13140. There is hereby created in the Office of the State Fire
Marshal a State Board of Fire Services which shall consist of 18
members. The State Board of Fire Services succeeds to all of the
powers, duties, and responsibilities of the State Fire Advisory
Board, which is hereby abolished. Whenever the term "State Fire
Advisory Board" appears in any other law, it means the State Board of
Fire Services.
13140.5. The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State Fire
Marshal, the Secretary of Emergency Management, the Chairperson of
the California Fire Fighter Joint Apprenticeship Program, one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government.
The following members shall be appointed by the Governor: one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government. Each member
appointed shall be a resident of this state. The volunteer
firefighter shall be selected from a list of names submitted by the
California State Firefighters Association. One fire chief shall be
selected from a list of names submitted by the California Fire Chiefs'
Association; one fire chief shall be selected from a list of names
submitted by the Fire Districts Association of California; and one
fire chief shall be selected from a list of names submitted by the
California Metropolitan Fire Chiefs. One fire service labor
representative shall be selected from a list of names submitted by
the California Labor Federation; one fire service labor
representative shall be selected from a list of names submitted by
the California Professional Firefighters; one fire service labor
representative shall be selected from a list of names submitted by
the International Association of Fire Fighters; one fire service
labor representative shall be selected from a list of names submitted
by the California Department of Forestry Firefighters; and one fire
service labor representative shall be selected from a list of names
submitted by the California State Firefighters Association. The city
government representative shall be selected from elected or appointed
city chief administrative officers or elected city mayors or council
members. The fire district representative shall be selected from
elected or appointed directors of fire districts. The county
government representative shall be selected from elected or appointed
county chief administrative officers or elected county supervisors.
The appointed members shall be appointed for a term of four years.
Any member chosen by the Governor to fill a vacancy created other
than by expiration of a term shall be appointed for the unexpired
term of the member he or she is to succeed.
13140.6. A quorum of the board shall consist of not less than nine
members of the board. Proxy representation shall not be permitted.
13140.7. The State Fire Marshal shall act as chairman of the board
and provide necessary staff services. A vice chairman shall be
selected by majority vote of the members.
13141. The board shall meet at the call of the State Fire Marshal,
or at the request of any two members, but not less than annually, and
shall receive no salary. Board members shall be paid actual and
necessary expenses related to activities of the board. Meetings of
the board shall be announced in writing to all members at least 15
days in advance of the meeting date.
13142. The board, shall from time to time make full and complete
studies, recommendations, and reports to the Governor and the
Legislature for the purpose of recommending establishment of minimum
standards with respect to all of the following:
(a) Physical requirements, education and training of fire
protection personnel appointed to positions in regularly organized
fire service agencies in this state, who are to be engaged in fire
protection, including, but not limited to, fire suppression, fire
prevention, arson investigation, and other allied fields.
(b) Fire apparatus, equipment, hose, tools, and related items.
(c) Basic minimum courses of training and education for fire
protection personnel.
13142.6. (a) The board, under the direction of the vice
chairperson, shall sit as a board of appeals on the application of
the State Fire Marshal's regulations excepting application of
building standards published in the California Building Standards
Code, by the State Fire Marshal or his or her salaried assistants.
When any affected person believes that the State Fire Marshal's
regulations, excepting building standards, are being applied
incorrectly, the person may appeal the decision of the State Fire
Marshal to the board. The board shall not consider the appeal unless
the matter has come to the attention of the State Fire Marshal and he
or she has rendered a decision in writing. Any appeal to the board
shall be made by the affected person or his or her agent in writing
in the form and manner prescribed by the board. The decision of the
board shall be binding upon the State Fire Marshal. Any decision made
by the board shall be for the instant case only and shall not be
construed as setting precedent for general application.
(b) When an affected person believes that building standards are
being applied incorrectly by the State Fire Marshal or his or her
salaried assistants, that person may appeal to the California
Building Standards Commission pursuant to Chapter 5 (commencing with
Section 18945) of Part 2.5 of Division 13 of this code.
13142.8. When the board sits as a board of appeals:
(a) The State Fire Marshal shall not sit as a member of the board.
(b) A member of the board shall not sit as a member or participant
in the decision of any particular appeal if that member has a
financial or other interest which would influence his or her decision
on the particular appeal.
