11834.01.

 (a) The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and adult recovery maintenance facilities.

(a)

(b) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03.

(c) Onsite program visits for compliance shall be conducted at least once during the license period.

(d) The department may conduct announced or unannounced site visits to facilities licensed pursuant to this chapter for the purpose of reviewing for compliance with all applicable statutes and regulations.

11834.02.

 (a) As used in this chapter, “alcoholism the following terms have the following meanings:

(1) “Alcoholism or drug abuse recovery or treatment facility” or “facility” means any premises, place, or building that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need receive alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

(3) “Adults” may include, but is not limited to, all of the following:

(A) Persons 18 years of age or older and their minor children.

(B) Emancipated minors, which may include, but is not limited to, mothers persons under 18 years of age and their minor children.

(4) “Emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.

(b) Notwithstanding paragraph (1) of subdivision (a), an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50.

11834.04.

 (a) Sober living homes are exempt from licensing.

(b) As used in this section, “sober living home” means a home that provides room or board, or both, and that requires residents to abstain from using alcohol or illicit drugs but does not provide or require participation in any recovery maintenance activities nor maintain case management files as a condition of residency.

11834.09.

 (a) Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department’s review and determination that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter, the department may issue a the following licenses:

(1) A single license to the following types of alcoholism or drug abuse recovery or treatment facilities:

(A) A residential facility.

(B) A facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee.

(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the prospective licensee.

(c) Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee’s application for licensure.

11834.10.

 A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility beyond the conditions and limitations specified on the license.

11834.11.

 On and after January 1, 2005, no state or local social services, law enforcement, or corrections agency, or court, probation officer, or parole officer may refer any person to an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility that is not licensed.

11834.15.

 (a) The department shall calculate and establish the fee for initial licensure and for extension of the period of licensure. The nonrefundable licensing fee shall be calculated every two years in an amount sufficient to cover based upon the department’s cost in administering the licensure under this chapter for other than nonprofit organizations and local governmental entities. No fee shall be levied for licensure of nonprofit organizations or local governmental entities.

(b) The license fee proceeds for adult alcoholism or drug abuse recovery or treatment facilities shall equal the department’s cost in administering the licensure of these facilities.

(d) The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.

11834.17.

 No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulations regulation relating to the subject of fire and life safety in alcoholism and drug abuse recovery facilities which or adult recovery maintenance facilities that is more restrictive than those standards adopted by the State Fire Marshal.

11834.18.

 (a) Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed alcoholism or drug abuse recovery or treatment facilities or adult recovery maintenance facilities.

(b) Licensed alcoholism and drug abuse recovery or treatment facilities and adult recovery maintenance facilities shall not be subject to controls on rent imposed by any state or local agency or other local government or entity.

11834.20.

 The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities and adult recovery maintenance facilities as are commensurate with local need.

The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity.

For the purposes of this article, “six or fewer persons” does not include the licensee or licensee, members of the licensee’s family or, persons employed as facility staff, or minor dependents of the resident.

11834.21.

 Any person licensed under this chapter who operates or proposes to operate an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility, the department or other public agency authorized to license such a the facility, or any public or private agency which that uses or may use the services of the facility to place its clients, may invoke the provisions of this article.

This section shall not be construed to prohibit any interested party from bringing suit to invoke the provisions of this article.

11834.22.

 An alcoholism or drug abuse recovery or treatment facility which or an adult recovery maintenance facility that serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other single-family dwellings are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 11834.23, local bond assessments, and other fees, charges, and assessments to which other single-family dwellings are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to alcoholism or drug abuse recovery or treatment facilities or adult recovery maintenance facilities which serve six or fewer persons.

11834.23.

 Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility which or an adult recovery maintenance facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a the facility shall be considered a family for the purposes of any law or zoning ordinance which that relates to the residential use of property pursuant to this article.

For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility which or an adult recovery maintenance facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which that implies that the alcoholism or drug abuse recovery or treatment home or the adult recovery maintenance facility is a business run for profit or differs in any other way from a single-family residence.

This section shall not be construed to forbid any city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility which or an adult recovery maintenance facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.

This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility of any local ordinance which that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities which or adult recovery maintenance facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities or adult recovery maintenance facilities from persons who reside in other single-family dwellings.

No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility which or an adult recovery maintenance facility that serves six or fewer persons that is not required of a single-family residence in the same zone.

Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility or an adult recovery maintenance facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities or adult recovery maintenance facilities serving six or fewer residents.

11834.24.

