organizations may not hold themselves out as a home care organization or use certain home care terms in their name, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.34. (a) A person or a private or public organization, with the exception of any person who performs in-home supportive services through the In-Home Supportive Services program pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or Section 14132.95, 14132.952, or 14132.956 of the Welfare and Institutions Code, and the exceptions provided for in subdivision (b), shall not do any of the following, unless he, she, or it is licensed pursuant to this chapter: (1) Own, manage, or represent himself, herself or itself to be a home care organization by name, advertising, solicitation, or any other presentments to the public, or in the context of services within the scope of this chapter, imply that he, she, or it is licensed to provide those services or to make any reference to employee bonding in relation to those services. (2) Use the terms “home care organization,” “home care,” “in-home care,” or any combination of those terms, within its name. (b) This section does not apply to either of the following: (1) Any person who performs in-home supportive services through the In-Home Supportive Services program pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (2) An employment agency, as defined in Section 1812.5095 of the Civil Code, that procures, offers, refers, provides, or attempts to provide an independent home care aide who provides home care to clients. (Amended by Stats. 2015, Ch. 303, Sec. 292. (AB 731) Effective January 1, 2016.)
  137. 1796.35.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Most entities may not arrange home care services by a registered home care aide for a client in this state until they get a license, unless an exception in Section 1796.17 applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.35. (a) Subject to the exceptions set forth in Section 1796.17, an individual, partnership, corporation, limited liability company, joint venture, association, or other entity shall not arrange for the provision of home care services by a registered home care aide to a client in this state before obtaining a license pursuant to this chapter. This shall be deemed “unlicensed home care services.” (b) Upon discovering an individual or entity is in violation of subdivision (a), the department shall send a written notice of noncompliance to the individual or entity and assess a civil penalty of nine hundred dollars ($900) per day for each calendar day of each violation. (c) Upon discovering that an individual or entity is in violation of subdivision (a), the department shall send a copy of the written notice of noncompliance to the individual or entity and to the Attorney General or appropriate district attorney or city attorney. (d) Upon receiving this notice, the Attorney General, district attorney, or city attorney may do any or all of the following: (1) Issue a cease and desist order, which shall remain in effect until the individual or entity has obtained a license pursuant to this chapter. If the individual or entity fails to comply with the cease and desist order within 20 calendar days, the Attorney General, district attorney, or city attorney may apply for an injunction. (2) Bring an action against the individual or entity under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (Added by renumbering Section 1796.36 by Stats. 2014, Ch. 29, Sec. 45. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  138. 1796.36.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Some out-of-state home care organizations must have a California office and keep operational records there before arranging certain home care services in California.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.36. (a) A home care organization that has its principal place of business in another state, in addition to the other requirements of this chapter, before arranging for home care services provided by an affiliated home care aide to a client in the state, shall comply with all of the following: (1) Have an office in California. (2) Maintain all pertinent records of the operation in California at the California office. All records shall be available to review, copy, audit, and inspect by the department. (b) If the home care organization is a foreign corporation, foreign limited liability company, foreign limited partnership, foreign association, or a foreign limited liability partnership, as defined in Sections 170, 171, 171.03, 171.05, and 16101 of the Corporations Code, before arranging for home care services provided by an affiliated home care aide to a client in the state, the home care organization shall have an office in California and shall comply with both of the following: (1) Register with the Secretary of State to conduct intrastate business in California. (2) Maintain all pertinent records of the operation in California at the California office. All records shall be available to review, copy, audit, and inspect by the department. (Added by renumbering Section 1796.37 by Stats. 2014, Ch. 29, Sec. 46. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  139. 1796.38.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may deny a licensure application, or suspend or revoke a license, if one of the listed grounds applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.38. The department may deny an application for licensure or suspend or revoke any license issued pursuant to this chapter, pursuant to Sections 1550.5 and 1551 and in the manner provided in this chapter on any of the following grounds: (a) Violation by the licensee of this chapter or of the rules and regulations promulgated under this chapter. (b) Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations promulgated under this chapter. (c) Conduct that is inimical to the health, morals, welfare, or safety of either an individual receiving home care services or the people of the State of California. (d) The conviction of a licensee, or other person mentioned in Section 1522, at any time before or during licensure, of a crime described in Section 1522. (e) Engaging in acts of financial malfeasance concerning the operation of a home care organization. (Amended by Stats. 2015, Ch. 303, Sec. 294. (AB 731) Effective January 1, 2016.)
  140. 1796.40.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department must stop reviewing a home care organization license application when specified prior revocations, denials, or exclusions are found, subject to stated waiting periods and one reinstatement exception. Home care organizations are also exempt from certain health planning requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.40. (a) (1) If an application for a home care organization license indicates, or the department determines during the application review process, that the home care organization applicant was previously issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), Chapter 3.6 (commencing with Section 1597.30), or Chapter 3.65 (commencing with Section 1597.70), and the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. All home care organizations are exempt from the health planning requirements contained in Part 2 (commencing with Section 127125) of Division 107. (2) If an application for a license indicates, or the department determines during the application review process, that the home care organization applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. (3) If an application for a license indicates, or the department determines during the application review process, that the home care organization applicant was excluded from a facility licensed by the department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall cease any further review of the application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code by the department. (b) If an application for a license indicates, or the department determines during the application review process, that the home care organization applicant had previously applied for a license pursuant to any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall cease further review of the application until one year has elapsed from the date of the denial letter. In those circumstances in which denials are appealed and upheld at an administrative hearing, review of the application shall cease for one year from the date of the decision and order of the department. (c) If an application for a license indicates, or the department determines during the application review process, that the home care organization applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the department shall cease further review of the application as follows: (1) In cases where the home care organization applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding the denial. (2) In cases where the department informed the home care organization applicant of his or her right to petition for a hearing and the home care organization applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (3) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence. (d) Cessation of review pursuant to this section does not constitute a denial of the application. (Added by Stats. 2014, Ch. 29, Sec. 50. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  141. 1796.41.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department must bar certain people from serving as directors, executives, or officers of licensed home care organizations, and the organization must remove them, when specified prior license or approval actions occurred.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 6. Licensure of Home Care Organizations [1796.32 - 1796.41] ( Article 6 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.41. (a) (1) If the department determines that a person was issued a license pursuant to this chapter or Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), Chapter 3.6 (commencing with Section 1597.30), or Chapter 3.65 (commencing with Section 1597.70), and the prior license was revoked within the preceding two years, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of any home care organizations licensed by the department pursuant to this chapter. (2) If the department determines that a person was previously issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter. (b) If the department determines that the person had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of any home care organizations licensed by the department pursuant to this chapter as follows: (1) In cases in which the home care organization applicant petitioned for a hearing, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department informed the home care organization applicant of his or her right to petition for a hearing and the home care organization applicant did not petition for a hearing, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (c) If the department determines that the person had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter and as follows: (1) In cases in which the home care organization applicant petitioned for a hearing, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department informed the home care organization applicant of his or her right to petition for a hearing and the home care organization applicant did not petition for a hearing, the department shall exclude the person from acting as, and require the home care organization to remove him or her from his or her position as, a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1796.25 or any other law. (e) The department may determine not to exclude a person from acting, or require that he or she be removed from his or her position, as a member of the board of directors, an executive director, or an officer of a licensee of, any home care organizations licensed by the department pursuant to this chapter if it has been determined that the reasons for the denial of the application or revocation of the facility license or certificate of approval were due to circumstances or conditions that either have been corrected or are no longer in existence. (Amended by Stats. 2015, Ch. 303, Sec. 295. (AB 731) Effective January 1, 2016.)
