1596.790. "Planning agency" means the agency designated pursuant to Section 65100 of the Government Code.
(Added by Stats. 1984, Ch. 1615.)

1596.791. "Provider" means a person who operates a child day care facility and is licensed pursuant to Chapter 3.5 (commencing with Section 1596.90) or 3.6 (commencing with Section 1597.30). (Added by Stats. 1984, Ch. 1615.)

1596.792. This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) do not apply to any of the following: (a) Any health facilities, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any community care facility, as defined by Section 1502. (d) Any family day care home providing care for the children of only one family in addition to the operator's own children. (e) Any cooperative arrangement between parents for the care of their children where no payment is involved and the arrangement meets all of the following conditions: (1) In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible care giver with respect to all the children in the cooperative. (2) Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative. (3) There can be no payment of money or receipt of in-kind income in exchange for the provision of care. This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of that may not exceed the actual cost of the activity. (4) No more than 12 children are receiving care in the same place at the same time. (f) Any arrangement for the receiving and care of children by a relative. (g) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either of the following criteria: (1) The program is operated only during hours other than normal school hours for grades K-12, inclusive, in the public school district where the program is located, or operated only during periods when students in grades K-12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods: (A) For under 16 hours per week. (B) For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12- month period, without regard to whether the weeks are consecutive. In determining "normal school hours" or periods when students are "normally not in session," the State Department of Social Services shall, where appropriate, consider the normal school hours or periods when students are normally not in session for students attending a year-round school. (2) The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is operated during either of the following periods: (A) For under 16 hours per week. (B) For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12- month period, without regard to whether the weeks are consecutive. (3) The program is provided to children under the age of four years and nine months with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A program subject to this paragraph may permit children to be enrolled in consecutive sessions throughout the year. However, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child. (h) Extended day care programs operated by public or private schools. (i) Any school parenting program or adult education child care program that satisfies both of the following: (1) Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district. (2) Is not operated by an organization specified in Section 1596.793. (j) Any child day care program that operates only one day per week for no more than four hours on that one day. (k) Any child day care program that offers temporary child care services to parents and which satisfies both of the following: (1) The services are only provided to parents and guardians who are on the same premises as the site of the child day care program. (2) The child day care program is not operated on the site of a ski facility, shopping mall, department store, or any other similar site identified by the department by regulation. (l) Any program that provides activities for children of an instructional nature in a classroom-like setting and satisfies both of the following: (1) Is operated only during periods of the year when students in grades K-12, inclusive, are normally not in session in the public school district where the program is located due to regularly scheduled vacations. (2) Offers any number of sessions during the period specified in paragraph (1) that when added together do not exceed a total of 30 days when only schoolage children are enrolled in the program or 15 days when children younger than schoolage are enrolled in the program. (m) A program facility administered by the Department of Corrections that (1) houses both women and their children, (2) is specifically designated for the purpose of providing substance abuse treatment and maintaining and strengthening the family unit, and (3) is licensed by the State Department of Alcohol and Drug Programs as an alcohol and drug treatment program. (Added by Stats. 1984, Ch. 1615; Amended by Stats. 1985, Ch. 1064; Amended by Stats. 1987, Ch. 1487; Amended by Stats. 1990, Ch. 388. Effective July 20, 1990; Amended by Stats. 1991, Ch. 316; Amended by Stats. 1992, Ch. 625, Amended by Stats. 1993, Ch. 280; Amended by Stats. 1995, Ch. 372.)

1596.793. This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) do not apply to recreation programs conducted for children by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, or Camp Fire, or similar organizations as determined by regulations of the department. Child day care programs conducted by these organizations and the fees charged for that specific purpose are subject to the requirements of this chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30).
(Added by Stats. 1985, Ch. 1110; Amended by Stats. 1986, Ch. 714.)

1596.795. (a) The smoking of tobacco in a private residence that is licensed as a family day care home shall be prohibited during the hours of operation as a family day care home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section. (b) The smoking of tobacco on the premises of a licensed day care center shall be prohibited. (Added by Stats. 1986, Ch. 407; Amended by Stats. 1993, Ch. 335.)