13143. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 and shall prepare and adopt other regulations establishing minimum
requirements for the prevention of fire, and for the protection of
life and property against fire and panic, in any building or
structure used or intended for use as an asylum, jail, mental
hospital, hospital, home for the elderly, children's nursery,
children's home or institution not otherwise excluded from the
coverage of this subdivision, school, or any similar occupancy of any
capacity, and in any assembly occupancy where 50 or more persons may
gather together in a building, room, or structure for the purpose of
amusement, entertainment, instruction, deliberation, worship,
drinking or dining, awaiting transportation, or education, and for
any laboratory or research and development facility that stores,
handles, or uses regulated hazardous materials. The State Fire
Marshal shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 for the purposes described in this section. Regulations
adopted pursuant to this subdivision and building standards relating
to fire and panic safety published in the California Building
Standards Code shall establish minimum requirements relating to the
means of egress and the adequacy of exits from, the installation and
maintenance of fire extinguishing and fire alarm systems in, the
storage and handling of combustible or explosive materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, security bars, grills, grates, and
furnishings that present a fire, explosion, or panic hazard, and the
minimum requirements shall be predicated on the height and
fire-resistive qualities of the building or structure and the type of
occupancy for which it is to be used. The building standards and
other regulations shall apply to auxiliary or accessory buildings
used or intended for use with any of the occupancies mentioned in
this subdivision. Violation of any building standard or other
regulation shall be a violation of this chapter.
In preparing and adopting building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13, and in preparing and adopting other regulations affecting public
schools, the State Fire Marshal shall also secure the advice of the
State Department of Education. No regulation adopted by the State
Fire Marshal shall conflict with any rule, regulation, or building
standard lawfully adopted or enforced by the Department of General
Services pursuant to Article 3 (commencing with Section 39140) of
Chapter 2 of Part 23 or Article 7 (commencing with Section 81130) of
Chapter 1 of Part 49 of the Education Code.
In addition to any other requirements for location of exit signs
or devices in any building or structure used or intended for use as
an asylum, jail, mental hospital, hospital, home for the elderly,
children's nursery, children's home or institution not otherwise
excluded from the coverage of this subdivision, school, or any
similar occupancy of any capacity, and in any assembly occupancy
where 50 or more persons may gather together in a building, room, or
structure for the purpose of amusement, entertainment, instruction,
deliberation, worship, drinking or dining, awaiting transportation,
or education, the State Fire Marshal shall adopt building standards
pursuant to this section establishing minimum requirements for the
placement of distinctive devices, signs, or other means that identify
exits and can be felt or seen near the floor. Exit sign technologies
permitted by the model building code upon which the California
Building Standards Code is based, shall be permitted. These building
standards shall be adopted before July 1, 1998, and shall apply to
all newly constructed buildings or structures subject to this
subdivision for which a building permit is issued, or construction
commenced, if no building permit is issued, on or after January 1,
1989.
(b) Notwithstanding subdivision (a) and Section 13143.6,
facilities licensed pursuant to Chapter 3 (commencing with Section
1500) of Division 2 which provide nonmedical board, room, and care
for six or fewer ambulatory children placed with the licensee for
care or foster family homes and family day care homes for children,
licensed pursuant to Chapter 3.6 (commencing with Section 1597.50) of
Division 2, with a capacity of six or fewer and providing care and
supervision for ambulatory children or children two years of age or
younger, or both, shall not be subject to Article 1 (commencing with
Section 13100) or Article 2 (commencing with Section 13140) of this
chapter or regulations adopted pursuant thereto. No city, county, or
public district shall adopt or enforce any requirement for the
prevention of fire, or for the protection of life and property
against fire and panic, with respect to structures used as facilities
specified in this subdivision, unless the requirement would be
applicable to a structure regardless of the special occupancy.
Nothing in this subdivision shall restrict the application of state
or local housing standards to those facilities, if the standards are
applicable to residential occupancies and are not based upon the use
of the structure as a facility specified in this subdivision.
"Ambulatory children," as used in this subdivision, does not
include nonambulatory persons, as defined in Section 13131, and
relatives of the licensee or the licensee's spouse.
(c) The State Fire Marshal shall adopt building standards
establishing regulations providing that all school classrooms
constructed after January 1, 1990, not equipped with automatic
sprinkler systems, which have metal grills or bars on all their
windows and do not have at least two exit doors within three feet of
each end of the classroom opening to the exterior of the building or
to a common hallway used for evacuation purposes, shall have an
inside release for the grills or bars on at least one window farthest
from the exit doors. The window or windows with the inside release
shall be clearly marked as an emergency exit, in accordance with
regulations adopted by the State Fire Marshal.