  142. 1796.42.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 7. Home Care Organization Operating Requirements [1796.42 - 1796.43] ( Article 7 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A home care organization licensee must post required information, keep specified insurance and bonds in force, and report suspected or known abuse; copies of suspected abuse reports must be available to the department during normal business hours.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 7. Home Care Organization Operating Requirements [1796.42 - 1796.43] ( Article 7 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.42. A home care organization licensee shall do all of the following: (a) Post its license, business hours, and any other information required by the department in its place of business in a conspicuous location, visible both to clients and affiliated home care aides. (b) Maintain and abide by a valid workers’ compensation policy covering its affiliated home care aides. (c) Maintain and abide by an employee dishonesty bond, including third-party coverage, with a minimum limit of ten thousand dollars ($10,000). (d) Maintain proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate. (e) Report any suspected or known dependent adult or elder abuse as required by Section 15630 of the Welfare and Institutions Code and suspected or known child abuse as required by Sections 11164 to 11174.3, inclusive, of the Penal Code. A copy of each suspected abuse report shall be maintained and available for review by the department during normal business hours. (Added by renumbering Section 1796.41 by Stats. 2014, Ch. 29, Sec. 51. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  143. 1796.43.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 7. Home Care Organization Operating Requirements [1796.42 - 1796.43] ( Article 7 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Home care organizations with affiliated home care aides must clear those aides on the registry before direct client contact and meet screening, tuberculosis, and notification requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 7. Home Care Organization Operating Requirements [1796.42 - 1796.43] ( Article 7 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.43. (a) Home care organizations that employ affiliated home care aides shall ensure the affiliated home care aides are cleared on the home care aide registry before placing the individual in direct contact with clients. In addition, the home care organization shall do all of the following: (1) Ensure any staff person, volunteer, or employee of a home care organization who has contact with clients, prospective clients, or confidential client information that may pose a risk to the clients’ health and safety has met the requirements of Sections 1796.23, 1796.24, 1796.25, 1796.26, and 1796.28 before there is contact with clients or prospective clients or access to confidential client information. (2) Require home care aides to demonstrate that they are free of active tuberculosis disease, pursuant to Section 1796.45. (3) Immediately notify the department when the home care organization no longer employs an individual as an affiliated home care aide. (b) This section shall not prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact. (Added by renumbering Section 1796.42 by Stats. 2014, Ch. 29, Sec. 53. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  144. 1796.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 8. Affiliated Home Care Aides [1796.44 - 1796.45] ( Article 8 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Affiliated home care aides must be tuberculosis-screened on hiring and periodically afterward, and the employer must keep the certificate on file.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 8. Affiliated Home Care Aides [1796.44 - 1796.45] ( Article 8 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.45. (a) Affiliated home care aides hired on or after January 1, 2016, shall submit to an examination 90 days prior to employment, or within seven days after employment, to determine that the individual is free of active tuberculosis disease. (b) For purposes of this section, “examination” means a test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA) and, if that test is positive, an X-ray of the lungs. The aide shall not work as an affiliated home care aide unless the licensee obtains documentation from a licensed medical professional that there is no risk of spreading the disease. (c) After submitting to an examination, an affiliated home care aide whose test for tuberculosis infection is negative shall be required to undergo an examination at least once every two years. Once an affiliated home care aide has a documented positive test for tuberculosis infection that has been followed by an X-ray, the examination is no longer required. (d) After each examination, an affiliated home care aide shall submit, and the home care organization shall keep on file, a certificate from the examining practitioner showing that the affiliated home care aide was examined and found free from active tuberculosis disease. (e) The examination is a condition of initial and continuing employment with the home care organization. (f) An affiliated home care aide who transfers employment from one home care organization to another shall be deemed to meet the requirements of subdivision (a) or (c) if the affiliated home care aide can produce a certificate showing that he or she submitted to the examination within the past two years and was found to be free of active tuberculosis disease, or if it is verified by the home care organization previously employing him or her that it has a certificate on file that contains that showing and a copy of the certificate is provided to the new home care organization prior to the affiliated home care aide beginning employment. (Amended by Stats. 2015, Ch. 303, Sec. 297. (AB 731) Effective January 1, 2016.)
  145. 1796.47.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 9. Revenues [1796.47 - 1796.49] ( Article 9 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department must fund this chapter mainly through fees, keep certain money in named funds, and provide reports to the Legislature and legislative budget offices on a set schedule.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 9. Revenues [1796.47 - 1796.49] ( Article 9 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.47. (a) (1) Administration of this program shall be fully supported by fees and not civil penalties. The department shall assess fees for home care organization licensure, and home care aide registration related to activities authorized by this chapter. The department may adjust fees as necessary to fully support the administration of this chapter. (A) Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering this chapter, or penalties collected pursuant to this chapter that are appropriated by the Legislature for the purposes of this chapter, no General Fund moneys shall be used for any purpose under this chapter. (B) Notwithstanding subparagraph (A), beginning July 1, 2026, General Fund moneys may be appropriated to help support this program, along with fee revenues. (2) A portion of moneys collected in the administration of this chapter, as designated by the department, may be used for community outreach consistent with this chapter. (3) Notwithstanding the requirements of paragraph (1), General Fund moneys may be used to administer this chapter, as appropriated by the Budget Act of 2023 and the Budget Act of 2024. (b) The Home Care Fund is hereby created within the State Treasury for the purpose of this chapter. All licensure and registration fees authorized by this chapter shall be deposited into the Home Care Fund, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account. Moneys in this fund shall, upon appropriation by the Legislature, be made available to the department for purposes of administering this chapter. (c) Any fines and penalties collected pursuant to this chapter shall be deposited into the Home Care Technical Assistance Fund, which is hereby created as a subaccount within the Home Care Fund. Moneys in the Home Care Technical Assistance Fund shall, upon appropriation by the Legislature, be available to the department for the purposes of providing technical assistance, training, and education pursuant to this chapter. (d) (1) The department shall submit a report to the Legislature, no later than January 10, 2025, providing an update to the following: (A) The solvency of the Home Care Fund, including any new resources. (B) Recommendations on a new fee structure that allows the program to be self-sustaining or request any additional resource needs. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (e) (1) Beginning January 1, 2024, the department shall submit quarterly written progress updates to the relevant legislative budget subcommittees and the Legislative Analyst’s Office, to facilitate the Legislature’s oversight of the department’s progress within the home care program. These updates shall include information regarding, at a minimum, all of the following: (A) Staffing, including progress on hiring for the 15 new positions requested as part of the Budget Act of 2023, and progress on efforts toward elevating the Home Care Services Bureau into a branch of the department. (B) Licensing, investigations, enforcement, and oversight, including up-to-date workload metrics, including all of the following: (i) Home care aides, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time. (ii) Home care organizations, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time. (iii) Home care organization visits, including the number of visits completed. (iv) Complaints, including the number received, the number investigated, and descriptions of the most common types of complaints. (v) Businesses providing unlicensed home care services, including a description of any enforcement actions taken against businesses providing unlicensed home care services, and the estimated number continuing to operate. (C) Fee structure review, including progress toward assessing the home care licensing fee structure and identifying any new resources that would facilitate the sustainability of the Home Care Fund. (2) This subdivision shall become inoperative on January 10, 2025, or when the department delivers the report described in subdivision (d), whichever is later. (Amended by Stats. 2026, Ch. 26, Sec. 6. (AB 152) Effective June 29, 2026.)
