Section 455

equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any of the appeal.

455.2. For purposes of clarification, Health and Safety Code Section 1597.46 is repeated.

(a) A city, county, or city and county shall not prohibit large family day care homes on lots zoned for single-fam- ily dwellings, but shall do one of the following:

(1) Classify these homes as a permitted use of residen- tial property for zoning purposes.

(2) Grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large family day- care home that complies with local ordinances pre- scribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the state fire marshal pursuant to that subdivision. Any noise standards shall be con- sistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children. The permit issued pursuant to this paragraph shall be granted by the zoning administrator, if any, or if there is no zoning administrator by the person or persons designated by the planning agency to grant such per- mits, upon the certification without a hearing.

(3) Require any large family day-care home to apply for a permit to use a lot zoned for single-family dwell- ings. The zoning administrator, if any, or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits shall review and decide the applications. The use permit shall be granted if the large family day care home com- plies with local ordinances, if any, prescribing reason- able standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the state fire marshal pursuant to that sub- division.

Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children.

The local government shall process any required permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process. Not less than 10 days prior to the date on which the decision will be made on the application, the zoning administrator or person designated to han- dle such use permits shall give notice of the proposed use by mail or delivery to all owners shown on the last

(b) A large family day-care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.

(c) Use of a single-family dwelling for the purposes of a large family day-care home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law), or for purposes of local building and fire codes.

(d) Large family day-care homes shall be considered as single-family residences for the purposes of the State Uni- form Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Mar- shal pursuant to this subdivision.

Large family day-care homes shall be equipped with State Fire Marshal approved and listed single station residential type smoke alarms. The number and place- ment of smoke alarms shall be determined by the enforcement authority.

Large and small family day-care homes shall be equipped with a portable fire extinguisher having a minimum 2A10BC rating.

See Section 907.2.6.4.

Every large-family day-care home shall comply with the provisions for Group R-3 occupancies and, if appropriate, Section 436.1. For the purposes of Section 436.1, the first story shall be designated as the floor used for residential occupancy nearest to the street level which pro- vides primary access to the building.

Enforcement of the provisions shall be in accordance with the Health and Safety Code Sections 13145 and 13146. No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in large-family day-care homes which is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordi- nance or local rule or regulation applies to single-family res- idences in which day care is not provided.

Every unenclosed gas-fired water heater or furnace which is within the area used for child care in a large family day-care home shall be protected in such a way as to prevent children from making contact with those appliances.

Exception: This does not apply to kitchen stoves or ovens.

See Section 1006.2.2.7.

176 2019 CALIFORNIA BUILDING CODE

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