13143.1. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 establishing minimum requirements for the prevention of fire and
for the protection of life and property against fire and panic in any
motion picture or television production facility.
(b) In accordance with Section 13143.5, this subdivision shall not
limit the authority of a city, county, city and county, or special
district to set, pursuant to this division, stricter standards than
those adopted pursuant to this section.
13143.2. (a) Except as provided in Section 18930, the State Fire
Marshal shall adopt, amend, and repeal fire safety rules and
regulations, and, except as otherwise provided in this part and Part
1.5 (commencing with Section 17910) of Division 13, the State Fire
Marshal shall enforce building standards published in the California
Building Standards Code and those other rules and regulations adopted
by the State Fire Marshal for the provision of structural fire
safety and fire-resistant exits in multiple-story structures existing
on January 1, 1975, let for human habitation, including, and limited
to, apartment houses, hotels, and motels wherein rooms used for
sleeping are let above the ground floor. The State Fire Marshal shall
adopt, amend, or repeal, and shall submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13. The rules and regulations and building
standards shall provide adequate safety to the occupants and the
general public, and shall be consistent with the requirements
contained in subdivisions (d), (e), (f), (g), (h), (i), (k), and ( l)
of Section 1215 of Part 2 of the California Building Standards Code,
1990 edition, or similar successor standards of the California
Building Standards Code.
Except as provided in Section 18930, the department, with the
written approval of the State Fire Marshal, may allow reasonable
exceptions to subdivisions (e) and (g) of Section 1215 of Part 2 of
the California Building Standards Code, 1990 edition, or similar
successor standards of the California Building Standards Code, to
permit the continued use of existing stairs and to subdivision ( l)
of Section 1215 to permit equivalent protection in lieu of occupancy
separations. However, the exceptions shall not impair occupant safety
and shall be consistent with the legislative intent of this section.
The building standards adopted by the State Fire Marshal and
submitted for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 shall not require that interior
stairs and vertical openings be enclosed in two-story buildings.
(b) Notwithstanding subdivision (a), any city, county, or city and
county may adopt building standards for structural fire safety and
fire-resistant exits in structures subject to this section. However,
those building standards shall be substantially equivalent in fire
safety to, or more stringent in fire safety than, the building
standards published in the California Building Standards Code. Each
city, county, or city and county adopting alternative standards shall
submit a detailed statement, with supporting data, to the State Fire
Marshal of the alternate standards to the state building standards
and other regulations adopted by the State Fire Marshal. The State
Fire Marshal shall make a finding as to whether the alternative local
standards are equivalent to the requirements of the California
Building Standards Code. It is the intention of the Legislature that
the building standards adopted and published in the California
Building Standards Code shall be consistent with the requirements for
new construction contained in the Uniform Building Code, 1988
edition, as adopted by the International Conference of Building
Officials or similar successor standards adopted in accordance with
Section 18928, except as otherwise required by state or federal law.
(c) This section shall not apply to any apartment house, hotel, or
motel existing on May 14, 1979, having floors, as measured from the
top of the floor surface, used for human occupancy located more than
75 feet above the lowest floor level having building access which is
subject to Chapter 3 (commencing with Section 13210) of Part 2 of
Division 12 relating to high rise buildings existing on May 14, 1979.
(d) The enforcement agency shall make inspections to the extent
necessary to identify the structures within its jurisdiction in
violation of the rules and regulations adopted pursuant to this
section, and all structures subject to this section shall be
conformed to the requirements contained in those regulations.
(e) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (b).
13143.4. The State Fire Marshal shall adopt regulations to
authorize National Fire Protection Association 704 Standard System
Diamonds, as provided in the 1985 Edition of the National Fire
Protection Association 704, Standard System for Identification of
Fire Hazards of Materials, be displayed at entrances to buildings and
other locations where hazardous materials are stored.
13143.5. (a) Notwithstanding Part 2 (commencing with Section 13100)
of Division 12, Part 1.5 (commencing with Section 17910) of Division
13, and Part 2.5 (commencing with Section 18901) of Division 13, any
city, county, or city and county may, by ordinance, make changes or
modifications that are more stringent than the requirements published
in the California Building Standards Code relating to fire and panic
safety and the other regulations adopted pursuant to this part. Any
changes or modifications that are more stringent than the
requirements published in the California Building Standards Code
relating to fire and panic safety shall be subject to subdivision (b)
of Section 18941.5.