  146. 1796.48.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 9. Revenues [1796.47 - 1796.49] ( Article 9 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may charge nonrefundable application and renewal fees for home care aide registration, and collected fees must be deposited into the Home Care Fund, with fingerprint fees going to the Fingerprint Fees Account.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 9. Revenues [1796.47 - 1796.49] ( Article 9 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.48. (a) The department may charge a nonrefundable application and nonrefundable renewal fee to become a registered home care aide and to renew a registered home care aide’s registration. (b) The maximum fee shall not exceed the total actual costs, which include, but are not limited to, of all of the following: (1) The searches for criminal offender records performed by the Department of Justice. (2) The cost incurred by the Department of Justice for the searches of the records of the Federal Bureau of Investigation. (3) The cost to the department to process the applications and maintain the home care aide registry and perform the duties required by this chapter and any rules and regulations promulgated pursuant to this chapter. (c) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (b) of Section 1796.47, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account. (Amended by Stats. 2014, Ch. 29, Sec. 57. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  147. 1796.51.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may set procedures for receiving, investigating, and resolving complaints against home care organizations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.51. In order to carry out the provisions of this chapter, the department may establish procedures for the receipt, investigation, and resolution of complaints against home care organizations. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  148. 1796.52.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may review and investigate complaints about home care organizations, must do random unannounced inspections, and must cross-report suspected or known abuse. A refusal to provide records, books, or premises can lead to license revocation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.52. (a) The department may review and, if it determines necessary, investigate complaints filed against home care organizations regarding violations of this chapter or any rules or regulations promulgated pursuant to this chapter. (b) The department shall verify through random, unannounced inspections that a home care organization meets the requirements of this chapter and the rules and regulations promulgated pursuant to this chapter. (c) An investigation or inspection conducted by the department pursuant to this chapter may include, but is not limited to, inspection of the books, records, or premises of a home care organization. A home care organization’s refusal to make records, books, or premises available shall constitute cause for the revocation of the home care organization’s license. (d) Other than maintaining the home care registry, the department shall have no oversight responsibility regarding registered home care aides. (e) Upon receipt of a report of suspected or known abuse, as set forth in subdivision (e) of Section 1796.42, the department shall cross-report the suspected or known abuse to local law enforcement and Adult Protective Services if the alleged victim is 18 years of age or older, or local law enforcement and Child Protective Services if the alleged victim is under 18 years of age. Other than the cross-reporting required by this subdivision, the department shall not be required to investigate suspected or known abuse or have other responsibilities related to the suspected or known abuse. This subdivision shall not supersede the existing duty of home health aides and home health agencies as mandated reporters to report directly to local law enforcement or county adult protective services pursuant to Section 15630. (Amended by Stats. 2014, Ch. 29, Sec. 59. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  149. 1796.53.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A department officer, employee, or agent may enter a home care organization during posted business hours, with proper identification, and may do so with or without advance notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.53. A duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter a home care organization during posted business hours, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter or any provision promulgated under this chapter. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  150. 1796.54.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may exclude or restrict certain home care organization personnel, and excluded people have appeal, address-notice, and reinstatement rights and duties.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 10. Complaints, Inspections, and Investigations [1796.51 - 1796.54] ( Article 10 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.54. (a) (1) The department may prohibit an individual from serving as a member of the board of directors or governing body, an executive director, an officer, or being a licensee of a home care organization, if the individual has done any of the following: (A) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or implementing regulations. (B) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from a home care organization, or the people of the State of California. (C) Been denied a criminal record exemption by the department when that person has been convicted of a crime specified in Section 1522. (D) Engaged in any other conduct that would constitute a basis for disciplining a licensee of a home care organization. (E) Engaged in acts of financial malfeasance concerning the operation of a home care organization. (2) The department also may prohibit a licensee from employing or continuing to employ an individual, or allowing an individual to volunteer at a home care organization if there is contact with clients, prospective clients, or confidential client information, if the individual has engaged in any conduct described in subparagraphs (A) to (E), inclusive, of paragraph (1). (b) (1) The department may require the immediate removal of an individual listed in subdivision (a) from contact with clients, prospective clients, or confidential client information of a home care organization, pending a final decision of the matter, when the action is necessary to protect clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate removal of an individual listed in subdivision (a), the department shall serve an order of immediate exclusion upon the excluded person, which shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. (3) The notice shall be served either by personal service or registered mail. Within 15 calendar days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. (4) The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal: (A) Within 30 calendar days of receipt of the appeal, serve an accusation upon the excluded person. (B) Within 60 calendar days of receipt of a notice of defense by the excluded person pursuant to Section 11506 of the Government Code, begin a hearing on the accusation. (5) An order of immediate exclusion may exclude an individual listed in subdivision (a) from a home care organization, the home care aide registry, or both, and shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed to be vacated if the director fails to make a final determination on the merits within 60 calendar days after the proposed decision is issued. (c) An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, within 48 hours of the change, until the hearing process has been completed or terminated. (d) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (e) (1) The department may institute or continue a disciplinary proceeding against an individual listed in subdivision (a) upon any ground provided by this section, or enter an order prohibiting any person from being a member of the board of directors or governing body, an executive director, an officer, a licensee, or from contact with clients, prospective clients, or access to confidential client information of the home care organization or otherwise take disciplinary action against the excluded person, notwithstanding any withdrawal of home care organization application, withdrawal of registry application, resignation, withdrawal of employment application, surrender of registration, surrender of home care organization license, forfeiture, change of duties, discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients of the home care organization. (2) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1796.38. (f) If the excluded person appealed the exclusion order, and the exclusion order was upheld through the administrative hearing process, the person shall be prohibited for the remainder of the excluded person’s life, unless otherwise ordered by the department, from doing any of the following: (1) Serving as a member of the board of directors or governing body, an executive director, an officer, or a licensee of a home care organization. (2) Being employed at, continuing employment, or volunteering at a home care organization if the individual has contact with clients, prospective clients, or confidential client information of a home care organization. (3) Becoming, or continuing to be, a registered home care aide. (4) Having contact with clients, prospective clients, or access to confidential client information of a home care organization. (g) If the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the excluded person shall be prohibited by the department from engaging in the activities set forth in paragraphs (1) to (4), inclusive, of subdivision (f) for the remainder of the excluded person’s life, unless otherwise ordered by the department. (h) The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order. (Added by Stats. 2023, Ch. 43, Sec. 28. (AB 120) Effective July 10, 2023.)
  151. 1796.57.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 11. Enforcement [1796.55 - 1796.59] ( Article 11 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A person must not falsely represent themselves as a home care aide applicant or a registered home care aide; doing so is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 11. Enforcement [1796.55 - 1796.59] ( Article 11 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.57. It is a misdemeanor for a person to falsely represent or present himself or herself as a home care aide applicant or registered home care aide. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  152. 1796.58.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 11. Enforcement [1796.55 - 1796.59] ( Article 11 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A person who violates this chapter, or willfully or repeatedly violates a rule or regulation under it, commits a misdemeanor and may be fined up to $1,000, jailed up to 180 days, or both.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 11. Enforcement [1796.55 - 1796.59] ( Article 11 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.58. Any person who violates this chapter, or who willfully or repeatedly violates a rule or regulation promulgated under this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in a county jail for a period not to exceed 180 days, or by both that fine and imprisonment. (Amended by Stats. 2014, Ch. 54, Sec. 6. (SB 1461) Effective January 1, 2015. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  153. 1796.59.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 11. Enforcement [1796.55 - 1796.59] ( Article 11 added by Stats. 2013, Ch. 790, Sec. 1. )

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    County district attorneys and certain city attorneys may prosecute violations under this chapter, and the department may use civil, criminal, and administrative remedies together.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 11. Enforcement [1796.55 - 1796.59] ( Article 11 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.59. (a) Notwithstanding any other provision of this chapter, the district attorney of every county, and city attorneys in cities that have city attorneys who have jurisdiction to prosecute misdemeanors pursuant to Section 72193 of the Government Code, may, upon their own initiative or upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation within their county of this chapter or a rule or regulation promulgated under this chapter. (b) The civil, criminal, and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination as determined by the department to enforce this chapter or a rule or regulation promulgated under this chapter. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  154. 1796.61.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. )

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    Chapter 13 is implemented on January 1, 2016. Certain home care organization applicants and home care aide applicants who applied before that date may provide services without meeting Section 1796.45, but they must meet that section by July 1, 2016 and must meet all chapter requirements by then to keep providing services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.61. (a) This chapter shall be implemented on January 1, 2016. (b) Home care organization applicants and home care aide applicants who submit applications prior to January 1, 2016, shall be authorized to provide home care services without meeting the requirements of Section 1796.45, provided the requirements of that section are met no later than July 1, 2016. (c) The applicants described in subdivision (b) shall meet all the requirements of this chapter no later than July 1, 2016, in order to continue to provide home care services. (Amended by Stats. 2014, Ch. 29, Sec. 62. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61. Note: This section prescribes a delayed implementation date (Jan. 1, 2016) for Chapter 13, commencing with Section 1796.10.)
