reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 11834.03 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 1 - General Provisions|Section 11834.03.

11834.03.  (a) A person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following:(1) A completed written application for licensure.(2) A fire clearance approved by the State Fire Marshal or local fire enforcement officer.(3) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01).(b) (1) If an applicant intends to permit services pursuant to Section 11834.026, the applicant shall submit evidence of a valid license of the physician and surgeon who will provide or oversee those services, and any other information the department deems appropriate.(2) The department shall establish and collect an additional licensure fee for an application that includes a request to provide services pursuant to Section 11834.026. The fee shall be set at an amount sufficient to cover the reasonable costs to the department of the additional assessment and investigation necessary to license facilities to provide these services, including, but not limited to, processing applications, issuing licenses, and investigating reports of noncompliance with licensing regulations. (Amended by Stats. 2015, Ch. 744, Sec. 4. (AB 848) Effective January 1, 2016.)
CA Health & Safety Code § 11834.09 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 1 - General Provisions|Section 11834.09.

11834.09.  (a) The department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee subject to the department’s review and determination that the applicant can comply with this chapter and regulations adopted pursuant to this chapter.(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 applicant.(c) Failure of the applicant to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the application for licensure.(d) Initial licenses for new facilities shall be provisional for one year. During the term of the provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” means failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A licensee may not reapply for an initial license for five years following a revocation of a provisional license.(e) On or before July 1, 2022, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.(Repealed and added by Stats. 2018, Ch. 775, Sec. 2. (AB 3162) Effective January 1, 2019.)
CA Health & Safety Code § 11834.15 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 1 - General Provisions|Section 11834.15.

11834.15.  The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.(Amended by Stats. 2007, Ch. 177, Sec. 12. Effective August 24, 2007.)
CA Health & Safety Code § 11834.16 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 1 - General Provisions|Section 11834.16.

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.(Added by Stats. 1993, Ch. 741, Sec. 10. Effective January 1, 1994.)
CA Health & Safety Code § 11834.17 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 1 - General Provisions|Section 11834.17.

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.(Amended by Stats. 1989, Ch. 919, Sec. 12.)
CA Health & Safety Code § 11834.18 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 1 - General Provisions|Section 11834.18.

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. (Amended by Stats. 1989, Ch. 919, Sec. 13.)
CA Health & Safety Code § 11834.20 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2 - Local Regulation|Section 11834.20.

11834.20.  The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need.The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity.For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff.(Amended by Stats. 1989, Ch. 919, Sec. 15.)
CA Health & Safety Code § 11834.21 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2 - Local Regulation|Section 11834.21.

11834.21.  Any person licensed under this chapter who operates or proposes to operate an alcoholism or drug abuse recovery or treatment facility, the department or other public agency authorized to license such a facility, or any public or private agency which uses or may use the services of the facility to place its clients, may invoke the provisions of this article.This section shall not be construed to prohibit any interested party from bringing suit to invoke the provisions of this article.(Amended by Stats. 1989, Ch. 919, Sec. 16.)
CA Health & Safety Code § 11834.22 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2 - Local Regulation|Section 11834.22.

11834.22.  An alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other single-family dwellings are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 11834.23, local bond assessments, and other fees, charges, and assessments to which other single-family dwellings are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to alcoholism or drug abuse recovery or treatment facilities which serve six or fewer persons.(Amended by Stats. 1989, Ch. 919, Sec. 17.)
CA Health & Safety Code § 11834.23 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2 - Local Regulation|Section 11834.23.

11834.23.  (a) Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.(b) For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence.(c) This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.(d) This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings.(e) No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone.(f) Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents.(Amended by Stats. 2014, Ch. 144, Sec. 37. (AB 1847) Effective January 1, 2015.)
CA Health & Safety Code § 11834.24 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2 - Local Regulation|Section 11834.24.

11834.24.  No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to an alcoholism or drug abuse recovery or treatment facility because of a failure to comply with local ordinances from which the facility is exempt under Section 11834.23, if the applicant otherwise qualifies for a fire clearance, license, permit, or similar authorization.(Amended by Stats. 1989, Ch. 919, Sec. 19.)
CA Health & Safety Code § 11834.25 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2 - Local Regulation|Section 11834.25.

11834.25.  For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.(Amended by Stats. 1989, Ch. 919, Sec. 20.)
CA Health & Safety Code § 11834.27 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2.5 - Requirements for Licensees|Section 11834.27.

