Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1949Introduced by Assembly Member SantiagoJanuary 29, 2018 An act to amend Section 1569.698 to Sections 12750, 12755, and 12761 of the Health and Safety Code, relating to care facilities. explosives.LEGISLATIVE COUNSEL'S DIGESTAB 1949, as amended, Santiago. Residential care facilities for the elderly: building standards. Explosives: flamethrowing devices. Existing law prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet.This bill would instead define a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 2 feet. The bill would prohibit a seller of a flamethrowing device, subject to criminal penalty, from selling the device to a person without a valid flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would provide that, as of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.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.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires the department to adopt regulations for residential care facilities for the elderly that care for people with a major neurocognitive disorder to authorize a facility to utilize secured perimeter fences or locked exit doors according to the regulations.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12750 of the Health and Safety Code is amended to read:12750. For purposes of this part, the following definitions shall apply:(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.SEC. 2. Section 12755 of the Health and Safety Code is amended to read:12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.SEC. 3. Section 12761 of the Health and Safety Code is amended to read:12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 1569.698 of the Health and Safety Code is amended to read:1569.698.(a)The State Fire Marshal has proposed that the California Building Standards Commission adopt building standards to provide for locked and secured perimeters in residential care facilities for the elderly that care for persons with major neurocognitive disorder:(1)It is acknowledged that these building standards will not become effective until October 1, 1996.(2)It is the policy of the California Building Standards Commission that building standards be adopted exclusively into the California Building Standards Code and not into state statute.(3)However, in recognition of the immediate need of residential care facilities for the elderly caring for persons with major neurocognitive disorder to provide a secured environment, it is the intent of the Legislature that the building standards for locked and secured perimeters proposed by the State Fire Marshal for adoption in the 1994 California Building Standards Code, as set forth in Section 1569.699, be effective October 4, 1995.(b)(1)Upon the filing of emergency regulations with the Secretary of State pursuant to subdivision (c), a residential care facility for the elderly that cares for people with major neurocognitive disorder may utilize secured perimeter fences or locked exit doors if it meets the requirements for additional safeguards required by those regulations.(2)For the purposes of this article, major neurocognitive disorder includes Alzheimers disease and related disorders, diagnosed by a physician, that increase the tendency to wander and that decrease hazard awareness and the ability to communicate.(3)It is the intent of the Legislature in enacting this article that residential care facilities for the elderly have options for the security of persons with major neurocognitive disorder who are residents of those facilities that are in addition to existing security exceptions made for individual residents. It is the further intent of the Legislature that these additional options shall include the use of waivers of certain building standards relating to fire safety, to be issued by the state department with the approval of the State Fire Marshal, to permit the care of a target group of persons with major neurocognitive disorder by means of secured perimeter fences, or the use of locked exterior doors. A waiver request shall include a facility plan of operation that addresses elements of care to be identified by the department in regulations and demonstrates the facilitys ability to meet the safety needs of persons with major neurocognitive disorder.(4)The department shall adopt regulations that ensure that staff for secured perimeter facilities receive appropriate and adequate training in the care of residents with major neurocognitive disorder.(5)This section is not intended to prohibit residential care facilities for the elderly from accepting or retaining persons with major neurocognitive disorder whose needs can be fully met using care options permitted by existing law and regulations.(6)It is not the intent of the Legislature to authorize an increase in the level of care provided in a residential care facility for the elderly or to establish a supplemental rate structure based on the services provided in the facility.(7)All admissions to residential care facilities for the elderly shall continue to be voluntary on the part of the resident or with the lawful consent of the residents legal conservator.(c)The department shall adopt regulations to implement subdivision (b) in accordance with those provisions of the Administrative Procedure Act contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations following October 4, 1995, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.(d)In addition to the security options authorized by subdivision (b), residential care facilities for the elderly that accept or retain as residents persons with major neurocognitive disorder, and that choose to utilize the security options of egress-control devices of the time-delay type in addition to secured perimeter fences or locked exit doors, shall comply with Section 1569.699, or regulations adopted by the California Building Standards Commission, whichever is operative.(e)A residential care facility for the elderly shall not utilize special egress-control devices of the time-delay type, secured perimeter fences, or locked exit doors unless the facility meets the requirements of Section 1569.699 or the California Building Standards Commission adopts building standards to implement this section.(f)A person who is not a conservatee and is entering a locked or secured perimeter facility pursuant to this section shall sign a statement of voluntary entry. The facility shall retain the original statement and shall send a copy of the statement to the department.
Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1949Introduced by Assembly Member SantiagoJanuary 29, 2018 An act to amend Section 1569.698 to Sections 12750, 12755, and 12761 of the Health and Safety Code, relating to care facilities. explosives.LEGISLATIVE COUNSEL'S DIGESTAB 1949, as amended, Santiago. Residential care facilities for the elderly: building standards. Explosives: flamethrowing devices. Existing law prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet.This bill would instead define a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 2 feet. The bill would prohibit a seller of a flamethrowing device, subject to criminal penalty, from selling the device to a person without a valid flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would provide that, as of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.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.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires the department to adopt regulations for residential care facilities for the elderly that care for people with a major neurocognitive disorder to authorize a facility to utilize secured perimeter fences or locked exit doors according to the regulations.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 15, 2018
Amended IN Assembly March 15, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1949
Introduced by Assembly Member SantiagoJanuary 29, 2018
Introduced by Assembly Member Santiago
January 29, 2018
An act to amend Section 1569.698 to Sections 12750, 12755, and 12761 of the Health and Safety Code, relating to care facilities. explosives.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1949, as amended, Santiago. Residential care facilities for the elderly: building standards. Explosives: flamethrowing devices.
Existing law prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet.This bill would instead define a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 2 feet. The bill would prohibit a seller of a flamethrowing device, subject to criminal penalty, from selling the device to a person without a valid flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would provide that, as of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.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.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires the department to adopt regulations for residential care facilities for the elderly that care for people with a major neurocognitive disorder to authorize a facility to utilize secured perimeter fences or locked exit doors according to the regulations.This bill would make technical, nonsubstantive changes to that provision.
Existing law prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet.
This bill would instead define a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 2 feet. The bill would prohibit a seller of a flamethrowing device, subject to criminal penalty, from selling the device to a person without a valid flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would provide that, as of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.
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.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires the department to adopt regulations for residential care facilities for the elderly that care for people with a major neurocognitive disorder to authorize a facility to utilize secured perimeter fences or locked exit doors according to the regulations.
This bill would make technical, nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12750 of the Health and Safety Code is amended to read:12750. For purposes of this part, the following definitions shall apply:(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.SEC. 2. Section 12755 of the Health and Safety Code is amended to read:12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.SEC. 3. Section 12761 of the Health and Safety Code is amended to read:12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 1569.698 of the Health and Safety Code is amended to read:1569.698.(a)The State Fire Marshal has proposed that the California Building Standards Commission adopt building standards to provide for locked and secured perimeters in residential care facilities for the elderly that care for persons with major neurocognitive disorder:(1)It is acknowledged that these building standards will not become effective until October 1, 1996.(2)It is the policy of the California Building Standards Commission that building standards be adopted exclusively into the California Building Standards Code and not into state statute.(3)However, in recognition of the immediate need of residential care facilities for the elderly caring for persons with major neurocognitive disorder to provide a secured environment, it is the intent of the Legislature that the building standards for locked and secured perimeters proposed by the State Fire Marshal for adoption in the 1994 California Building Standards Code, as set forth in Section 1569.699, be effective October 4, 1995.(b)(1)Upon the filing of emergency regulations with the Secretary of State pursuant to subdivision (c), a residential care facility for the elderly that cares for people with major neurocognitive disorder may utilize secured perimeter fences or locked exit doors if it meets the requirements for additional safeguards required by those regulations.(2)For the purposes of this article, major neurocognitive disorder includes Alzheimers disease and related disorders, diagnosed by a physician, that increase the tendency to wander and that decrease hazard awareness and the ability to communicate.(3)It is the intent of the Legislature in enacting this article that residential care facilities for the elderly have options for the security of persons with major neurocognitive disorder who are residents of those facilities that are in addition to existing security exceptions made for individual residents. It is the further intent of the Legislature that these additional options shall include the use of waivers of certain building standards relating to fire safety, to be issued by the state department with the approval of the State Fire Marshal, to permit the care of a target group of persons with major neurocognitive disorder by means of secured perimeter fences, or the use of locked exterior doors. A waiver request shall include a facility plan of operation that addresses elements of care to be identified by the department in regulations and demonstrates the facilitys ability to meet the safety needs of persons with major neurocognitive disorder.(4)The department shall adopt regulations that ensure that staff for secured perimeter facilities receive appropriate and adequate training in the care of residents with major neurocognitive disorder.(5)This section is not intended to prohibit residential care facilities for the elderly from accepting or retaining persons with major neurocognitive disorder whose needs can be fully met using care options permitted by existing law and regulations.(6)It is not the intent of the Legislature to authorize an increase in the level of care provided in a residential care facility for the elderly or to establish a supplemental rate structure based on the services provided in the facility.(7)All admissions to residential care facilities for the elderly shall continue to be voluntary on the part of the resident or with the lawful consent of the residents legal conservator.(c)The department shall adopt regulations to implement subdivision (b) in accordance with those provisions of the Administrative Procedure Act contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations following October 4, 1995, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.(d)In addition to the security options authorized by subdivision (b), residential care facilities for the elderly that accept or retain as residents persons with major neurocognitive disorder, and that choose to utilize the security options of egress-control devices of the time-delay type in addition to secured perimeter fences or locked exit doors, shall comply with Section 1569.699, or regulations adopted by the California Building Standards Commission, whichever is operative.(e)A residential care facility for the elderly shall not utilize special egress-control devices of the time-delay type, secured perimeter fences, or locked exit doors unless the facility meets the requirements of Section 1569.699 or the California Building Standards Commission adopts building standards to implement this section.(f)A person who is not a conservatee and is entering a locked or secured perimeter facility pursuant to this section shall sign a statement of voluntary entry. The facility shall retain the original statement and shall send a copy of the statement to the department.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12750 of the Health and Safety Code is amended to read:12750. For purposes of this part, the following definitions shall apply:(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.
