AB 335

Under current law, no person may maintain, manage, or operate a bed and

breakfast for more than ten nights in a year without obtaining a permit from the

Department of Health Services (DHS). A bed and breakfast is defined as any place

of lodging that provides eight or fewer rooms for rent to no more than 20 individuals;

provides no meals other than breakfast, which must be provided only to renters; is

the owner's personal residence and is occupied by the owner at the time of rental; was

originally built and occupied as a single-family residence, or was converted to use

and occupied as a single-family residence, before use as a place of lodging; and has

had completed, before May 11, 1990, any structural additions to the dimensions of

the original structure, including by renovation. The limitation on structural

additions does not apply, under current law, to a structural addition, made to a

structure that was originally constructed at least 50 years before a permit

application was made and for which no use other than as a bed and breakfast is

proposed as long as the addition complies with the rules for one-family and

two-family dwelling construction and inspection, or to a structural addition made

to a structure after May 11, 1990, that is within the dimensions of the original

structure. Current law requires that bed and breakfasts be operated and maintained

with strict regard to public health and safety and requires bed and breakfasts to

comply with rules relating to public health and safety, as prescribed by DHS. The

rules DHS prescribes for public health and safety in bed and breakfasts must be less

stringent than similar rules for other establishments, such as hotels and

restaurants, and cannot require a second exit from a floor above the first floor of the

bed and breakfast. Bed and breakfasts are subject to laws similar to other

establishments, including requiring a preinspection by DHS or a local health

department before a permit to operate is issued. This bill changes the definition of

a bed and breakfast to eliminate the requirement that a bed and breakfast has had

completed, before May 11, 1990, any structural additions to the dimensions of the

original structure.

Under current law, the one-family and two-family dwelling construction and

inspection rules do not apply to bed and breakfasts, except that the rules do apply

to the third-floor level of a bed and breakfast that uses that level other than as

storage and to a structural addition that is made to a structure that was originally

constructed at least 50 years before applying for a permit from DHS to operate the

bed and breakfast and for which no use other than as a bed and breakfast is proposed.

Under this bill, the one-family and two-family dwelling construction and inspection

rules apply to a structural addition made to a bed and breakfast that alters the

dimensions of the structure instead of applying only to additions to structures that

are at least 50 years old before the permit application to DHS is made.