Community Commentary:

Residential recovery facilities are a vital part of the recovery process for people with addiction problems. Those of us who live in coastal areas are only too familiar with these facilities, as they tend to concentrate in our communities. They exist side by side with homes and businesses in our neighborhoods, yet they are not required to adhere to local zoning, fire or any other reasonable regulations. This is not a safe situation for the facility residents or the neighborhoods in which they exist. While this is clearly a problem in Orange County, it has raised concerns in cities across the state.

Communities in my district have direct experience with residential treatment facilities refusing to comply with local regulations. Two Newport Beach recovery centers have recently been in the news because of allegations of creating problems in neighborhoods. Just this week, the Newport Beach City Council was set to decide if these two centers can even keep their doors open. Clearly, there is a need for reasonable solutions that balance both the safety and zoning concerns of neighborhoods with the needs of residential treatment centers.

This past year, I introduced Senate Bill 268 that was a collaborative, bipartisan effort designed to facilitate the ability of the Legislature, California Department of Alcohol and Drugs Programs (ADP) and localities to protect the spirit of residential recovery by allowing treatment centers to fully integrate into neighborhoods. My legislation would have smoothed that process by helping localities preserve the character of the neighborhoods and apply community zoning and building fire safety standards to treatment facilities. The bill is stalled in the Assembly Health Committee.

Residential treatment facilities are regulated by ADP, not local government. This can inadvertently create a conflict between the facilities and the locals. Under current law, ADP can renew a facility’s license by conducting a premises inspection and reviewing the operator’s qualifications. Nowhere is it required that a new fire clearance be obtained. As a result, fire clearances are reproduced over and over by the facility operator and rarely updated to reflect current safety standards. This presents a safety issue for neighborhoods, local governments and the clients in recovery.

SB 268 seeks to remedy this by simply stating that any license renewal by a facility serving seven or more people shall include a fire clearance approved by the state fire marshal or local prevention officer based on building codes in place at the time that the facility was initially licensed. People in recovery, like anyone in a group living situation, deserve to live in safe environments with current life-saving protections.

California needs a compromise to ensure residential treatment facilities coexist peacefully with their surrounding communities. These treatment centers are necessary for the successful treatment of people battling addictions, but at the same time, the neighborhoods in which they locate have rights, too.

TOM HARMAN is a state senator covering the 35th District.