(b) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
installation of residential fire sprinkler systems within newly
constructed dwelling units or in new additions to existing dwelling
units, including, but not limited to, manufactured homes as defined
in Section 18007.
(c) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
retrofitting of existing dwelling units for the installation of
residential fire sprinkler systems, including, but not limited to,
manufactured homes as defined in Section 18007.
(d) Nothing in this section shall apply in any manner to
litigation filed prior to January 1, 1991, regarding an ordinance or
regulation which mandates the installation of residential fire
sprinkler systems within newly constructed dwelling units or new
additions to existing dwelling units.
(e) This section shall not apply to fire and panic safety
requirements for the public schools adopted by the State Fire Marshal
pursuant to Section 13143.
(f) (1) A city, county, or city and county that adopts an
ordinance relating to fire and panic safety pursuant to this section
shall delegate the enforcement of the ordinance to either of the
following:
(A) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(B) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(2) Any fee charged pursuant to the enforcement authority of this
subdivision shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged, pursuant to
Section 66014 of the Government Code.
(g) On or before October 1, 1991, and each October 1 thereafter,
the Department of Housing and Community Development, in conjunction
with the office of the State Fire Marshal, shall transmit a report to
the State Building Standards Commission on the more stringent
requirements, adopted by a city, county, or city and county, pursuant
to this section or adopted by a fire protection district and
ratified pursuant to Section 13869.7, to the building standards
relating to fire and panic safety adopted by the State Fire Marshal
and contained in the California Building Standards Code. The report
shall be for informational purposes only and shall include a summary
by the department and the office of the reasons cited as the
necessity for the more stringent requirements. The report required
pursuant to this subdivision shall apply to any more stringent
requirements adopted or ratified on or after January 1, 1991.
(h) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (a).
13143.5. Neither the State Fire Marshal nor any local public entity
shall charge any fee for enforcing the provisions of Section 13143
or regulations adopted pursuant thereto with respect to facilities
providing nonmedical board, room, and care for six or less children
which are required to be licensed under the provisions of Chapter 2
(commencing with Section 1250) of Division 2.
13143.6. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare and adopt regulations establishing minimum standards for the
prevention of fire and for the protection of life and property
against fire in any building or structure used or intended for use as
a home or institution for the housing of any person of any age when
such person is referred to or placed within such home or institution
for protective social care and supervision services by any
governmental agency. The State Fire Marshal shall adopt and submit
building standards for approval pursuant to the provisions of Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13 for the
purposes described in this section. Occupancies within the meaning
of this subdivision shall be those not otherwise specified in
Sections 13113 and 13143 and shall include, but are not limited to,
those commonly referred to as "certified family care homes,"
"out-of-home placement facilities," and "halfway houses." Building
standards relating to fire and panic safety published in the State
Building Standards Code and other regulations adopted pursuant to
this subdivision shall establish minimum requirements relating to the
means of egress and the adequacy of exits, the installation and
maintenance of fire extinguishing and fire alarm systems, the
storage, handling, or use of combustible or flammable materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, and furnishings that may present a fire,
explosion, or panic hazard. Such minimum requirements shall be
predicated on the height, area, and fire-resistive qualities of the
building or structure used or intended to be used.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
nonambulatory persons shall have installed and maintained in proper
operating condition an automatic sprinkler system approved by the
State Fire Marshal. "Nonambulatory person," as used in this section,
means nonambulatory person as defined in Section 13131.
The ambulatory or nonambulatory status of any developmentally
disabled person within the scope of this subdivision shall be
determined by the Director of Social Services or his or her
designated representative, in consultation with the Director of
Developmental Services or his or her designated representative.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
ambulatory persons shall have installed or maintained in proper
operating condition an automatic fire alarm system approved and
listed by the State Fire Marshal which will respond to products of
combustion other than heat.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall give reasonable
consideration to the continued use of existing buildings' housing
occupancies established prior to March 4, 1972.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall also secure the advice of
the appropriate governmental agencies involved in the affected
protective social care programs in order to provide compatibility and
maintenance of operating programs in this state.
Any governmental agency that refers any person to, or causes his
or her placement in, any home or institution subject to this section
shall, within seven days after the referral or placement, request
verification of conformance to the fire safety standards adopted by
the State Fire Marshal pursuant to this section from the fire
authority having jurisdiction pursuant to Sections 13145 and 13146.