  155. 1796.62.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. )

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    This provision says the chapter and related rules are implemented only if money is made available through an annual Budget Act appropriation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.62. This chapter and any rules and regulations promulgated pursuant to this chapter shall only be implemented to the extent that funds are made available through an appropriation in the annual Budget Act. (Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  156. 1796.63.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. )

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    The department may issue, change, or repeal rules for this chapter, use written directives temporarily, and adopt emergency regulations, with limits and deadlines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.63. (a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of the Government Code, any reasonable rules, regulations, and standards as may be necessary or proper to carry out the purpose and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this chapter through written directives, without taking regulatory action, subject to the limitations provided in subdivision (b). (b) The department’s authority to implement and administer this chapter through written directives shall expire no later than January 1, 2018, or upon the effective date of regulations promulgated in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), whichever occurs sooner. (c) The department may adopt emergency regulations to implement and administer the provisions of this chapter. The department may readopt any emergency regulations that are the same as, or substantially equivalent to, any emergency regulations previously adopted. The initial adoption and readoption of emergency regulations for the implementation and administration of this chapter pursuant to this subdivision shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The initial and readopted emergency regulations shall be exempt from review by the Office of Administrative Law. The initial and readopted emergency regulations shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each adoption or readoption shall remain in effect for no more than 180 days. (Amended by Stats. 2014, Ch. 29, Sec. 63. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.)
  157. 1796.64.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. )

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    A home care organization licensee may ask for inactive license status if the organization is nonoperational because of destruction, significant damage, or prolonged emergency/disaster closure. While inactive, the license is not valid for this chapter, and the department may adjust site-visit timing, inspect if it believes operations continue, and use interim licensing standards.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.64. (a) A licensee of a home care organization may request inactive license status if the home care organization is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code. (b) A license shall not be valid, for purposes of this chapter, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (Added by Stats. 2025, Ch. 546, Sec. 10. (SB 582) Effective January 1, 2026.)
  158. 1796.70.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. )

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    This section defines “rehabilitation innovation center” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13. Home Care Services [1796.10 - 1796.70] ( Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1. ) ## ARTICLE 12. Operation [1796.61 - 1796.70] ( Article 12 added by Stats. 2013, Ch. 790, Sec. 1. ) ## 1796.70. For purposes of this chapter, “rehabilitation innovation center” means a not-for-profit or government-owned rehabilitation facility that meets all of the following: (a) Is classified as a not-for-profit entity or as a government-owned institution under the Centers for Medicare and Medicaid Services Provider of Services file. (b) Holds at least one federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability, Independent Living, and Rehabilitation Research at the federal Department of Health and Human Services. (c) Has at least 200 Medi-Cal discharges per year. (Added by renumbering Section 1797.8 (as added by Stats. 2017, Ch. 386, Sec. 3) by Stats. 2019, Ch. 497, Sec. 156. (AB 991) Effective January 1, 2020.)
  159. 1796.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    This chapter applies to certain entities licensed by the State Department of Social Services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.80. This chapter shall apply to the entities licensed by the State Department of Social Services pursuant to the following: (a) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (b) Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code. (c) Chapter 3.15 (commencing with Section 1568.21) of Division 2 of the Health and Safety Code. (d) Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code. (e) Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code. (f) Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code. (g) Chapter 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code. (h) Chapter 3.65 (commencing with Section 1597.70) of Division 2 of the Health and Safety Code. (i) Chapter 13 (commencing with Section 1796.10) of Division 2 of the Health and Safety Code. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  160. 1796.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    This chapter applies only when one of the listed emergency or disaster proclamations or declarations exists.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.81. This chapter shall apply to all of the following proclamations or declarations: (a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code. (b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act). (c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act. (d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  161. 1796.82.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    Certain nonoperational entities may request inactive license status, but must notify the State Department of Social Services within 90 days if they want to do so.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.82. (a) In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply: (1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Social Services shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to request inactive license status if the entity notifies the department that it intends to become operational again by being rebuilt or reopening in the same location. (2) The entity shall notify the State Department of Social Services within 90 days of the proclamation or declaration if the entity seeks to request inactive license status pursuant to paragraph (1). The department may extend the time to submit a request for inactive license status, subject to department approval. Inactive license status shall be limited to no more than two years but may be extended, subject to department approval. (b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  162. 1796.83.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    If an eligible entity has been approved for inactive license status, the department may waive some or all annual or biennial state licensing fees on a year-by-year basis.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.83. Notwithstanding any other law, in the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Social Services has approved a request for inactive license status pursuant to Section 1796.82, the department may waive, in whole or in part, the annual or biennial state licensing fees, as applicable, for the entity on a year-by-year basis. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  163. 1796.84.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    If a covered entity is licensed by more than one state department, becomes nonoperational, and asks for inactive license status under Section 1796.82, the governing state departments must coordinate their operational steps, including using concurrent processes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and requests inactive license status pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  164. 1796.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    After certain emergency proclamations or declarations, the health services department must treat CBAS emergency remote service conditions as met for 30 days, and the social services department must waive in-person or daily attendance rules for childcare programs for 90 days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.85. (a) For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Health Care Services shall require Medi-Cal managed care plans to presume that conditions are met for Emergency Remote Services in Community-Based Adult Services (CBAS) programs, as described in Section 14184.201 of the Welfare and Institutions Code, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days. (b) For the duration of the first 90 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Social Services shall waive in-person or daily attendance requirements for childcare programs for purposes of an entity made nonoperational, as described in Section 1796.82, during those 90 calendar days. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  165. 1796.86.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    The State Department of Social Services must work with specified local officials and agencies to make inspection and licensing processes faster and smoother for entities restarting after a proclaimed or declared emergency or disaster.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  166. 1796.87.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    The State Department of Social Services may use interim licensing standards to implement, interpret, or make specific this section until regulations are adopted.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.87. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  167. 1796.88.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. )

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    During certain emergency or disaster proclamations, the State Department of Public Health may keep using its existing authority and may suspend facility beds, services, or licenses, coordinate inspections, waive fees when allowed, and consider program flexibility requests.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Licensing During Emergencies or Disasters [1796.80 - 1796.88] ( Chapter 15 added by Stats. 2025, Ch. 546, Sec. 11. ) ## 1796.88. In the event of a proclamation or declaration listed in Section 1796.81, the State Department of Public Health may continue to exercise its existing authority, including, but not limited to, pursuant to Sections 1245, 1271.1, and 1300, and any proclamation or declaration authorizing alternative action. The department may take actions, including, but not limited to: (a) Suspending a facility’s beds, services, or license to assist facilities that have been rendered nonoperational due to a declared disaster. (b) Coordinating site inspections and facilitating the reestablishment of services. (c) Waiving applicable fees when authorized by existing law. (d) Considering program flexibility requests. (Added by Stats. 2025, Ch. 546, Sec. 11. (SB 582) Effective January 1, 2026.)
  168. 1796.90.

    ## Health and Safety Code - HSC ## DIVISION 2.1. CHILDREN’S CAMPS [1796.90 - 1796.91] ( Division 2.1 added by Stats. 2024, Ch. 341, Sec. 1. )

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    The State Department of Social Services must prepare a report on children’s camp health and safety regulation and oversight, if the Legislature appropriates funds for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 2.1. CHILDREN’S CAMPS [1796.90 - 1796.91] ( Division 2.1 added by Stats. 2024, Ch. 341, Sec. 1. ) ## 1796.90. (a) (1) Subject to an appropriation by the Legislature for this purpose, the State Department of Social Services shall prepare a report, informed by consultation with a wide variety of stakeholders, regarding approaches for children’s camp health and safety regulation and oversight, as described in Section 1796.91. (2) In preparing the report, the State Department of Social Services shall consult with a range of stakeholders, including, but not limited to, the following: (A) The State Department of Public Health. (B) The State Department of Education. (C) The Department of Industrial Relations. (D) The Department of Parks and Recreation. (E) The Office of the State Fire Marshal. (F) Local city, county, and special district parks departments, in consultation with the Department of Parks and Recreation. (G) Local health departments, and local environmental health departments, in consultation with the State Department of Public Health. (H) Parent advocates. (b) The State Department of Social Services may contract for consultation services and the preparation of the report described in this section. (c) Notwithstanding any other law, for purposes of this division, all contracts shall be exempt from the personal services contracting requirements of Article 4 (commencing with section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of Technology or the Department of General Services. (Added by Stats. 2024, Ch. 341, Sec. 1. (AB 262) Effective January 1, 2025.)
  169. 1796.91.

    ## Health and Safety Code - HSC ## DIVISION 2.1. CHILDREN’S CAMPS [1796.90 - 1796.91] ( Division 2.1 added by Stats. 2024, Ch. 341, Sec. 1. )

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    The State Department of Social Services must submit a report to the Legislature within 24 months after funds are appropriated for this purpose.