11834.27.  (a)  The department shall have the sole authority in state government to establish the appropriate minimum qualifications of the licensee or designated administrator, and the staff of a provider of any of the services specified in subdivision (a) of Section 11834.26. These qualifications may include, but not be limited to, education, skills, life experience, and training. (b)  Nothing in this section shall be construed to apply to credentialing or licensing of individuals or to certification qualifications established pursuant to Chapter 7 (commencing with Section 11833). (Added by Stats. 1993, Ch. 741, Sec. 12. Effective January 1, 1994.)
CA Health & Safety Code § 11834.29 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 2.5 - Requirements for Licensees|Section 11834.29.

11834.29.  Any licensee that provides recovery, treatment, or detoxification services, that is not in compliance with the requirements of this article, shall have one year from the effective date of the regulations adopted by the department pursuant to this article and pursuant to Article 5 (commencing with Section 11834.50) to comply. In the event that the licensee fails to comply, the department shall take action against the licensee pursuant to Article 4 (commencing with Section 11834.36).(Added by Stats. 1993, Ch. 741, Sec. 12. Effective January 1, 1994.)
CA Health & Safety Code § 11834.30 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 3 - Offenses|Section 11834.30.

11834.30.  No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license issued pursuant to this chapter.(Added by renumbering Section 11834.12 by Stats. 1993, Ch. 741, Sec. 6. Effective January 1, 1994.)
CA Health & Safety Code § 11834.31 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 3 - Offenses|Section 11834.31.

11834.31.  If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing alcoholism or drug abuse recovery, treatment, or detoxification services without a license, the employee or agent shall take the following actions:(a) Submit the findings of the investigation to the department.(b) Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following:(1) The date by which the facility shall cease providing services.(2) Notice that the department will assess against the facility a civil penalty of two thousand dollars ($2,000) per day for every day the facility continues to provide services beyond the date specified in the notice.(3) Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice.(c) Inform the facility of the licensing requirements of this chapter.(d) A person or entity found to be in violation of Section 11834.30 shall be prohibited from applying for initial licensure for a period of five years from the date of the notice specified in subdivision (b).(Amended by Stats. 2018, Ch. 775, Sec. 5. (AB 3162) Effective January 1, 2019.)
CA Health & Safety Code § 11834.32 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 3 - Offenses|Section 11834.32.

11834.32.  (a)  The director may bring an action to enjoin the violation of Section 11834.30 in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. (b)  With respect to any and all actions brought pursuant to this section alleging actual violation of Section 11834.30, the court shall, if it finds the allegations to be true, issue its order enjoining the alcoholism or drug abuse recovery or treatment facility from continuance of the violation. (Added by renumbering Section 11834.30 by Stats. 1993, Ch. 741, Sec. 13. Effective January 1, 1994.)
CA Health & Safety Code § 11834.34 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 3 - Offenses|Section 11834.34.

11834.34.  (a)  In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty for violation of this chapter or the regulations adopted pursuant to this chapter.(1)  The amount of the civil penalty, as determined by the department, shall not be less than two hundred fifty dollars ($250) or more than five hundred dollars ($500) per day for each violation, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one thousand dollars ($1,000) per day.(2)  A licensee that is cited for repeating the same violation within 24 months of the first violation is subject to an immediate civil penalty of five hundred dollars ($500) and seven hundred fifty dollars ($750) for each day the violation continues until the deficiency is corrected.(3)  A licensee that has been assessed a civil penalty pursuant to paragraph (2) that repeats the same violation within 24 months of the violation subject to paragraph (2) is subject to an immediate civil penalty of five hundred dollars ($500) and one thousand dollars ($1,000) for each day the violation continues until the deficiency is corrected.(b)  Prior to the assessment of any civil penalty, the department shall provide the licensee with notice requiring the licensee to correct the deficiency within the period of time specified in the notice.(Amended by Stats. 2018, Ch. 775, Sec. 6. (AB 3162) Effective January 1, 2019.)
CA Health & Safety Code § 11834.35 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 4 - Suspension and Revocation|Section 11834.35.

11834.35.  Any employee or agent of the department upon presentation of proper identification, may enter and inspect any building, premises, and records, at a reasonable time, with or without notice, to secure information regarding compliance with, or to prevent a violation of, this chapter or any regulation adopted pursuant to this chapter. Failure of the owner or operator of the building or premises to allow the employee or agent of the department to enter and inspect the building, premises, and records, shall result in the department taking legal action to gain entry by an inspection warrant issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. The cost of any legal action required to gain entry to a licensed facility shall be borne by the owner or operator responsible for preventing the department from entering and inspecting the building, premises, and records.(Added by Stats. 1993, Ch. 741, Sec. 19. Effective January 1, 1994.)