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AB-1964 Organized camps.(2017-2018)

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Date Published: 04/23/2018 09:00 PM
AB1964:v97#DOCUMENT

Amended  IN  Assembly  April 23, 2018
Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1964


Introduced by Assembly Member Maienschein
(Coauthor: Assembly Member Mathis)

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, add Chapter 2 (commencing with Section 18898) to, and to add the heading of Chapter 1 (commencing with Section 18897) to, Part 2.4 of Division 13 of the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1964, as amended, 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 require organized day camps to either be 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 and meets other specified requirements. The bill would define an “organized camp” to include an “organized resident camp” and an “organized day camp,” as specified, to be a program that provides activities that promote environmental awareness, well-being, and appreciation of the outdoors group experiences for children under 18 years of age or adults with activity limitations or participation restrictions. during the day, on days during school breaks, for a minimum of four hours per day on three or more consecutive days. The bill would exclude various programs and facilities from the definition of “organized day 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, a local enforcement agency to issue an organized day camp a health and sanitation permit upon receipt of the written operating procedures 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. Association, and, in the case of a tier 1 camp, as defined, verification that an initial inspection of the premises was conducted. The bill would also require those camps to, among other things, meet the applicable requirements of regulations governing organized camps and store firearms in a locked storage cabinet when not in use, as specified. The bill would also require a tier 1 organized day camp, as defined, or an organized resident camp to obtain a permit, and certain tier 2 organized day camps to obtain a registration, to operate from the local enforcement agency and to post the permit or authorization, as specified. have adequate staff to carry out the program and keep a health history of every camper and staff member entering the organized day camp, as specified.
The bill would authorize the local enforcement agency to inspect the camp 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 Health Officer to adopt regulations pertaining to organized day camps, and 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 day 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.

 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.

SECTION 1.Section 18897 of the Health and Safety Code is amended to read:
18897.

(a)“Organized camp” means an organized resident camp or an organized day camp that operates primarily outdoors to provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational activities that promote environmental awareness, well-being, and appreciation of the outdoors 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:

(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)Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events 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, 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.

(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, as determined by the local enforcement agency.

(C)Food service provided by a food facility subject to Part 7 (commencing with Section 113700) of Division 104.

(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 nonfee basis who is a participant in the regular program, activities, and education 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.
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 registration 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 local enforcement agency may require a tier 2 organized day camp to 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 registration pursuant to subparagraph (C), as applicable, of paragraph (1) and post a copy of the permit or registration 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)Provide 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.

(6)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.

(7)In the case of an organized day camp that does not have a fixed location, obtain a permit, registration, 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 enforcement agency shall investigate any complaint received.

(f)The local enforcement agency 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.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.