Article 6.6. Secured Perimeters of California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 6.6.
(a) The State Fire Marshal has proposed that the State
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 dementia:
(1) It is acknowledged that these building standards will not
become effective until October 1, 1996.
(2) It is the policy of the State 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 dementia 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 upon the date this article becomes operative.
(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 dementia may
utilize secured perimeter fences or locked exit doors, if it meets
the requirements for additional safeguards required by those
(2) For the purposes of this article, dementia includes Alzheimer'
s 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 dementia 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 dementia by means
of secured perimeter fences, or the use of locked exterior doors.
Each 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 facility's ability to meet the
safety needs of persons with dementia.
(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 dementia.
(5) Nothing in this section is intended to prohibit residential
care facilities for the elderly from accepting or retaining persons
with dementia 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 resident's 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 the effective date of the act amending this section during
the 1995-96 Regular Legislative Session 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 dementia, 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
State 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 Building Standards Commission
adopts building standards to implement this section.
(f) Any 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.
(a) When approved by the person responsible for
enforcement as described in Section 13146, exit doors in facilities
classified as Group R, Division 2 facilities under the California
Building Standards Code, licensed as residential care facilities for
the elderly, and housing clients with Alzheimer's disease or
dementia, may be equipped with approved listed special egress-control
devices of the time-delay type, provided the building is protected
throughout by an approved automatic sprinkler system and an approved
automatic smoke-detection system. The devices shall conform to all of
the following requirements:
(1) Automatic deactivation of the egress-control device upon
activation of either the sprinkler system or the detection system.
(2) Automatic deactivation of the egress-control device upon loss
of electrical power to any one of the following: The egress-control
device; the smoke-detection system; exit illumination as required by
Section 1012 of the California Building Code.
(3) Be capable of being deactivated by a signal from a switch
located in an approved location.
(4) Initiate an irreversible process that will deactivate the
egress-control device whenever a manual force of not more than 15
pounds (66.72 N) is applied for two seconds to the panic bar or other
door-latching hardware. The egress-control device shall deactivate
within an approved time period not to exceed a total of 15 seconds,
except that the person responsible for enforcement as described in
Section 13146 may approve a delay not to exceed 30 seconds in
residential care facilities for the elderly serving patients with
Alzheimer's disease. The time delay established for each
egress-control device shall not be field adjustable.
(5) Actuation of the panic bar or other door-latching hardware
shall activate an audible signal at the door.
(6) The unlatching shall not require more than one operation.
(7) A sign shall be provided on the door located above and within
12 inches (305mm) of the panic bar or other door-latching hardware
KEEP PUSHING. THIS DOOR WILL OPEN IN ___ SECONDS. ALARM WILL
Sign letter shall be at least one inch (25mm) in height and shall
have a stroke of not less than 1/8 inch (3.3mm).
(8) Regardless of the means of deactivation, relocking of the
egress-control device shall be by manual means only at the door.
(b) Grounds of residential care facilities for the elderly serving
persons with Alzheimer's disease or dementia may be fenced, and
gates therein equipped with locks, provided safe dispersal areas are
located not less than 50 feet (15240mm) from the buildings. Dispersal
areas shall be sized to provide an area of not less than three
square feet (0.28 2) per occupant. Gates shall not be installed
across corridors or passageways leading to the dispersal areas unless
they comply with the exit requirements of Section 1021 of the
California Building Standards Code.
(c) Exit doors may be locked in residential care facilities for
the elderly that meet the requirements for Group I, Division 3
occupancies under the California Building Standards Code and that
care for people with dementia.
(d) This section shall become inoperative on the date the State
Building Standards Commission adopts regulations regarding secured
perimeters in residential care facilities for the elderly, and, as of
the January 1 next following that date, is repealed, unless a later
enacted statute, that becomes operative on or before that January 1,
deletes or extends the dates on which it becomes inoperative and is
On and after January 1, 1999, no security window bars
may be installed or maintained on any residential care facility for
the elderly unless the security window bars meet current state and
local requirements, as applicable, for security window bars and
safety release devices.
Residential care facilities for the elderly that serve
residents with Alzheimer's disease and other forms of dementia should
include information on sundowning as part of the training for direct
care staff, and should include in the plan of operation a brief
narrative description explaining activities available for residents
to decrease the effects of sundowning, including, but not limited to,
increasing outdoor activities in appropriate weather conditions.