Section 455

455.2. For purposes of clarification, Health and Safety Code Sections 1597.45 and 1597.46 are repeated.

1597.45.

(a) The use of a home as a small or large family day-care

home shall be considered a residential use of property and a use by right for the purposes of all local ordi- nances, including, but not limited to, zoning ordi- nances. (b) A local jurisdiction shall not impose a business

license, fee or tax for the privilege of operating a small or large family day-care home. (c) Use of a home as a small or 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 pur- poses of local building codes. (d) A small or large family day-care home shall not be

subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.

TABLE 453.7.2.1 HAZARDOUS MATERIALS QUANTITY PER LABORATORY SUITE

UL = Unlimited, NP= Not permitted a. Percentages shall be of the maximum allowable quantity per laboratory suite shown in Tables 307.1(1) and 307.1(2). Allowable hazardous material increases

for buildings equipped throughout with an automatic sprinkler system shall not be applicable to Group L occupancies. b. When an individual laboratory suite occupies more than one story, the more restrictive percentage of the maximum allowable quantity per laboratory suite

shall apply. c. The total aggregate quantity of flammable liquids on the first story below grade shall be limited to the maximum total aggregate quantity for Group B

occupancy control areas. d. The total aggregate quantity of flammable liquids on the second story level below grade shall be limited to a maximum total aggregate quantity for Group B

occupancy control areas.

Copyright © 2022 by, or licensed to, International Code Council, Inc. (ALL RIGHTS RESERVED); licensed to California Building Standards Commission pursuant to License Agreement. No further reproductions is authorized. Any unauthorized reproduction or distribution is a violation of the federal copyright act and the license agreement, and subject to civil and criminal penalties thereunder.

SPECIAL DETAILED REQUIREMENTS BASED ON OCCUPANCY AND USE

(e) The provisions of this chapter do not preclude a city,

county or other local public entity from placing restrictions on building heights, setback or lot dimen- sions of a family day-care home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family day-care home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identi- cal to those applied to all other residences with the same zoning designation as the family day-care home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abate- ment shall not distinguish family day-care homes from other homes with the same zoning designation, except as otherwise provided in this chapter.

(f) For purposes of this chapter, “small family day-care home or large family day-care home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day-care home or large family day-care home is where the family day-care provider resides and includes a dwelling or dwelling unit that is rented, leased or owned.

(Amended by Stats. 2019, Ch. 244, Sec. 9. (SB 234) Effec- tive January 1, 2020.)

1597.46.

(a) A large family day-care home shall abide by all stan-

dards, in addition to the requirements of the State Uniform Building Standards Code, that are specifi- cally designed to promote fire and life safety in large family day-care homes. The State Fire Marshal shall adopt separate building standards specifically relat- ing to the subject of fire and life safety in family day- care homes, which shall be published in Title 24 of the California Code of Regulations. These standards shall apply uniformly throughout the state and shall include, but not be limited to, all of the following:

(1) The requirement that a large family day-care

home contain a fire extinguisher or smoke detector device, or both, that meets child-care standards established by the State Fire Mar- shal.

(commencing with Section 13260) of Part 2 of Divi- sion 12. The department shall account for the pres- ence of these detectors during inspections. (c) Enforcement of this section shall be in accordance

with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulation relat- ing to the subject of fire and life safety in large family day-care homes that is inconsistent with those stan- dards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regula- tion applies to all residences with the same zoning designation in which child care is provided.

(Repealed and added by Stats. 2019, Ch. 244, Sec. 12. (SB 234) Effective January 1, 2020.)

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. For the purposes of Section 436.1, the first story shall be desig- nated as the floor used for residential occupancy nearest to the street level which provides primary access to the building.

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.

(2) Specification as to the number of required exits

from the home.

(3) Specification as to the floor or floors on which

child care may be provided and the number of required exits on each floor.

(b) A large family day-care home for children shall have

one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8

4-70 2022 CALIFORNIA BUILDING CODE

Copyright © 2022 by, or licensed to, International Code Council, Inc. (ALL RIGHTS RESERVED); licensed to California Building Standards Commission pursuant to License Agreement. No further reproductions is authorized. Any unauthorized reproduction or distribution is a violation of the federal copyright act and the license agreement, and subject to civil and criminal penalties thereunder.

CALIFORNIA BUILDING CODE – MATRIX ADOPTION TABLE