SECTION 1. Section 12750 of the Health and Safety Code is amended to read:
### SECTION 1.
12750. For purposes of this part, the following definitions shall apply:(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.
12750. For purposes of this part, the following definitions shall apply:(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.
12750. For purposes of this part, the following definitions shall apply:(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.
12750. For purposes of this part, the following definitions shall apply:
(a) Flamethrowing device means any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas or liquid a distance of at least 10 two feet.
(b) Permitholder means a person who holds a flamethrowing device permit issued pursuant to this part.
SEC. 2. Section 12755 of the Health and Safety Code is amended to read:12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.
SEC. 2. Section 12755 of the Health and Safety Code is amended to read:
### SEC. 2.
12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.
12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.
12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.
12755. (a) No person shall use or possess a flamethrowing device, and no seller of a flamethrowing device shall sell the device to a person in the state, without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.
(b) As of January 1, 2018, a manufacturer of a flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law.
SEC. 3. Section 12761 of the Health and Safety Code is amended to read:12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.
SEC. 3. Section 12761 of the Health and Safety Code is amended to read:
### SEC. 3.
12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.
12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.
12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.
12761. Any person who uses or possesses any flamethrowing device, and any seller of a flamethrowing device who sells the device to a person in the state, without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.
(a)The State Fire Marshal has proposed that the California Building Standards Commission adopt building standards to provide for locked and secured perimeters in residential care facilities for the elderly that care for persons with major neurocognitive disorder:
(1)It is acknowledged that these building standards will not become effective until October 1, 1996.
(2)It is the policy of the California Building Standards Commission that building standards be adopted exclusively into the California Building Standards Code and not into state statute.
(3)However, in recognition of the immediate need of residential care facilities for the elderly caring for persons with major neurocognitive disorder to provide a secured environment, it is the intent of the Legislature that the building standards for locked and secured perimeters proposed by the State Fire Marshal for adoption in the 1994 California Building Standards Code, as set forth in Section 1569.699, be effective October 4, 1995.
(b)(1)Upon the filing of emergency regulations with the Secretary of State pursuant to subdivision (c), a residential care facility for the elderly that cares for people with major neurocognitive disorder may utilize secured perimeter fences or locked exit doors if it meets the requirements for additional safeguards required by those regulations.
(2)For the purposes of this article, major neurocognitive disorder includes Alzheimers disease and related disorders, diagnosed by a physician, that increase the tendency to wander and that decrease hazard awareness and the ability to communicate.
(3)It is the intent of the Legislature in enacting this article that residential care facilities for the elderly have options for the security of persons with major neurocognitive disorder who are residents of those facilities that are in addition to existing security exceptions made for individual residents. It is the further intent of the Legislature that these additional options shall include the use of waivers of certain building standards relating to fire safety, to be issued by the state department with the approval of the State Fire Marshal, to permit the care of a target group of persons with major neurocognitive disorder by means of secured perimeter fences, or the use of locked exterior doors. A waiver request shall include a facility plan of operation that addresses elements of care to be identified by the department in regulations and demonstrates the facilitys ability to meet the safety needs of persons with major neurocognitive disorder.
(4)The department shall adopt regulations that ensure that staff for secured perimeter facilities receive appropriate and adequate training in the care of residents with major neurocognitive disorder.
(5)This section is not intended to prohibit residential care facilities for the elderly from accepting or retaining persons with major neurocognitive disorder whose needs can be fully met using care options permitted by existing law and regulations.
(6)It is not the intent of the Legislature to authorize an increase in the level of care provided in a residential care facility for the elderly or to establish a supplemental rate structure based on the services provided in the facility.
(7)All admissions to residential care facilities for the elderly shall continue to be voluntary on the part of the resident or with the lawful consent of the residents legal conservator.
(c)The department shall adopt regulations to implement subdivision (b) in accordance with those provisions of the Administrative Procedure Act contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations following October 4, 1995, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.
(d)In addition to the security options authorized by subdivision (b), residential care facilities for the elderly that accept or retain as residents persons with major neurocognitive disorder, and that choose to utilize the security options of egress-control devices of the time-delay type in addition to secured perimeter fences or locked exit doors, shall comply with Section 1569.699, or regulations adopted by the California Building Standards Commission, whichever is operative.
(e)A residential care facility for the elderly shall not utilize special egress-control devices of the time-delay type, secured perimeter fences, or locked exit doors unless the facility meets the requirements of Section 1569.699 or the California Building Standards Commission adopts building standards to implement this section.
(f)A person who is not a conservatee and is entering a locked or secured perimeter facility pursuant to this section shall sign a statement of voluntary entry. The facility shall retain the original statement and shall send a copy of the statement to the department.