California Code of Regulations
Title 22 - Social Security
Division 12 - Child Care Facility Licensing Regulations
Chapter 3 - Family Day Care Homes for Children
Article 3 - Application Procedure
Section 102371 - Fire Safety Clearance

Universal Citation: 22 CA Code of Regs 102371

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

(a) A fire safety clearance approved by the city or county fire department, the district providing fire protection services, or the State Fire Marshal shall be required for a large family child care home.

(1) For purposes of Section 102371, "nonambulatory persons" includes the following persons who would be unable to leave a building unassisted under emergency conditions:
(A) Any person who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger; and

(B) Persons who depend upon mechanical aids such as crutches, walkers, and wheelchairs.

(2) The Director of Social Services or his/her designated representative, in consultation with the Director of Developmental Services or his/her designated representative, shall determine the ambulatory or nonambulatory status of persons with developmental disabilities.

(3) The Director of Social Services or his/her designated representative shall determine the ambulatory or nonambulatory status of all other disabled persons placed after January 1, 1984, who are not developmentally disabled.

(b) A fire clearance shall not be required for a small family child care home.

1. Change without regulatory effect (Register 86, No. 29).
2. Amendment filed 12-30-87 as an emergency; operative 1-1-88 (Register 88, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-2-88.
3. Certificate of Compliance transmitted to OAL 4-28-88 and filed 5-31-88 (Register 88, No. 30).
4. Change without regulatory effect amending subsection (a) and adopting subsections (a)(1)-(b)(2) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
5. Amendment of subsections (a) and (b), repealer of subsections (b)(1) and (b)(2), and amendment of NOTE filed 10-6-97; operative 11-5-97 (Register 97, No. 41).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.78, 1596.81(b), 1597.44, 1597.45, 1597.465, 13131, 13131.3 and 13143, Health and Safety Code.

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