Health & Saf. Code, § 1596.809 · Article 2. Administration of Child Day Care Licensing
Health & Saf. Code, § 1596.809
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency, as defined in Section 13244, or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations.
(b) (1) Until January 1, 2027, the State Fire Marshal and local fire enforcing agencies assigning occupancy and use or change of use classifications and issuing fire clearance approvals to day care centers as defined in Section 1596.76, shall apply the provisions of Chapter 3 of Title 24 of the California Building Code as the provisions existed on December 31, 2022.
(2) This subdivision applies to applicants for licensure as a day care center as defined in Section 1596.76, and licensed day care centers seeking an updated fire clearance due to changes that require a new fire clearance to be obtained, for a fire clearance inspection that occurs on or after January 1, 2023.
(c) This section shall remain operative only until January 1, 2027, or until the promulgation of regulations described in subdivision (d) of Section 13235, whichever occurs first, and as of January 1, 2027, is repealed.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 998, Sec. 31. (AB 176) Effective September 30, 2024. Conditionally inoperative on or before the repeal date. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 32 of Stats. 2024, Ch. 998.
Another version listed by the Legislative Counsel
Conditionally operative on or before January 1, 2027, by its own provisions.
(a) A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency, as defined in Section 13244, or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations.
(b) This section shall become operative on January 1, 2027, or upon the promulgation of regulations described in subdivision (d) of Section 13235, whichever occurs first.
History (another version listed by the Legislative Counsel)
Repealed (in Sec. 31) and added by Stats. 2024, Ch. 998, Sec. 32. (AB 176) Effective September 30, 2024. Conditionally operative on or before January 1, 2027, by its own provisions.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1596.809.
- Text hash
- sha256 77806ddf4a3de31be4411508fd232ecd647c24f806e0f22fd5cfb5890111f8f1
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
- the Legislative Counsel lists 2 versions of this section; the version shown is the one in force by its history, the other is under "Another version listed by the Legislative Counsel" (conditional)
- the version shown operates conditionally by its own provisions (its history says so)
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Health and Safety Code
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