 No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility because of a failure to comply with local ordinances from which the facility is exempt under Section 11834.23, if the applicant otherwise qualifies for a fire clearance, license, permit, or similar authorization.

11834.25.

 (a) For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcoholism or drug abuse recovery or treatment facility which that serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.

(b) For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 2004, an adult recovery maintenance facility that serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.

11834.26.

 (a) The licensee An alcoholism or drug abuse recovery or treatment facility shall provide at least one of the following nonmedical services:

(1) Recovery services.

(2) Treatment services.

(3) Detoxification services.

(b) The department shall adopt regulations requiring records and procedures that are appropriate for each of the services specified in subdivision (a). The records and procedures may include all of the following:

(1) Admission criteria.

(2) Intake process.

(3) Assessments.

(4) Recovery, treatment, or detoxification planning.

(5) Referral.

(6) Documentation of provision of recovery, treatment or detoxification services.

(7) Discharge and continuing care planning.

(8) Indicators of recovery, treatment, or detoxification outcomes.

(c) In the development of regulations implementing this section, the written record requirements shall be modified or adapted for social model programs.

11834.265.

 (a) An adult recovery maintenance facility shall provide, but not be limited to providing, any of the following recovery maintenance services:

(1) Aftercare.

(2) Referral to community recovery resources.

(3) Peer-led groups.

(4) Vocational guidance.

(5) Referral to offsite alcoholism or other drug treatment services.

(6) Documentation on progress made or services received from referral agencies.

(b) The adult recovery maintenance facility may require, or provide, or both, drug and alcohol testing and self-help groups on or off the premises.

(c) The facility shall maintain records in order to document the services provided.

11834.29.

 Any licensee that provides recovery, treatment, or detoxification recovery maintenance services, that is not in compliance with the requirements of this article, shall have one year from the effective date of the regulations adopted by the department pursuant to this article and pursuant to Article 5 (commencing with Section 11834.50) to comply. In the event that the licensee fails to comply, the department shall take action against the licensee pursuant to Article 4 (commencing with Section 11834.36).

11834.30.

 No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility to provide recovery, treatment, or detoxification detoxification, or recovery maintenance services within this state without first obtaining a current valid license issued pursuant to this chapter.

11834.31.

 If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing alcoholism or drug abuse recovery, treatment, or detoxification detoxification, or recovery maintenance services without a license, the employee or agent shall take the following actions:

(a) Submit the findings of the investigation to the department.

(b) Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following:

(1) The date by which the facility shall cease providing services.

(2) Notice that the department will assess against the facility a civil penalty of two hundred dollars ($200) per day for every day the facility continues to provide services beyond the date specified in the notice.

(3) Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice.

(c) Inform the facility of the licensing requirements of this chapter.

11834.32.

 (a) The director may bring an action to enjoin the violation of Section 11834.30 in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.

(b) With respect to any and all actions brought pursuant to this section alleging actual violation of Section 11834.30, the court shall, if it finds the allegations to be true, issue its order enjoining the alcoholism or drug abuse recovery or treatment facility or the adult recovery maintenance facility from continuance of the violation.

11834.36.

 (a) The director may suspend or revoke any license issued under this chapter, or deny an application for licensure, for extension of the licensing period, or to modify the terms and conditions of a license, upon any of the following grounds and in the manner provided in this chapter:

(1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter.

(2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter.

(3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2).

(4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California.

(5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license or the adult recovery maintenance facility license.

(6) Failure to pay any civil penalties assessed by the department.

(b) The director may temporarily suspend any license prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the alcoholism or drug abuse recovery or treatment facility or the adult recovery maintenance facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings.

11834.50.

 The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted only after consultation with appropriate groups affected by the proposed regulations. The regulations shall include, but not be limited to, all of the following:

(a) Provision for a formal appeal process for the denial, suspension, or revocation of a license.

(b) Establishment of requirements for compliance, procedures for issuance of deficiency notices, and civil penalties for noncompliance.

(c) Provision for the issuance of a waiver for an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility to serve not more than three adolescents, or 10 percent of the total licensed capacity, whichever is less, age 14 years and older, when a need exists and services specific to adolescents are otherwise unavailable. The regulations shall specify the procedures and criteria for granting the waiver. The procedures shall include, but not be limited to, criminal record reviews and fingerprinting.

(d) Establishment of the elements and minimum requirements for recovery, treatment, and detoxification detoxification, and recovery maintenance services.

(e) Provision for an expedited process for reviewing an application for licensure when a license is terminated pursuant to subdivision (c) of Section 11834.40.