Any referral or placement in homes or institutions subject to this
section shall be subject to rescission if the fire authority having
jurisdiction subsequently informs the governmental agency that it is
unable to give the requested verification.
When a building or structure within the scope of this subdivision
is used to house either ambulatory or nonambulatory persons, or both,
and an automatic sprinkler system, approved by the State Fire
Marshal, is installed, this subdivision shall not be construed to
also require the installation of an automatic fire alarm system.
(b) Notwithstanding any other provision of law, facilities which
are subject to the provisions of subdivision (a) and which are used
for the housing of persons, none of whom are physically or mentally
handicapped or nonambulatory persons within the meaning of Section
13131, shall not be required to have installed an automatic sprinkler
system or an automatic fire alarm system. In adopting regulations,
or when adopting building standards for approval pursuant to Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13,
affecting facilities specified in this subdivision, the State Fire
Marshal shall take into consideration the ambulatory and
nonhandicapped status of persons housed in such facilities.
(c) It is the intent of the Legislature that any building or
structure within the scope of subdivision (a) in which there is
housed any totally deaf person, shall be required by the State Fire
Marshal to be equipped with fire warning devices to which such person
is able to respond.
(d) The provisions of this section, building standards adopted by
the State Fire Marshal pursuant to this section and published in the
State Building Standards Code relating to fire and panic safety, and
the other regulations adopted by the State Fire Marshal pursuant to
this section shall apply uniformly throughout the State of
California, and no county, city, city and county, or district shall
adopt or enforce any ordinance or local rule or regulation relating
to fire and panic safety in buildings or structures subject to the
provisions of this section which is inconsistent with the provisions
of this section, building standards published in the State Building
Standards Code relating to fire and panic safety, or the other
regulations adopted by the State Fire Marshal pursuant to this
section.
13143.8. In case of conflict between the State Fire Marshal and the
local enforcement agency in the interpretation or application of the
provisions, regulations, or building standards of the State Fire
Marshal by local enforcement agencies as they pertain to community
care facilities, upon request of the permittee or licensee of the
community care facility, the State Fire Marshal shall notify the
local enforcement agency in writing of the State Fire Marshal's
interpretation, and if the local enforcement agency fails to apply
the State Fire Marshal's interpretation, the State Fire Marshal shall
conduct an adjudication hearing pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code before a hearing officer of the Office of
Administrative Hearings, with the local enforcement agency as
respondent, to resolve the conflict. The interpretation or
application made by the hearing officer is binding on that local
enforcement agency and the State Fire Marshal. The adjudication
hearing shall be held within 30 days after the State Fire Marshal
notifies the local enforcement agency of the interpretation, and a
decision shall be rendered within 15 days of the hearing.
13143.9. (a) The State Fire Marshal shall, in carrying out Section
13143, prepare, adopt, and submit building standards and other fire
and life safety regulations for approval pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of the 1988 Uniform
Fire Code, and any subsequent editions, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials. The State Fire Marshal shall seek the advice of the
California Emergency Management Agency in establishing these
requirements. This section does not prohibit a city, county, or
district from adopting an ordinance, resolution, or regulation
imposing stricter or more stringent requirements than a standard
adopted pursuant to this section.
(b) A business which files the annual inventory form in compliance
with Chapter 6.95 (commencing with Section 25500) of Division 20,
including the addendum adopted pursuant to Section 25503.9, shall be
deemed to have met the requirements of subdivision (c) of Section
80.103 of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section.
(c) A business which is not required to file a hazardous materials
inventory form pursuant to Section 25509 but which is required by
the local fire chief to comply with subdivision (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section, shall, notwithstanding Chapter 6.95
(commencing with Section 25500) of Division 20, file the inventory
form adopted pursuant to Section 25503.3 and the addendum adopted
pursuant to Section 25503.9 with the local fire chief for purposes of
complying with this requirement, if determined to be necessary by
the fire chief.
13144. The State Fire Marshal shall prepare in book or bulletin
form excerpts of the laws, rules, and regulations dealing with fire
and panic safety and may make single copies of such laws, rules, and
regulations available, without cost, to California fire officials and
to owners and managers of establishments governed by such laws,
rules, and regulations.
13144.1. (a) Except as provided in Sections 18930 and 18933, the
State Fire Marshal shall biennially prepare and publish listings of
construction materials and equipment and methods of construction and
of installation of equipment, together with the name of any person,
firm, corporation, association, or similar organization designated as
the manufacturer, representative, or supplier, which are in
conformity with building standards relating to fire and panic safety
adopted and published in the State Building Standards Code and other
fire and panic safety requirements adopted by the State Fire Marshal
and published in Title 19 of the California Administrative Code. The
State Fire Marshal shall in alternate years prepare and publish
revisions to the listings.
