Today's Law As Amended


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AB-1964 Organized camps.(2017-2018)



As Amends the Law Today


SECTION 1.

 The heading of Chapter 1 (commencing with Section 18897) is added to Part 2.4 of Division 13 of the Health and Safety Code, to read:

CHAPTER  1. Organized Overnight Camps

SEC. 2.

 Chapter 2 (commencing with Section 18898) is added to Part 2.4 of Division 13 of the Health and Safety Code, to read:

CHAPTER  2. Organized Day Camps
18898.
 For purposes of this chapter, the following definitions shall apply:
(a) “Camper” means any person in an organized day camp on a fee or nonfee basis who is a participant in the regular program, activities, and education of an organized day camp including hiking, biking, crafts, environmental education, and other like activities.
(b) “Food service” means either onsite food preparation or distribution of nonprepackaged, potentially hazardous food.
(c) (1) “Organized day camp” means a program that is established for the primary purpose of providing group experiences for children under 18 years of age during the day, on days during school breaks, for a minimum of four hours per day on three or more consecutive days.
(2) An “organized camp” does not include any of the following:
(A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, drug and alcohol resident rehabilitation program, a facility licensed by the state, or a facility subject to occupancy taxes, home-finding agencies, or a licensed child day care facility as defined in Section 1596.750.
(B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks.
(C) Programs offered by cities, counties, a city and county, school districts, or special districts.
(d) “Tier 1 organized day camp” means an organized day camp that offers any of the following:
(1) Multiple programs.
(2) Single-focus programs involving any of the following: firearms, challenge courses, recreational water, archery, all-terrain vehicles, go-carts, power tools, model rocketry, use of fire or heat-producing equipment, or other like activities, as determined by the local enforcement agency.
(3) Food service.
(e) “Tier 2 organized day camp” means an organized day camp which offers a single-focus program that is not listed in paragraph (2) of subdivision (d) and offers no food service.
18898.1.
 An organized day camp may, at a minimum, do both of the following:
(a) Transport campers to parks, beaches, campsites, and other locations for activities.
(b) Provide for offsite field trips for no more than three consecutive days. Any organized day camp that provides offsite field trips for more than two consecutive nights shall be considered an organized resident camp, as defined in Section 18897.
18898.2.
 (a) An organized day camp shall be either accredited by the American Camp Association or have a written description of operating procedures that describes the program of organized and supervised activities of the organized day camp.
(b) For purposes of subdivision (a), operating procedures shall include all of the following:
(1) Supervisor qualifications and training including verification from the organization hiring the director of the organized day camp of the director’s and organized day camp staff criminal history record check.
(2) Staff skill verification criteria and process.
(3) Participant eligibility requirements, if any.
(4) Staff-to-participant supervision ratios.
(5) Equipment needed.
(6) Safety procedures.
(7) Emergency procedures specific to location including a written site-specific plan, approved by the camp director, outlining procedures which deal with all of the following emergency situations:
(A) Natural disasters.
(B) Lost campers.
(C) Fires.
(D) Transportation emergencies.
(E) Severe illnesses and injuries.
(F) Strangers in camp.
(G) Aquatic emergencies as appropriate for the site.
(8) Environmental hazards.
(9) Access and equipment control.
(10) Equipment and maintenance repair.
(c) An organized day camp shall have adequate staff to carry out the program, including, but not limited to, a qualified program director who has at least two seasons of administrative or supervisory experience at an organized day camp or a youth program. The program director or his or her designee shall be present at all times during the operation of the organized day camp.
(d) An organized day camp shall obtain a health and sanitation permit from the local enforcement agency and comply with all health and sanitation standards set forth in this chapter.
(e) A tier 1 organized day camp that provides food service shall be licensed as a food facility pursuant to Part 7 (commencing with Section 113700) of Division 104.
(f) An organized day camp shall post a copy of the health and sanitation permit described in Section 18898.4 on the premises of the organized day camp and, if applicable, on the Internet Web site of the organized day camp.
(g) In the case of an organized day camp that does not have a fixed location, the organized day camp shall obtain a health and sanitation permit or authorization from the local enforcement agency for the location in which the program begins.
18898.3.
 (a) Every camper and each staff member entering an organized day camp shall furnish a health history of his or her health status that is completed and signed by the individual camper or staff member, or by the parent or guardian if the camper or staff member is under 18 years of age.
(b) This health history shall be kept onsite of the organized day camp as long as the camper or staff member is at camp and shall include the following:
(1) A description of any health condition requiring medication, treatment, special restriction or consideration while at camp.
(2) A record of immunizations including date of the last tetanus shot.
(3) A record of any allergies.
(c) A signed statement by a parent or guardian to seek emergency medical treatment shall be provided for each staff member or camper, except those minors accompanied in camp by a parent or guardian.
18898.4.
 (a) A local enforcement agency shall issue an organized day camp a health and sanitation permit upon receipt of both of the following:
(1) A copy of the written operating procedures of the organized day camp or written verification of accreditation by the American Camp Association, as described in Section 18898.2.
(2) In the case of a tier 1 organized day camp, verification that the local enforcement agency has conducted an initial inspection of the premises of the organized day camp to verify compliance with the health and sanitation standards of this chapter.
(b) The local enforcement agency shall acknowledge receipt of the written operating procedures or verification of accreditation within 30 business days of receiving the operating procedures or verification of accreditation.
(c) The local enforcement agency may, during the organized day camp’s hours of operation or at other reasonable times, enter and inspect an organized day camp, issue citations, and secure any samples, photographs, or other evidence from an organized day camp or any facility suspected of being an organized day camp, and charge a fee for that purpose, not to exceed the reasonable cost of the inspection. The local enforcement agency shall provide, within 14 days, a summary of any violation of health and sanitation standards, including, but not limited to, those standards that apply to water supply, drinking water, handwashing facilities, showers, toilets, swimming facilities, garbage and refuse, and food facilities.
(d) An organized day camp that has been cited for failing to meet legal requirements may appeal the citation to the local enforcement agency. The local enforcement agency shall issue a decision on that appeal within 30 business days and that decision shall be final.
(e) A person who alleges a health and sanitation violation pursuant to this chapter or regulations establishing minimum standards for organized day camps may file a complaint, either orally or in writing, with the local enforcement agency. The local enforcement agency shall investigate any complaint received.
(f) The local enforcement agency may charge a fee to recover necessary costs incurred in administering this chapter relating to organized day camp oversight. The fee shall not exceed the reasonable costs of organized camp oversight and related activities.
18898.5.
 (a) The State Public Health Officer shall adopt regulations establishing minimum standards for organized day camps and regulating the operation of organized day camps that the officer determines are necessary to protect the health and safety of the campers.
(b) In adopting or amending the regulations pertaining to organized day camps under this chapter, the department shall make reasonable efforts to obtain the input and advice of organizations in the field. All costs incurred by the participating organizations shall be borne by the organizations themselves. The department shall implement this section in the most cost-effective manner deemed feasible.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.