    ## Health and Safety Code - HSC ## DIVISION 2.1. CHILDREN’S CAMPS [1796.90 - 1796.91] ( Division 2.1 added by Stats. 2024, Ch. 341, Sec. 1. ) ## 1796.91. (a) No later than 24 months after the date funds have been appropriated to the department for this purpose, the State Department of Social Services shall submit the report created under Section 1796.90 to the Legislature. At a minimum, the report shall include recommendations for all of the following: (1) The definition of a children’s camp. (2) The government agency or agencies necessary to adopt and enforce regulations or written directives until regulations are adopted, including for approaches that may include a licensing program, relating to children’s camps. (3) Minimum health and safety requirements to protect children attending children’s camps pursuant to this section’s requirements. (b) The report shall include cost estimates and a cost and benefits analysis for implementation of each of the approaches detailed in subdivision (a). (c) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 341, Sec. 1. (AB 262) Effective January 1, 2025.)
  170. 17960.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    City and county building departments must enforce the State Building Standards Code and related housing rules within their jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17960. The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code, the provisions of this part, and the other rules and regulations promulgated pursuant to the provisions of this part pertaining to the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition, or arrangement of apartment houses, hotels, or dwellings. (Amended by Stats. 1979, Ch. 1152.)
  171. 17960.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    A local agency may use temporary private help for plan checking and may charge applicant fees to cover the directly attributable costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17960.1. (a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function. (b) A local agency need not enter into a contract or employ persons if it determines that no entities or persons are available or qualified to perform the plan-checking services. (c) Entities or persons employed by a local agency may, pursuant to agreement with the local agency, perform all functions necessary to check the plans and specifications to comply with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part, except those functions reserved by this part or local ordinance to the legislative body. A local agency may charge the applicant fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section which the applicant requested. (d) For purposes of this section: (1) “Enforcement agency” means the building department or building division of a local agency. (2) “Local agency” means a city, county, or city and county. (Amended by Stats. 2025, Ch. 487, Sec. 4. (AB 253) Effective October 10, 2025.)
  172. 17960.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    Certain local enforcement departments may create a list of rehabilitation or repair assistance agencies, and their staff may make referrals and add local loan or grant programs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17960.10. The building department, housing department, or health department enforcing any of the provisions of this part may develop a list of public or publicly funded private agencies that finance or assist residential rehabilitation or repair activities for real property owners or renters. Notwithstanding any other provision of law, the staff of that department may provide written or oral referrals to any of those financing or assistance agencies in conjunction with, or as a result of, any inspection, notice of violation, or other activity and may include on the list any loan or grant program operated by the city, county, or city and county employing that staff. (Added by Stats. 2003, Ch. 474, Sec. 3. Effective January 1, 2004.)
  173. 17960.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    This section lets an applicant hire a private professional provider to check plans in some cases, requires notice and reporting steps, and sets deadlines for the city or county to act on the report.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17960.3. (a) (1) Upon an application for a residential building permit being deemed complete pursuant to Section 65913.3 of the Government Code, a city or county shall provide the applicant with an estimated timeframe in which the city or county will determine if the complete application is compliant with permit standards. If the estimated timeframe exceeds 30 business days, the applicant may retain, at the applicant’s sole expense, a private professional provider to check the plans and specifications for their compliance with the requirements imposed pursuant to this part and by local ordinances adopted pursuant to this part. (2) If, within 30 business days of an application for a residential building permit being deemed complete pursuant to Section 65913.3 of the Government Code, the city or county has not determined that the completed application is compliant with permit standards, the applicant may retain, at the applicant’s sole expense, a private professional provider to check the plans and specifications for their compliance with the requirements imposed pursuant to this part and by local ordinances adopted pursuant to this part. (b) An applicant who retains a private professional provider shall notify the city or county of the applicant’s intent to retain a private professional provider no later than five business days after either of the following, as applicable: (1) Provision of the estimated timeframe in paragraph (1) of subdivision (a). (2) The time period in paragraph (2) of subdivision (a) elapses. (c) If a private professional provider performs the plan-checking function, all of the following shall apply: (1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following: (A) That the plans and specifications do or do not comply with the requirements imposed pursuant to this part and local ordinances adopted pursuant to this part. (B) The private professional provider performed the plan-checking function. (2) The applicant shall submit to the city or county a report of the plan-checking function. The report shall include all of the following: (A) The affidavit described in paragraph (1). (B) If the plan and specifications do not comply with the requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, modifications to the plans and specifications that are necessary to comply with the other requirements imposed pursuant to this part and the local ordinances adopted pursuant to this part. (C) Additional information required by the city or county. (3) Within 10 business days of receiving the report pursuant to paragraph (2), the city or county shall consider the report and based on the report shall do either of the following: (A) Issue the residential building permit if the plans and specifications comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. (B) Notify the applicant in writing that the plans and specifications do not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the plans and specifications do not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the plans and specifications to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. (4) If the city or county does not issue the residential building permit or notify the applicant within 10 business days pursuant to paragraph (3), and the affidavit provided pursuant to paragraph (1) states that the plans and specifications comply with the other requirements imposed pursuant to this part and local ordinances adopted pursuant to this part, the plans and specifications shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the residential building permit shall be deemed approved. (5) The local agency shall be deemed in compliance with the requirements of Section 65913.3 of the Government Code as those requirements pertain to the residential building permit. (6) The applicant shall indemnify the local agency from any property damage or personal injury arising from construction in accordance with the plans checked by a private professional provider pursuant to this section. (7) Notwithstanding Section 815.6 of the Government Code, a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of any residential building permit pursuant to this section. (d) (1) If the city or county notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may resubmit corrected plans and specifications to the city or county to check the corrected plans and specifications. (2) If an applicant resubmits corrected plans and specifications, the resubmitted plans and specifications shall be subject to the same timelines of a new application as specified in subdivision (c). (e) Nothing in this section shall be construed to prohibit a city, county, or city and county from providing a self-certification program under terms that are different from those set forth in this section to the extent that the local program does not conflict with the requirements of this section. (f) Commencing April 1, 2027, a city or county shall include all of the following in the report it submits pursuant to Section 65400 of the Government Code: (1) The number of residential building permits that were reviewed by the city or county. (2) The number of residential building permits that were reviewed by a private professional provider pursuant to this section. (3) The number of full-time equivalent staff members directly involved in the processing of residential building permits, delineated by those primarily performing plan review functions and those primarily performing final permit approval or issuance functions. The reporting of these classifications shall be separate and shall not be combined. (g) For the purposes of this section: (1) “Applicant” means a person who submits an application. (2) “Application” means an application for a residential building permit. (3) “Private professional provider” means a professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) or an architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code) who is currently certified as a residential plans examiner by the International Code Council, currently certified as a plans examiner by the International Association of Plumbing and Mechanical Officials, or currently certified by another state, national, or international association that the local agency recognizes as an acceptable certification for residential building plans examiners employed by the city or county. The private professional provider shall not have a financial interest in the residential building permit or in preparing the plans and specifications. (4) “Residential building permit” means a building permit for either of the following: (A) A new residential construction of a building that contains at least 1 dwelling unit, but no more than 10 dwelling units, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level. (B) A residential addition to, or a remodel of, an existing building that contains at least 1 dwelling unit, but no more than 10 dwelling units, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level, for the purpose of adding new residential units to the existing building, not to exceed 10 total units in the building as proposed to be constructed. (h) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Added by Stats. 2025, Ch. 487, Sec. 5. (AB 253) Effective October 10, 2025. Repealed as of January 1, 2036, by its own provisions.)
  174. 17960.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    Certain new residential housing projects are exempt from specified California building standards if they were approved by the local agency by June 15, 1982 and the required permit applications were filed by the stated deadlines.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17960.5. The building standards for residential buildings in Chapter 2-53 of Part 2, and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code effective July 13, 1982, shall not apply to the construction of new residential housing projects which received approval by an advisory agency or other appropriate local agency on or before June 15, 1982, provided application for the permits to construct single-family detached dwellings are submitted or filed on or before June 15, 1983, and the application for all other residential building permits are submitted or filed on or before December 31, 1983. For the purposes of this section, “approval” includes, but is not limited to, approval or conditional approval of a tentative subdivision or tentative parcel map or parcel map pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), condominium plan or other permit for a residential housing project. (Added by Stats. 1982, Ch. 507, Sec. 1. Effective July 13, 1982.)
