Section 455 Large Family Day-Care Homes [SFM]
For purposes of clarification, Health and Safety Code Section 1597.46 is repeated.
- Classify these homes as a permitted use of residential property for zoning purposes.
- 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 prescribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control relating to such homes, and complies 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 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 designated by the planning agency to grant such permits, upon the certification without a hearing.
- 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.
- 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 (commencing with Section 17910) of Division 13 (State Housing Law), or for purposes of local building and fire codes.
- 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 subdivision.
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 comply with the provisions for Group R-3 occupancies and, if appropriate, Section 436.1. For the purposes of Section 436.1, 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 the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to single-family residences 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.