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AB-1964 Organized camps.(2017-2018)

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Date Published: 01/30/2018 09:00 PM
AB1964:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1964


Introduced by Assembly Member Maienschein

January 30, 2018


An act to amend Section 18897 of, to add Section 18897.8 to, and to repeal and add Section 18897.1 of, the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1964, as introduced, Maienschein. Organized camps.
Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and regulations governing the operation of organized camps that he or she determines are necessary to protect the health and safety of the campers. Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined.
This bill would recast those provisions and instead define an “organized camp” to include an “organized resident camp” and an “organized day camp,” as specified, that provides activities that promote environmental awareness and education for children under 18 years of age or adults with activity limitations or participation restrictions. The bill would exclude various programs and facilities from the definition of “organized camp” for these purposes. The bill would require the included camps to issue a written notice of intent to operate, develop a written operating plan, and submit the plan, or written verification that the camp is accredited by the American Camp Association, to the local enforcement agency at least 45 days prior to commencing operation of the camp. The bill would also require those camps to, among other things, meet the applicable requirements of regulations governing organized camps, store firearms in a locked storage cabinet when not in use, as specified, and submit a written vector and pest control plan. The bill would also require those camps to obtain a permit to operate from the local enforcement agency and to post the permit or authorization, as specified.
The bill would authorize the local enforcement to inspect the camp, except with respect to certain organized resident camps, and charge fees for camp oversight activities. The bill would also authorize a person alleging health and sanitation violations to file a complaint with the local enforcement agency and require the local enforcement agency to investigate. The bill would also require the State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized camps, to make reasonable efforts to obtain the input and advice of prescribed organizations.
Because this bill would impose additional duties upon local enforcement agencies regarding the oversight of organized camps, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18897 of the Health and Safety Code is amended to read:

18897.
 (a) “Organized camp” means a site with program and facilities established for the primary purposes of providing an outdoor group living experience an organized resident camp or an organized day camp that operates seasonally to provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational objectives, for five days or more during one or more seasons of the year. activities that promote environmental awareness and education for children under 18 years of age or adults with activity limitations or participation restrictions
(1) A group that leases an organized camp site for the purpose of conducting a camp shall comply with this part.
(2) An “organized camp” does not include any of the following:

(b)The term “organized camp” does not include a

(A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp and does not include a child care institution or home-finding agency. 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.

(c)The term “organized camp” also does not include any

(B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks.
(C) Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events on an intermittent, short-term basis of less than four consecutive overnight stays.
(D) Programs offered by cities, counties, or special districts.
(b) “Organized resident camp” means a site or sites with programs and facilities established for the primary purposes of providing group living experiences and that provides three or more consecutive overnight stays during one or more seasons of the year, excluding field trips as provided for under subparagraph (B) of paragraph (1) of subdivision (c).
(c) “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 when school is regularly not in session, for a minimum of four hours per day on three or more consecutive days.
(1) An organized day camp may do all 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.
(2) 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) (1) “Tier 1 organized day camp” means an organized day camp which offers any of the following:
(A) Multiple programs.
(B) Single-focus programs involving any of the following: firearms, challenge courses, recreational water, archery, all-terrain vehicles, go-karts, power tools, model rocketry, use of fire or heat-producing equipment, or other like activities.
(C) Food service.
(2) “Tier 2 organized day camp” means an organized day camp which offers a single-focus program that is not listed in subparagraph (B) of paragraph (1) and offers no food service.
(e) “Camper” means any person in an organized camp on a fee or non-fee basis who is a participant in the regular program and training of an organized camp including hiking, biking, crafts, environmental education, and other like activities.
(f) “Food service” means either on-site food preparation or distribution of nonprepackaged, potentially hazardous food.

SEC. 2.

 Section 18897.1 of the Health and Safety Code is repealed.
18897.1.

“Camper” means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of an organized camp, and who may take on duties relating to such program and training.

SEC. 3.