  175. 17961.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    Local housing, building, health, and certain environmental agencies are responsible for enforcing specified housing standards, and they must coordinate to avoid duplicate enforcement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17961. (a) The housing or building department or, if there is no building department acting pursuant to this section, the health department of every city, county, or city and county, or any environmental agency authorized pursuant to Section 101275, shall enforce within its jurisdiction all of this part, the building standards published in the State Building Standards Code, and the other rules and regulations adopted pursuant to this part pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. The health department or the environmental agency may, in conjunction with a local housing or building department acting pursuant to this section, enforce within its jurisdiction all of this part, the building standards published in the State Building Standards Code, and the other rules and regulations adopted pursuant to this part pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. Each department and agency, as applicable, shall coordinate enforcement activities with each other and interested departments and agencies in order to avoid unnecessary duplication. (b) Notwithstanding subdivision (a), the health department of every city, county, or city and county, or any environmental agency authorized pursuant to Section 101275 may, in addition to the local building or housing department, if any, enforce within its jurisdiction the provisions of Section 17920.10 and shall coordinate enforcement activities with other interested departments and agencies in order to avoid unnecessary duplication. (c) The State Department of Public Health may enforce Section 17920.10 if any local agency or department specified in subdivisions (a) and (b) enters into a written agreement, approved and published pursuant to local government procedures, with the State Department of Public Health to enforce that section, or provides the State Department of Public Health with a written request to enforce that section for a specific case following the identification of a lead poisoned child in that jurisdiction. (Amended by Stats. 2013, Ch. 89, Sec. 3. (SB 488) Effective January 1, 2014.)
  176. 17962.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    Fire chiefs and their authorized representatives must enforce specified fire- and panic-safety provisions in their own areas.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17962. The chief of any city or any county fire department or district providing fire protection services, and their authorized representatives, shall enforce in their respective areas all those provisions of this part, the building standards published in the State Building Standards Code relating to fire and panic safety, and those rules and regulations promulgated pursuant to the provisions of this part pertaining to fire prevention, fire protection, the control of the spread of fire, and safety from fire or panic. (Amended by Stats. 1980, Ch. 118.)
  177. 17964.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    A city, county, or city and county may assign an organized department or officer to enforce this part and related building rules, and the designated department or officer must send the department annual contact information by March 1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17964. By charter, ordinance, or resolution, a city, county, or city and county may designate and charge a department organized to carry out the purposes of this part, or an officer charged with the responsibility of carrying out this part, with the enforcement of this part, the building standards published in the California Building Standards Code, or any other rules and regulations adopted pursuant to this part for the protection of the public health, safety, and general welfare as set forth in Section 17921. However, this section shall apply to the duties and responsibilities enumerated in Section 17962 only if, in the area involved, there is no city, county, or city and county fire department or district providing fire protection services. By March 1 of each year, the designated department or officer shall provide in writing to the department the name, address, telephone number, and contact person of the designated department or officer. (Amended by Stats. 2000, Ch. 471, Sec. 8. Effective January 1, 2001.)
  178. 17965.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    If no local enforcement agency is responsible, the department must enforce the applicable housing provisions and related standards for apartment houses, hotels, and dwellings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17965. Where there is no local enforcement agency charged with the enforcement of this part pursuant to Section 17964, and to the extent that enforcement responsibility is not assigned to a local enforcement agency pursuant to Section 17960, 17961, or 17961.5, the department shall enforce all the applicable provisions of this part, the building standards published in the State Building Standards Code, and other rules and regulations promulgated by the department pursuant to the provisions of this part, or alternative standards adopted by a city or county pursuant to this part, pertaining to apartment houses, hotels, or dwellings. (Amended by Stats. 1979, Ch. 1152, Sec. 87.5.)
  179. 17966.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    Cities, counties, and fire protection districts may contract with the department for enforcement assistance.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17966. Cities or counties or fire protection districts may contract with the department for assistance by the department in the enforcement of the applicable provisions of this part, the building standards published in the State Building Standards Code, and the other rules and regulations promulgated pursuant to the provisions of this part within such cities or counties. Such contracts shall contain provisions for the payment of the costs of such enforcement, or portions thereof, as may be determined by the department. (Amended by Stats. 1979, Ch. 1152, Sec. 88.5.)
  180. 17967.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. )

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    The department may examine certain local enforcement records and get reports and copies of those records at any time, and it must pay the duplication cost.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 1. Enforcement Agencies [17960 - 17967] ( Article 1 added by Stats. 1961, Ch. 1844. ) ## 17967. The department may examine the records of the various city, city and county, or county departments charged with the enforcement of building standards published in the State Building Standards Code and the other rules and regulations promulgated pursuant to the provisions of this part and secure from them reports and copies of their records at any time. The department shall pay the cost of duplicating such records. (Amended by Stats. 1979, Ch. 1152.)
  181. 1797.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    This division may be cited as the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797. This division shall be known and may be cited as the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act. (Amended by Stats. 1986, Ch. 248, Sec. 121.)
  182. 1797.1.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    This section says the Legislature intends to create a statewide emergency medical services system and establish the Emergency Medical Services Authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.1. The Legislature finds and declares that it is the intent of this act to provide the state with a statewide system for emergency medical services by establishing within the Health and Welfare Agency the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state activities concerning emergency medical services. (Amended by Stats. 1983, Ch. 1246, Sec. 6.)
  183. 1797.10.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    This section allows certain ambulance operators and emergency responders to transport injured police canines or search and rescue dogs to veterinary care, sets a handler-accompaniment rule when feasible, and gives limited liability protection for good-faith first aid.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.10. (a) For the purposes of this section, “police canine” means a canine that is owned, or the service of which is employed, by a state or local law enforcement agency, a correctional agency, a fire department, a special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection of criminal activity, flammable materials, or missing persons, the enforcement of laws, the investigation of fires, or the apprehension of offenders. (b) For the purposes of this section, “search and rescue dog” has the same meaning as in Section 54.25 of the Civil Code. (c) A person licensed to operate an ambulance pursuant to Section 2510 of the Vehicle Code or a person who operates ambulances owned or operated by a fire department of a federally recognized Indian tribe may transport a police canine or a search and rescue dog that is injured in the line of duty to a veterinary clinic or similar facility if there is no other person requiring medical attention or transport at that time. To the extent feasible, the handler of the police canine or search and rescue dog shall accompany the animal during transport to maintain control of the animal during transport. (d) (1) Notwithstanding Section 4825 of the Business and Professions Code, an emergency responder may provide basic first aid to a police canine or search and rescue dog that is injured in the line of duty while the police canine or search and rescue dog is being transported to a veterinary clinic or similar facility. (2) An emergency responder who acts in good faith and not for compensation to provide basic first aid to an injured police canine or search and rescue dog while the police canine or search and rescue dog is being transported to a veterinary clinic or similar facility is not subject to criminal or civil liability for any injury to the canine that occurs during the emergency transportation or administration of medical care described in this section, subject to the limitation described in paragraph (3). (3) This subdivision does not apply to an act or omission by an emergency responder that constitutes gross negligence or willful or wanton misconduct. (4) An emergency responder who provides basic first aid to an injured police canine or search and rescue dog while the police canine or search and rescue dog is being transported to a veterinary clinic or similar facility does not render the transportation or care “for compensation” for the purpose of this section, notwithstanding their receipt of compensation for other services as a result of their employment. (e) This section does not require an ambulance to transport, or an emergency responder to provide first aid to, a police canine or search and rescue dog. A contract for the provision of emergency medical response or transport shall not contain, as a condition of award, a requirement to provide care or transport to police canines or search and rescue dogs. (f) (1) An ambulance operator that elects to provide transport to police canines or search and rescue dogs pursuant to this section shall develop policies regarding the transport of canines, including, but not limited to, what additional equipment should be carried by the ambulance and any necessary decontamination procedures following the transport of the animal before returning the ambulance to human patient use. The policies shall be submitted to, and approved by, the local emergency medical services agency. (2) This subdivision does not apply to ambulances owned or operated by a fire department of a federally recognized Indian tribe. (Added by Stats. 2025, Ch. 98, Sec. 1. (AB 463) Effective January 1, 2026.)