Copies of the listings or revisions shall be distributed by the
State Fire Marshal at the costs incurred by him or her for the
printing and distribution of the listings or revisions to persons who
have submitted written requests for the approved listings or
revisions.
The purpose of this section is to provide enforcement authorities,
architects, engineers, contractors, local building officials, and
any other interested persons, with a reliable and readily available
source of information of construction materials, equipment, methods
of construction, and installation of equipment which meet the minimum
requirements established or enforced by the State Fire Marshal,
pursuant to Sections 13108 and 13143. No person, firm, corporation,
association, or similar organization shall be denied listing if the
material to be listed is approved by a testing organization using
testing procedures approved by the State Fire Marshal.
It shall not be construed that because a material, assemblies of
materials, method of construction and installation of equipment have
not been listed, as provided by this section, the material,
assemblies of materials, method of construction and installation of
equipment does not conform to the fire and panic safety requirements
as published in the State Building Standards Code or in Title 19 of
the California Administrative Code.
(b) The State Fire Marshal may evaluate, test, approve,
disapprove, and list any other fire safety product not covered in
subdivision (a).
13144.2. Any person, firm, corporation, association, or similar
organization desiring listing pursuant to Section 13144.1 shall,
prior to placement on any list or revision thereto, make an original
or annual renewal application to the State Fire Marshal on forms
provided by the State Fire Marshal. Original applications shall be
accompanied by both an application fee and a listing fee. Renewal
applications shall be accompanied by a listing fee. An application
for revision shall be accompanied by a revision fee.
Failure to submit an annual renewal application and listing fee
shall automatically cause removal of the material, equipment, method
of construction, or installation of equipment from the listings or
revision thereto.
The original application fee, the listing fee, and the revision
fee shall be established and collected by the State Fire Marshal.
Those fees shall not exceed the costs incurred by the State Fire
Marshal in conducting evaluations and tests of construction materials
and equipment and methods of construction and of installation of
equipment.
The annual application and listing fee renewal period shall begin
on January 1 and end on May 1 preceding the listing year for which
the renewal is requested. A penalty of 50 percent of the listing fee
shall be assessed in all cases where the renewal fees are not paid on
or before May 1, preceding the listing year for which renewal is
requested.
The State Fire Marshal may designate in generic terms, without
application or fee, materials or assemblies of materials classed by
the State Fire Marshal as industrywide, by regulations adopted
pursuant to Sections 13108 and 13143.
13144.3. The annual and renewal listing established by Section
13144.2 shall be for the fiscal year period from July 1 to June 30 or
for the remaining portion thereof. All moneys collected from
original and annual renewal fees pursuant to Section 13144.2 shall be
deposited in the State Fire Marshal Licensing and Certification Fund
established pursuant to Section 13137, and shall be available to the
State Fire Marshal upon appropriation by the Legislature for the
purposes specified in Section 13144.2.
13144.4. The State Fire Marshal may adopt regulations to implement,
interpret, make specific or otherwise carry out the provisions of
Sections 13144.1, 13144. 2, and 13144.3.
13144.5. The State Fire Marshal shall prepare and conduct voluntary
regular training sessions devoted to the interpretation and
application of the laws and rules and regulations in Title 19 and
Title 24 of the California Code of Regulations relating to fire and
panic safety. The training sessions shall include, but need not be
limited to, interpretation of the regulations pertaining to community
care facilities licensed pursuant to Section 1508, to residential
care facilities for the elderly licensed pursuant to Section 1569.10,
and to child day care facilities licensed pursuant to Section
1596.80, in order to coordinate a consistent interpretation and
application of the regulations among local fire enforcement agencies.
13145. The State Fire Marshal, the chief of any city, county, or
city and county fire department or district providing fire protection
services, or a Designated Campus Fire Marshal, and their authorized
representatives, shall enforce in their respective areas building
standards relating to fire and panic safety adopted by the State Fire
Marshal and published in the California Building Standards Code and
other regulations that have been formally adopted by the State Fire
Marshal for the prevention of fire or for the protection of life and
property against fire or panic.