(Excerpts from Chapter 3.6)

1597.40. (a) It is the intent of the Legislature that family day care homes for children must be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of this state to provide children in a family day care home the same home environment as provided in a traditional home setting. The Legislature declares this policy to be of statewide concern with the purpose of occupying the field to the exclusion of municipal zoning, building and fire codes and regulations governing the use of occupancy of family day care homes for children, except as specifically provided for in this chapter, and to prohibit any restrictions relating to the use of single-family residences for family day care homes for children except as provided by this chapter. (b) Every provision in a written instrument entered into relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of such real property for use or occupancy as a family day care home for children, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the property as a family day care home for children is void. (c) Every restriction or prohibition entered into, whether by way of covenant, condition upon use or occupancy, or upon transfer of title to real property, which restricts or prohibits directly, or indirectly limits, the acquisition, use, or occupancy of such property for a family day care home for children is void. (Renumbered--formerly 1597.501--and Amended by Stats. 1983, Ch. 1233.)

1597.41. (a) The State Director of Social Services shall authorize the Counties of Placer, Fresno, San Diego, San Luis Obispo, and Ventura to operate a pilot project, pursuant to this section, for a period not to extend beyond January 1, 1996. The purpose of the pilot project is to test the feasibility of permitting two additional schoolage children to be cared for in a family day care home. (b) Notwithstanding Section 1596.78, upon authorization from the State Director of Social Services pursuant to subdivision (a), family day care homes in the pilot project counties shall be subject to the following limits on capacity: (1) A large family day care home may provide family day care to 7 to 12 children, inclusive, or up to 14 children, inclusive, if two of the children are six years of age or older. Children under the age of 10 years who reside in the home, as defined in regulations, shall be counted for purposes of these limits. (2) A small family day care home may provide family day care to six or fewer children, or eight or fewer children if two of the children are six years of age or older. Children under the age of 10 years who reside in the home, as defined in regulations, shall be counted for purposes of these limits. (c) Any family day care provider who opts to care for children under the higher limits described in subdivision (b) shall notify the department of his or her intention prior to accepting the two additional children for care. Upon request of a local planning agency, local zoning agency, or similar local agency, the department shall inform the agency about whether or not a specified provider is participating in the pilot project. (d) By March 30, 1995, the Assembly Office of Research shall submit evaluation of the pilot project to the Assembly Human Services Committee and the Senate Health and Human Services Committee of the Legislature. In preparing the evaluation, the Assembly Office of Research shall consult with representatives of the Child Development Programs Advisory Committee, the State Department of Education, cities or other local agencies in the pilot counties, the State Fire Marshal, family day care provider associations, and other associations representing the interests of parents and children. It is the intent of the Legislature for the Assembly Office of Research to contact and utilize colleges and universities located within each pilot county to assist with the collection of data, to formulate surveys and evaluations, and to work with the local child care community to establish and conduct each pilot project. The evaluation shall include, but not be limited to, all of the following: (1) The number of family day care homes that participate in the pilot project, by county and by size of home. (2) The number of additional children cared for as a result of the pilot project, by county and by size of home. (3) Problems encountered by providers, parents, or other parties with respect to licensing and zoning requirements, and barriers to participation in the pilot project encountered by providers. (4) Comments from providers, local agencies, and parents about the effectiveness, feasibility, and other aspects of the pilot project. The report shall include as assessment of the impact of the pilot project on local zoning practices and policies. (5) The effect of provider training and education on the ability of providers to care for additional children, and on the quality of care provided to all of the children in the family day care home. (6) The effect on the quality of care of the addition of two schoolage children independent of other major program changes. (7) The health and safety impacts, including fire safety, arising from the addition of two schoolage children. (8) The impact of the pilot project on increasing the capacity for schoolage child care, and on the supply of total child care capacity in active family day care homes. (9) The impact of the pilot project on local family day care zoning practices and enforcement of state fire codes applicable to family day care homes. (10) Recommendations as to whether the pilot project should be expanded to other areas of the state, and the reasons for those recommendations. (e) The director, in consultation with the Child Development Programs Advisory Committee and the State Department of Education, shall determine the standardized data the Assembly Office of Research shall collect from the pilot counties for the evaluation in order to ensure consistency. In determining what standardized data shall be collected pertaining to quality issues, the director shall consult with the Assembly Office of Research and may consult with other experts in the field of child care quality. The director shall notify the counties of what data is to be collected either within 60 days of establishment of the pilot program or, if the program has been established prior to January 1, 1994, at the time the new pilot project counties are notified of this requirement, and shall cooperate with the Assembly Office of Research in collecting the data. The participating counties shall provide the standardized data to the Assembly Office of Research, the department, and the Child Development Programs Advisory Committee. (f) For purposes of zoning, only for pilot family day care homes, small family day care homes with the additional two schoolage children shall still be considered small family day care homes, and large family day care homes with the additional two schoolage children shall still be considered large family day care homes. (g) For purposes of the applicable fire safety regulations set forth in the California Building Standards Code, and only for pilot project family day care homes, large family day care homes serving an additional two schoolage children, totaling 13 or 14 children, shall be considered as serving only 12 children. (h) This section shall remain in effect only until January 1, 1996, and as of that date is repealed, unless a later enacted statute, which is chaptered before January 1, 1996, deletes or extends that date. (Added by Stats. 1989, Ch. 70. Effective June 29, 1989; Repealed and added by Stats. 1993, Ch. 425.)