  184. 1797.100.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The Emergency Medical Services Authority exists in the state government within the California Health and Human Services Agency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.100. There is in the state government, in the California Health and Human Services Agency, the Emergency Medical Services Authority. (Amended by Stats. 2023, Ch. 42, Sec. 19. (AB 118) Effective July 10, 2023.)
  185. 1797.101.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The Emergency Medical Services Authority must have a Director and a chief medical officer, both appointed by the Governor under specified nomination and Senate-confirmation conditions. The chief medical officer must be a California-licensed physician and surgeon with substantial emergency medicine or emergency response experience.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.101. (a) The Emergency Medical Services Authority shall be headed by the Director of the Emergency Medical Services Authority, who shall be appointed by the Governor upon nomination by the Secretary of California Health and Human Services, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. (b) The Emergency Medical Services Authority shall have a chief medical officer of the Emergency Medical Services Authority, who shall be appointed by the Governor upon nomination by the Secretary of California Health and Human Services, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. The chief medical officer shall be a physician and surgeon licensed in California pursuant to the provisions of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and who has substantial experience in the practice of emergency medicine or emergency response in California. (c) The chief medical officer shall provide clinical leadership and oversight concerning treatment, education, and other matters involving medical decisionmaking and delivery of patient care, including, but not limited to, scope of practice, trauma system organization, stroke and ST-elevation myocardial infarction (STEMI) requirements, and first aid and CPR training. (Amended by Stats. 2023, Ch. 191, Sec. 3. (SB 137) Effective September 13, 2023.)
  186. 1797.102.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must assess each EMS area or the system’s service area using regional and local information.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.102. The authority, utilizing regional and local information, shall assess each EMS area or the system’s service area for the purpose of determining the need for additional emergency medical services, coordination of emergency medical services, and the effectiveness of emergency medical services. (Added by Stats. 1980, Ch. 1260.)
  187. 1797.103.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must develop planning and implementation guidelines for emergency medical services systems.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.103. The authority shall develop planning and implementation guidelines for emergency medical services systems which address the following components: (a) Manpower and training. (b) Communications. (c) Transportation. (d) Assessment of hospitals and critical care centers. (e) System organization and management. (f) Data collection and evaluation. (g) Public information and education. (h) Disaster response. (Added by Stats. 1980, Ch. 1260.)
  188. 1797.104.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must provide technical assistance to existing agencies, counties, and cities to help develop emergency medical services systems.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.104. The authority shall provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of emergency medical services systems. (Added by Stats. 1980, Ch. 1260.)
  189. 1797.105.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must receive EMS and trauma care implementation plans from local EMS agencies, and local agencies may implement plans after guidelines or regulations are set unless the authority rejects the plan under the stated criteria.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.105. (a) The authority shall receive plans for the implementation of emergency medical services and trauma care systems from local EMS agencies. (b) After the applicable guidelines or regulations are established by the authority, a local EMS agency may implement a local plan developed pursuant to Section 1797.250, 1797.254, 1797.257, or 1797.258 unless the authority determines that the plan does not effectively meet the needs of the persons served and is not consistent with coordinating activities in the geographical area served, or that the plan is not concordant and consistent with applicable guidelines or regulations, or both the guidelines and regulations, established by the authority. (c) A local EMS agency may appeal a determination of the authority pursuant to subdivision (b) to the commission. (d) In an appeal pursuant to subdivision (c), the commission may sustain the determination of the authority or overrule and permit local implementation of a plan, and the decision of the commission is final. (Amended by Stats. 1984, Ch. 1735, Sec. 1. Effective September 30, 1984.)
  190. 1797.106.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    EMS regulations may not block contracted hospitals from providing needed care, and they must address transport/transfer of eligible plan members to contracting hospitals, with a narrow nearest-hospital exception.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.106. (a) Regulations, standards, and guidelines adopted by the authority and by local EMS agencies pursuant to the provisions of this division shall not prohibit hospitals which contract with group practice prepayment health care service plans from providing necessary medical services for the members of those plans. (b) Regulations, standards, and guidelines adopted by the authority and by local EMS agencies pursuant to the provisions of this division shall provide for the transport and transfer of a member of a group practice prepayment health care service plan to a hospital that contracts with the plan when the base hospital determines that the condition of the member permits the transport or when the condition of the member permits the transfer, except that when the dispatching agency determines that the transport by a transport unit would unreasonably remove the transport unit from the area, the member may be transported to the nearest hospital capable of treating the member. (Amended by Stats. 1986, Ch. 248, Sec. 127.)
  191. 1797.107.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority may adopt, amend, or repeal reasonable and proper rules and regulations, but only after commission approval and in line with Chapter 3.5 and other state statutes.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.107. The authority shall adopt, amend, or repeal, after approval by the commission and in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such rules and regulations as may be reasonable and proper to carry out the purposes and intent of this division and to enable the authority to exercise the powers and perform the duties conferred upon it by this division not inconsistent with any of the provisions of any statute of this state. (Amended by Stats. 1986, Ch. 248, Sec. 128.)
  192. 1797.108.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority may fund and contract with EMS agencies, and funded local or multicounty EMS agencies must file quarterly reports.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.108. Subject to the availability of funds appropriated therefor, the authority may contract with local EMS agencies to provide funding assistance to those agencies for planning, organizing, implementing, and maintaining regional emergency medical services systems. In addition, the authority may provide special funding to multicounty EMS agencies which serve rural areas with extensive tourism, as determined by the authority, to reduce the burden on the rural EMS agency of providing the increased emergency medical services required due to that tourism. Each local or multicounty EMS agency receiving funding pursuant to this section shall make a quarterly report to the authority on the functioning of the local EMS system. The authority may continue to transfer appropriated funds to the local EMS agency upon satisfactory operation. (Added by Stats. 1983, Ch. 191, Sec. 3. Effective July 11, 1983.)
  193. 1797.109.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The director may set up and approve emergency medical technician training and testing programs, and the California Highway Patrol must provide initial training for its uniformed personnel if federal funds are available.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.109. (a) The director may develop, or prescribe standards for and approve, an emergency medical technician training and testing program for the Department of the California Highway Patrol, Department of Forestry and Fire Protection, California Fire Fighter Joint Apprenticeship Committee, and other public safety agency personnel, upon the request of, and as deemed appropriate by, the director for the particular agency. (b) The director may, with the concurrence of the Department of the California Highway Patrol, designate the California Highway Patrol Academy as a site where the training and testing may be offered. (c) The director may prescribe that each person, upon successful completion of the training course and upon passing a written and a practical examination, be certified as an emergency medical technician of an appropriate classification. A suitable identification card may be issued to each certified person to designate that person’s emergency medical skill level. (d) The director may prescribe standards for refresher training to be given to persons trained and certified under this section. (e) The Department of the California Highway Patrol shall, subject to the availability of federal funds, provide for the initial training of its uniformed personnel in the rendering of emergency medical technician services to the public in specified areas of the state as designated by the Commissioner of the California Highway Patrol. (Amended by Stats. 2000, Ch. 157, Sec. 1. Effective January 1, 2001.)