13146. The responsibility for enforcement of building standards
adopted by the State Fire Marshal and published in the California
Building Standards Code relating to fire and panic safety and other
regulations of the State Fire Marshal shall be as follows:
(a) The city, county, or city and county with jurisdiction in the
area affected by the standard or regulation shall delegate the
enforcement of the building standards relating to fire and panic
safety and other regulations of the State Fire Marshal as they relate
to R-3 dwellings, as described in Section 1201 of Part 2 of the
California Building Standards Code, to either of the following:
(1) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(2) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(b) The chief of any city, county, or city and county fire
department or of any fire protection district, and their authorized
representatives, shall enforce within its jurisdiction the building
standards and other regulations of the State Fire Marshal, except
those described in subdivision (a) or (d).
(c) The State Fire Marshal shall have authority to enforce the
building standards and other regulations of the State Fire Marshal in
areas outside of corporate cities and districts providing fire
protection services.
(d) The State Fire Marshal shall have authority to enforce the
building standards and other regulations of the State Fire Marshal in
corporate cities and districts providing fire protection services
upon request of the chief fire official or the governing body.
(e) The State Fire Marshal shall enforce the building standards
and other regulations of the State Fire Marshal on all University of
California campuses and properties administered or occupied by the
University of California. For each university campus or property the
State Fire Marshal may delegate that responsibility to the person of
his or her choice who shall be known as the Designated Campus Fire
Marshal.
(f) Any fee charged pursuant to the enforcement authority of this
section shall not exceed the estimated reasonable cost of providing
the service for which the fee is charged, pursuant to Section 66014
of the Government Code.
13146.1. (a) Notwithstanding the provisions of Section 13146, the
State Fire Marshal, or the State Fire Marshal's authorized
representative, shall inspect every jail or place of detention for
persons charged with or convicted of a crime, unless the chief of any
city or county fire department or fire protection district, or that
chief's authorized representative, indicates in writing to the State
Fire Marshal that inspections of jails or places of detention,
therein, shall be conducted by the chief, or the chief's authorized
representative and submits the reports as required in subdivision
(c).
(b) The inspections shall be made at least once every two years
for the purpose of enforcing the regulations adopted by the State
Fire Marshal, pursuant to Section 13143, and the minimum standards
pertaining to fire and life safety adopted by the Board of
Corrections, pursuant to Section 6030 of the Penal Code.
(c) Reports of the inspections shall be submitted to the official
in charge of the facility, the local governing body, the State Fire
Marshal, and the Board of Corrections within 30 days of the
inspections.
(d) The State Fire Marshal, or his or her authorized
representative, who performs an inspection pursuant to subdivision
(a) may charge and collect a fee for the inspection from the local
government. Any fee collected pursuant to this subdivision shall be
in an amount, as determined by the State Fire Marshal, sufficient to
pay the costs of that inspection or those related fire and life
safety activities.
13146.2. (a) Every city or county fire department or district
providing fire protection services required by Sections 13145 and
13146 to enforce building standards adopted by the State Fire Marshal
and other regulations of the State Fire Marshal shall, annually,
inspect all structures subject to subdivision (b) of Section 17921,
except dwellings, for compliance with building standards and other
regulations of the State Fire Marshal.
(b) A city, county, or district that inspects a structure pursuant
to subdivision (a) may charge and collect a fee for the inspection
from the owner of the structure in an amount, as determined by the
city, county, or district, sufficient to pay the costs of that
inspection. A city, county, or district that provides related fire
and life safety activities may charge and collect a fee for the
inspection from the owner of the structure in an amount, as
determined by the city, county, or district, sufficient to pay the
costs of that inspection.
(c) The State Fire Marshal, or his or her authorized
representative, who inspects a structure subject to subdivision (b)
of Section 17921, except dwellings, for compliance with building
standards and other regulations of the State Fire Marshal, may charge
and collect a fee for the inspection from the owner of the
structure. The State Fire Marshal may also charge and collect a fee
from the owner of the structure for related fire and life safety
activities, such as plan review, construction consulting, fire watch,
and investigation. Any fee collected pursuant to this subdivision
shall be in an amount, as determined by the State Fire Marshal,
sufficient to pay the costs of that inspection or those related fire
and life safety activities.
13146.3. The chief of any city or county fire department or
district providing fire protection services and his or her authorized
representatives shall inspect every building used as a public or
private school within his or her jurisdiction, for the purpose of
enforcing regulations promulgated pursuant to Section 13143, not less
than once each year. The State Fire Marshal and his or her
authorized representatives shall make these inspections not less than
once each year in areas outside of corporate cities and districts
providing fire protection services.
