SECTIONS 11834.01-11834.18 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11834.01-11834.18

11834.01. The department has the sole authority in state government
to license adult alcoholism or drug abuse recovery or treatment
facilities.
(a) In administering this chapter, the department shall issue new
licenses for a period of two years to those programs that meet the
criteria for licensure set forth in Section 11834.03.
(b) Onsite program visits for compliance shall be conducted at
least once during the license period.
(c) The department may conduct announced or unannounced site
visits to facilities licensed pursuant to this chapter for the
purpose of reviewing for compliance with all applicable statutes and
regulations.

11834.02. (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means any premises,
place, or building that provides 24-hour residential nonmedical
services to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
(b) As used in this chapter, "adults" may include, but is not
limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to,
mothers under 18 years of age and their children.
(c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.

11834.03. Any person or entity applying for licensure shall file
with the department, on forms provided by the department, all of the
following:
(a) A completed written application for licensure.
(b) A fire clearance approved by the State Fire Marshal or local
fire enforcement officer.
(c) A licensure fee, established in accordance with Chapter 7.3
(commencing with Section 11833.01).

11834.09. (a) Upon receipt of a completed written application, fire
clearance, and licensing fee from the prospective licensee, and
subject to the department's review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department may issue a single
license to the following types of alcoholism or drug abuse recovery
or treatment facilities:
(1) A residential facility.
(2) A facility wherein separate buildings or portions of a
residential facility are integral components of a single alcoholism
or drug abuse recovery or treatment facility and all of the
components of the facility are managed by the same licensee.
(b) Failure to submit a completed written application, fire
clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department's licensure
review and shall require submission of a new application by the
prospective licensee.
(c) Failure of the prospective licensee to demonstrate the ability
to comply with this chapter or the regulations adopted pursuant to
this chapter shall result in departmental denial of the prospective
licensee's application for licensure.

11834.10. A licensee shall not operate an alcoholism or drug abuse
recovery or treatment facility beyond the conditions and limitations
specified on the license.

11834.15. The department may assess civil penalties in accordance
with Sections 11834.31 and 11834.34.

11834.16. A license shall be valid for a period of two years from
the date of issuance. The department may extend the licensure period
for subsequent two-year periods upon submission by the licensee of a
completed written application for extension and payment of the
required licensing fee prior to the expiration date shown on the
license. Failure to submit to the department the required written
application for extension of the licensing period, or failure to
submit to the department the required licensing fee prior to the
expiration date on the license, shall result in the automatic
expiration of the license at the end of the two-year licensing
period.

11834.17. No city, county, city and county, or district shall adopt
or enforce any building ordinance or local rule or regulations
relating to the subject of fire and life safety in alcoholism and
drug abuse recovery facilities which is more restrictive than those
standards adopted by the State Fire Marshal.

11834.18. (a) Nothing in this chapter shall authorize the
imposition of rent regulations or controls for licensed alcoholism or
drug abuse recovery or treatment facilities.
(b) Licensed alcoholism and drug abuse recovery or treatment
facilities shall not be subject to controls on rent imposed by any
state or local agency or other local government or entity.