Section R336

R336.2. 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- family 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 concentra- tion, traffic control, parking, and noise control relating to such homes, and complies with subdivi- sion (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. 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 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 des- ignated 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 dwellings. The zoning administrator, if any, or if there is no zoning administrator, the person or per- sons designated by the planning agency to handle the use permits shall review and decide the appli- cations. The use permit shall be granted if the large family day-care home complies with local ordinances, if any, prescribing reasonable stan- dards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and com- plies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision.

Any noise standards shall be consistent with local noise ordinances implementing the noise ele- ment of the general plan and shall take into consid- eration 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 per- son designated to handle such use permits shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100 foot radius of

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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.

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 (com- mencing 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 Uniform 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 Marshal pursuant to this subdivi- sion.

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.

Every large family day-care home shall be provided with at least one manual device at a location approved by the authority having jurisdiction. Such device shall actuate a fire alarm signal, which shall be audi- ble throughout the facility at a minimum level of 15 db above ambient noise level. These devices need not be interconnected to any other fire alarm device, have a control panel or be electrically supervised or provided with emergency power. Such device or devices shall be attached to the structure and may be of any type acceptable to the enforcing agent, pro- vided that such devices are distinctive in tone and are audible throughout the structure.

Every large family day-care home shall comply with the provisions for Group R-3 occupancies and, if appropriate, Section R336.1. For the purposes of Section R336.1, 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.

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

Copyright © 2019 ICC. ALL RIGHTS RESERVED. Accessed by Kevin Day (kevin.day@dgs.ca.gov), (California Building Standards Commission) Order Number #100735044 on Jul 24, 2019 03:54 PM (PDT) pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. 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.

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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.

Every story or basement of a large family day-care home shall be provided with two exits which are remotely located from each other. Every required exit shall be of a size to permit the installation of a door not less than 32 inches (813mm) in clear width and not less than 6 feet 8 inches (2032 mm) in height. A manually operated horizon- tal sliding door may be used as one of the two required exits.

Where basements are used for day-care purposes, one of the two required exits shall provide access directly to the exterior without entering the first story. The second exit from the basement may either pass through the story above or exit directly to the exterior.

Rooms used for day-care purposes shall not be located above the first story.

Exception: Buildings equipped with an automatic sprin- kler system throughout and which have at least one of the required exits providing access directly to the exterior. NFPA 13R may be used in large family day-care homes. The sprinkler omissions of NFPA 13R shall not apply unless approved by the enforcing agency.

Exit doors, including manually operated horizontal sliding doors, shall be openable from the inside without use of a key or any special knowledge or effort.