  194. 1797.11.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    Certain out-of-state EMS personnel are exempt from the division’s licensure, certification, and accreditation requirements when authorized by the CMO to work at sanctioned 2028 Olympic/Paralympic sites.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.11. (a) (1) Notwithstanding any other law, the licensure, certification, or accreditation requirements of this division shall not apply to any Emergency Medical Technician (EMT-I), Advanced Emergency Medical Technician (EMT-II), or Emergency Medical Technician-Paramedic (EMT-P), or similar emergency medical services (EMS) provider licensed or certified as an EMT-I, EMT-II, EMT-P, or similar EMS provider in another state or territory of the United States, who provides EMS for which they are licensed, if they are authorized by the chief medical officer pursuant to subdivision (b) to provide EMS at sites in this state sanctioned by the Los Angeles Organizing Committee for the 2028 Olympic and Paralympic Games and associated with the 2028 Olympic and Paralympic Games. (2) For purposes of this subdivision, “similar EMS provider” means an EMS provider that meets both of the following requirements: (A) Licensed or certified in a state or territory of the United States that uses a license categorization that differs from this state. (B) Licensed or certified to provide services similar to those provided by an EMT-I, EMT-II, or EMT-P licensed or certified in this state. (b) The chief medical officer (CMO) shall do both of the following: (1) Authorize EMS personnel under this section, based on system needs and informed by committee needs, qualifications of the emergency medical services personnel, and public safety considerations. (2) Be medical control for any EMS personnel who are authorized under paragraph (1) of this subdivision. (c) To be authorized by the CMO under this section, and before being deployed by the CMO, EMS personnel shall provide the CMO a valid copy of a professional license or certification and photograph identification issued by the state or territory in which the EMS personnel holds a license or certification. (d) Emergency medical services providers authorized by the CMO to provide health care pursuant to this section shall not be liable on account of any act or omission taken in good faith while engaged in the provision of services authorized pursuant to this section. As used in this subdivision, “good faith” shall not include willful misconduct, gross negligence, or recklessness. (e) Emergency medical services providers authorized by the CMO to provide health care pursuant to this section shall be authorized to perform the California basic scope of practice for an EMT-I, EMT-II, and EMT-P, as defined in Title 22 of Division 9 of the California Code of Regulations, if the provider has successfully completed the training to perform these skills and they are within the scope of practice for the state in which they are licensed or certified. (f) Sites that may be sanctioned by the committee include competition, noncompetition, athlete village, training, or support sites in this state. (g) Authorization under this section shall be valid from May 15, 2028, to September 15, 2028, inclusive, or until authorization is otherwise withdrawn by the CMO. (h) For purposes of this section, the following definitions apply: (1) “Chief medical officer” or “CMO” means the chief medical officer of the Emergency Medical Services Authority. (2) “Committee” means the Los Angeles Organizing Committee for the 2028 Olympic and Paralympic Games. (Added by Stats. 2025, Ch. 105, Sec. 21. (AB 144) Effective September 17, 2025.)
  195. 1797.110.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority may make advance payments on certain financial assistance contracts, but only if funds are available and the contract is with a qualifying small, rural, or new EMS agency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.110. The Legislature finds that programs funded through the authority are hindered by the length of time required for the state process to execute approved contracts and payment of vendor claims. These programs include, but are not limited to, general fund assistance to rural multicounty EMS agencies and dispersal of federal grant moneys for EMS systems development to local EMS agencies. This hardship is particularly felt by new or rural community based EMS agencies with modest reserves and cash flow problems. It is the intent of the Legislature that advance payment authority be established for the authority in order to alleviate such problems for those types of contractors to the extent possible. Notwithstanding any other provision of law, the authority may, to the extent funds are available, provide for advanced payments under any financial assistance contract which the authority determines has been entered into with any small, rural, or new EMS agency with modest reserves and potential cash flow problems, as determined by the authority. Such programs include, but are not limited to, local county or multicounty EMS agencies. No advance payment or aggregate of advance payments made pursuant to this section shall exceed 25 percent of the total annual contract amount. No advance payment should be made pursuant to this section if the applicable federal law prohibits advance payment. (Added by Stats. 1983, Ch. 191, Sec. 4. Effective July 11, 1983.)
  196. 1797.111.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The director may accept grants of real property interests and certain gifts of money, but only with Department of Finance approval and only for the authority’s work.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.111. With the approval of the Department of Finance, and for use in the furtherance of the work of the authority, the director may accept all of the following: (a) Grants of interest in real property. (b) Gifts of money from public agencies or from organizations or associations organized for scientific, educational, or charitable purpose. (Added by Stats. 1983, Ch. 1246, Sec. 18.)
  197. 1797.112.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    This section creates the Emergency Medical Services Personnel Fund, lets the authority transfer unused funds to the Surplus Money Investment Fund, and requires a 5% reserve balance.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.112. (a) The Emergency Medical Services Personnel Fund is hereby created in the State Treasury, the funds in which are to be held in trust for the benefit of the authority’s testing and personnel licensure program, for the duties and activities of the Paramedic Disciplinary Review Board pursuant to Article 2.5 (commencing with Section 1797.125) of this chapter, and for the purpose of making reimbursements to entities for the performance of functions for which fees are collected pursuant to Section 1797.172, for expenditure upon appropriation by the Legislature. (b) The authority may transfer unused portions of the Emergency Medical Services Personnel Fund to the Surplus Money Investment Fund. Funds transferred to the Surplus Money Investment Fund shall be placed in a separate trust account, and shall be available for transfer to the Emergency Medical Services Personnel Fund, together with interest earned, when requested by the authority. (c) The authority shall maintain a reserve balance in the Emergency Medical Services Personnel Fund of 5 percent. Any increase in the fees deposited in the Emergency Medical Services Personnel Fund shall be effective upon a determination by the authority that additional moneys are required to fund expenditures of the personnel licensure program, including, but not limited to, reimbursements to entities set forth in subdivision (a). (Amended by Stats. 2021, Ch. 463, Sec. 1. (AB 450) Effective January 1, 2022.)
  198. 1797.113.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A training program approval fund is established in the State Treasury, and the authority may use and move certain fund money as described here.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.113. The Emergency Medical Services Training Program Approval Fund is hereby established in the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated to the authority for the authority’s training program review and approval activities. The fees charged by the authority under Section 1797.191 shall be deposited in this fund. The authority may transfer unexpended and unencumbered moneys contained in the Emergency Medical Services Training Program Approval Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest, dividends, and pecuniary gains from these investments or deposits shall accrue to the Emergency Medical Services Training Program Approval Fund. (Amended by Stats. 1998, Ch. 666, Sec. 2. Effective September 21, 1998.)
  199. 1797.114.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    EMS local plans must require transport of a patient to the closest appropriate medical facility when the patient’s emergency health care needs require it.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.114. The rules and regulations of the authority established pursuant to Section 1797.107 shall include a requirement that a local EMS agency local plan developed pursuant to this division shall require that in providing emergency medical transportation services to any patient, the patient shall be transported to the closest appropriate medical facility, if the emergency health care needs of the patient dictate this course of action. Emergency health care need shall be determined by the prehospital emergency medical care personnel under the direction of a base hospital physician and surgeon or in conformance with the regulations of the authority adopted pursuant to Section 1797.107. (Added by Stats. 1998, Ch. 979, Sec. 4. Effective January 1, 1999.)
  200. 1797.115.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The Director of Finance may transfer certain federal trust fund money to the Emergency Medical Services Authority if legal and funding conditions are met, and the authority must allocate and recover costs from those funds.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.115. (a) To the extent permitted by federal law and upon appropriation in the annual Budget Act or another statute, the Director of Finance may transfer any moneys in the Federal Trust Fund established pursuant to Section 16360 of the Government Code to the Emergency Medical Services Authority if the money is made available by the United States for expenditure by the state for purposes consistent with the implementation of this section. (b) Moneys appropriated pursuant to subdivision (a) shall be allocated by the authority to the California Fire Fighter Joint Apprenticeship Program to do all of the following: (1) Offset the cost of paramedic training course development. (2) Enter into reimbursement contracts with eligible state and local agencies that in turn may contract with educational institutions for the delivery of paramedic training conducted in compliance with the requirements of subdivision (a) of Section 1797.172. (3) Allocate funds, in the form of grants, to eligible state and local agencies to defray the cost of providing paramedic training for fire services personnel, including, but not limited to, instructional supplies and trainee compensation expenses. (c) To the extent permitted by federal law, the authority shall recover its costs for administration of this section from the funds transferred pursuant to subdivision (a). (d) In order to be eligible for a grant under paragraph (3) of subdivision (b), a state or local agency shall demonstrate a need for additional paramedics. (e) For purposes of this section, the following definitions apply: (1) “Fire service personnel” includes, but is not limited to, a firefighter or prehospital emergency medical worker employed by a state or local agency. (2) “Local agency” means any city, county, city and county, fire district, special district, joint powers agency, or any other political subdivision of the state that provides fire protection services. (3) “State agency” means any state agency that provides residential or institutional fire protection, including, but not limited to, the Department of Forestry and Fire Protection. (Amended by Stats. 2003, Ch. 62, Sec. 180. Effective January 1, 2004.)

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