California Health and Safety Code Section 1597.45

CA Health & Safety Code § 1597.45 (2017)  

All of the following shall apply to small family day care homes:

(a)  The use of a 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 a 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 of Division 12, 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 and one or more functioning carbon monoxide detectors that meet the requirements of Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of the carbon monoxide detectors during inspections.

(Amended by Stats. 2014, Ch. 503, Sec. 5. (AB 2386) Effective January 1, 2015.)

Last modified: October 25, 2018