§ 87202 — Fire Clearance

(a)  All facilities shall maintain a fire clearance approved by the city, county, or city and county fire department or district providing fire protection services, or the State Fire Marshal.  Prior to accepting or retaining any of the following types of persons, the applicant or licensee shall notify the licensing agency and obtain an appropriate fire clearance approved by the city, county, or city and county fire department or district providing fire protection services, or the State Fire Marshal:

(1)  Nonambulatory persons.

(2)  Bedridden persons

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  Health and Safety Code Section 1569.72(c) provides in part:

  "(c)  …bedridden persons may be admitted to, and remain in, residential care facilities for the elderly that secure and maintain an appropriate fire clearance.  A fire clearance shall be issued to a facility in which a bedridden person resides if either of the following conditions are met:

  (1)  The fire safety requirements are met.  Residents who are unable to independently transfer to and from bed, but who do not need assistance to turn or reposition in bed, shall be considered nonambulatory for purposes of this paragraph.

  (2)  Alternative methods of protection are approved."

  Health and Safety Code Sections 1569.72(h)(2)(B)(ii) provides:

  "(h)(2)(B)(ii)  Either the facility, the resident or residents' representative, or local fire official may request from the Office of the State Fire Marshal a written opinion concerning the interpretation of the regulations promulgated by the State Fire Marshal pursuant to this section for a particular factual dispute.  The State Fire Marshal shall issue the written opinion within 45 days following the request."

  Health and Safety Code Sections 1569.72(i) provides:

  "(i)  For facilities that care for six or fewer clients, a local fire official may not impose fire safety requirements stricter than the fire safety regulations promulgated for the particular type of facility by the Office of the State Fire Marshal or the local fire safety requirements imposed on any other single family dwelling, whichever is more strict."

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NOTE:  Authority cited:  Section 1569.30, Health and Safety Code.  Reference:  Sections 1569.2, 1569.312, and 15692.72, Health and Safety Code.