 Section 18897.1 is added to the Health and Safety Code, to read:

18897.1.
 (a) An organized day camp or an organized resident camp shall do all of the following:
(1) Issue a written notice of intent to operate and develop and submit a written operating plan pursuant to Section 30704 of Title 17 of the California Code of Regulations, or written verification that the camp is accredited by the American Camp Association (ACA), to the local enforcement agency at least 45 days prior to commencing operation of the camp. The organized day camp or organized resident camp shall develop and submit an annual notice of intention pursuant to Sections 30703 and 30704 of Title 17 of the California Code of Regulations.
(A) The local enforcement agency shall acknowledge receipt of the operating plan or verification of accreditation described in this paragraph within 30 business days of receiving the operating plan or verification of accreditation.
(B) The enforcement agency shall issue to a tier 1 organized day camp or an organized resident camp a permit to operate if both of the following conditions are met:
(i) The written operating plan required in this paragraph includes appropriate health and sanitation standards as described in Section 18897.2 or accreditation by the American Camp Association (ACA) is verified.
(ii) In the case of a tier 1 organized day camp or an organized resident camp, the local enforcement agency has conducted an initial inspection of the premises of the tier 1 organized day camp or organized resident camp to verify compliance with the appropriate health and sanitation standards.
(C) (i) The local enforcement agency shall issue a permit to operate a tier 2 organized day camp if the tier 2 organized day camp satisfies the requirements of clause (i) of subparagraph (B).
(ii) Except as required by subdivision (e), a tier 2 organized day camp shall not be subject to an initial or routine inspection.
(2) Meet the applicable requirements of Subchapter 6 (commencing with Section 30700) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3) Store all firearms, including rifles, pellet guns, air guns, and bows and arrows, in a locked cabinet designated for this use when those items are not in use for authorized camp activities. The director, or a qualified designee of the director that meets the requirements of subdivision (a) of Section 30751 of Title 17 of the California Code of Regulations, of the organized camp shall maintain possession of the key to this cabinet.
(4) Obtain a permit pursuant to subparagraph (B) or (C), as applicable, of paragraph (1) and post a copy of the permit on the premises of the organized day camp or organized resident camp and, if applicable, on the Internet Web site of the organized day camp or organized resident camp.
(5) Submit a written vector and pest control plan pursuant to Section 30736 of Title 17 of the California Code of Regulations.
(6) Receive verification, either from the organization hiring the director of the organized day camp or organized resident camp or the local enforcement agency, of the director’s criminal history record check in order to ensure compliance with Section 30751 of Title 17 of the California Code of Regulations.
(7) In the case of an organized resident camp, install a carbon monoxide detector in any building intended for human occupancy that has a fossil fuel burning heater or appliance, a fireplace, or an attached garage.
(8) In the case of an organized day camp that does not have a fixed location, obtain a permit or authorization from the local enforcement agency for the location in which the program begins.
(b) The local enforcement agency may inspect a tier 1 organized day camp or organized resident 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 violations of health and safety standards established in the rules and regulations establishing minimum standards for organized camps.
(c) An organized day camp or organized resident camp that has been cited for failing to meet legal requirements may appeal the citation to the local health agency. The local health agency shall issue a decision on that appeal within 30 business days and that decision shall be final.
(d) Except as provided in clause (ii) of subparagraph (C) of paragraph (1) of subdivision (a), the local enforcement agency may, during the organized camp’s hours of operation or at other reasonable times, enter and inspect the premises of the organized camp, issue citations, and secure any samples, photographs, or other evidence from an organized camp or any facility suspected of being an organized camp.
(e) A person alleging health and sanitation violations pursuant to the regulations establishing minimum standards for organized camps may file a complaint, either orally or in writing, with the local enforcement agency. The local public health officer shall investigate any complaint received.
(f) The local public health officer may charge a fee to recover any necessary costs incurred in administering the provisions of this part relating to organized camp oversight. The fee shall not exceed a reasonable cost of organized camp oversight and related activities.

SEC. 4.

 Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read:

18897.8.
 The State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized day camps and organized resident camps under this part, 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. 5.

 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.