1597.45. All of the following shall apply to small family day care homes:
(a) The use of single-family residence as a small family day care home shall be considered a residential use of property for the purposes of all local ordinances. (b) No local jurisdiction shall impose any business license, fee, or tax for the privilege of operating a small family day care home. (c) Use of a single-family dwelling for purposes of a small 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 codes. (d) A small family day care home shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter 1 of Part 2, except that a small family day care home shall contain a fire extinguisher and smoke detector device, that meet standards established by the State Fire Marshal.
(Added by Stats. 1983, Ch. 1233. Amended by Stats. 1989, Ch. 70. Effective June 29, 1989.)

1597.46. All of the following shall apply to large family day care homes:
(a) A city, county, or city and county shall not prohibit large family day care homes on lots zoned for single- family dwellings, but shall do one of the following: (1) Classify these homes as a permitted use of residential property for zoning purposes. (2) 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. (3) Require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings. The zoning administrator, if any, or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits shall review and decide the applications. The use permit shall be granted if the large family day care home complies with local ordinances, if any, 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 levels generated by children. The local government shall process any required permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process. Not less than 10 days prior to the date on which the decision will be made on the application, the zoning administrator or person designated to handle such use permits shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100 foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any of the appeal. (b) A large family day care home shall not be subject to the provision of Division 13 (commencing with Section 21000) of the Public Resources Code. (c) 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. (d) 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. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in large family day care homes which shall be published in Title 24 of the California Administrative Code. These standards shall apply uniformly throughout the state and shall include, but not be limited to: (1) the requirement that a large family day care home contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal; (2) specification as to the number of required exits from the home; and (3) specification as to the floor or floors on which day care may be provided. Enforcement of these provisions shall be in accordance with 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. (e) No later than April 1, 1984, the State Fire Marshal shall adopt the building standards required in subdivision (d) and any other regulations necessary to implement the provisions of this section. (Added by Stats. 1983, Ch. 1233.)

1597.47. The provisions of this chapter shall not be construed to preclude any city, county, or other local public entity from placing restricts [probably should read "restrictions"] on building heights, setback, or lot dimensions of a family day care facility as long as such restrictions are identical to those applied to other single-family residences. The provisions of this chapter shall not be construed to preclude the application to a family day care facility for children of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. The provisions of this chapter also shall not be construed to prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, such ordinance or nuisance abatement shall not distinguish family day care facilities from other single- family dwellings, except as otherwise provided in this chapter. (Added by Stats. 1983, Ch. 1233.)

1597.65. This chapter shall remain in effect only until July 1, 1993, and as of that date is repealed, unless a later enacted statute, which is chaptered before July 1, 1993, deletes or extends that date. (Renumbered and amended by Stats. 1983, Ch. 323. Effective July 21, 1983; Amended by Stats. 1989, Ch. 70. Effective June 29, 1989.)