Section 455 — LARGE FAMILY DAY-CARE HOMES [SFM]

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 ordinances, including, but not limited to, zoning ordinances. (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 purposes of local building codes. (d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.

(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 dimensions 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 identical to those applied to all other residences with the same zoning designation as the family daycare 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 abatement 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 daycare 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 daycare 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) Effective January 1, 2020.)

1597.46.

(a) A large family daycare home shall abide by all standards, in addition to the requirements of the State Uniform Building Stan- dards Code, that are specifically designed to promote fire and life safety in large family day-care homes. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in family daycare 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 daycare home contain a fire extinguisher or smoke detector device, or both, that meets child-care standards established by the State Fire Marshal. (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 stan- dards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence 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 relating to the subject of fire and life safety in large family day-care homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation 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 resi- dential type smoke alarms. The number and placement 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.

Every large-family day-care home shall comply with the provisions for Group R-3 occupancies. For the purposes of Section 436.1 of the California Building Code, the first story shall be designated 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.

APPENDIX CHAPTER 4-8 2025 CALIFORNIA FIRE CODE

on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

CALIFORNIA FIRE CODE – MATRIX ADOPTION TABLE