13146.5. The provisions of Sections 13145, 13146 and 13146.3 shall,
so far as practicable, be carried out at the local level by persons
who are regular full-time members of a regularly organized fire
department of a city, county, or district providing fire protection
services, and shall not be carried out by other persons pursuant to
Section 34004 of the Government Code.
13147. The regulations adopted pursuant to subdivision (a) of
Section 13143 shall require that the new construction of any school
building for which review and approval is required under subdivision
(a) of Section 39140 of the Education Code include the placement of
fire hydrants and water piping as necessary to supply the water
capacity required for the fire protection of the building.
13140. There is hereby created in the Office of the State Fire
Marshal a State Board of Fire Services which shall consist of 18
members. The State Board of Fire Services succeeds to all of the
powers, duties, and responsibilities of the State Fire Advisory
Board, which is hereby abolished. Whenever the term "State Fire
Advisory Board" appears in any other law, it means the State Board of
Fire Services.
13140.5. The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State Fire
Marshal, the Secretary of Emergency Management, the Chairperson of
the California Fire Fighter Joint Apprenticeship Program, one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government.
The following members shall be appointed by the Governor: one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government. Each member
appointed shall be a resident of this state. The volunteer
firefighter shall be selected from a list of names submitted by the
California State Firefighters Association. One fire chief shall be
selected from a list of names submitted by the California Fire Chiefs'
Association; one fire chief shall be selected from a list of names
submitted by the Fire Districts Association of California; and one
fire chief shall be selected from a list of names submitted by the
California Metropolitan Fire Chiefs. One fire service labor
representative shall be selected from a list of names submitted by
the California Labor Federation; one fire service labor
representative shall be selected from a list of names submitted by
the California Professional Firefighters; one fire service labor
representative shall be selected from a list of names submitted by
the International Association of Fire Fighters; one fire service
labor representative shall be selected from a list of names submitted
by the California Department of Forestry Firefighters; and one fire
service labor representative shall be selected from a list of names
submitted by the California State Firefighters Association. The city
government representative shall be selected from elected or appointed
city chief administrative officers or elected city mayors or council
members. The fire district representative shall be selected from
elected or appointed directors of fire districts. The county
government representative shall be selected from elected or appointed
county chief administrative officers or elected county supervisors.
The appointed members shall be appointed for a term of four years.
Any member chosen by the Governor to fill a vacancy created other
than by expiration of a term shall be appointed for the unexpired
term of the member he or she is to succeed.
13140.6. A quorum of the board shall consist of not less than nine
members of the board. Proxy representation shall not be permitted.
13140.7. The State Fire Marshal shall act as chairman of the board
and provide necessary staff services. A vice chairman shall be
selected by majority vote of the members.
13141. The board shall meet at the call of the State Fire Marshal,
or at the request of any two members, but not less than annually, and
shall receive no salary. Board members shall be paid actual and
necessary expenses related to activities of the board. Meetings of
the board shall be announced in writing to all members at least 15
days in advance of the meeting date.
13142. The board, shall from time to time make full and complete
studies, recommendations, and reports to the Governor and the
Legislature for the purpose of recommending establishment of minimum
standards with respect to all of the following:
(a) Physical requirements, education and training of fire
protection personnel appointed to positions in regularly organized
fire service agencies in this state, who are to be engaged in fire
protection, including, but not limited to, fire suppression, fire
prevention, arson investigation, and other allied fields.
(b) Fire apparatus, equipment, hose, tools, and related items.
(c) Basic minimum courses of training and education for fire
protection personnel.
13142.6. (a) The board, under the direction of the vice
chairperson, shall sit as a board of appeals on the application of
the State Fire Marshal's regulations excepting application of
building standards published in the California Building Standards
Code, by the State Fire Marshal or his or her salaried assistants.
When any affected person believes that the State Fire Marshal's
regulations, excepting building standards, are being applied
incorrectly, the person may appeal the decision of the State Fire
Marshal to the board. The board shall not consider the appeal unless
the matter has come to the attention of the State Fire Marshal and he
or she has rendered a decision in writing. Any appeal to the board
shall be made by the affected person or his or her agent in writing
in the form and manner prescribed by the board. The decision of the
board shall be binding upon the State Fire Marshal. Any decision made
by the board shall be for the instant case only and shall not be
construed as setting precedent for general application.
(b) When an affected person believes that building standards are
being applied incorrectly by the State Fire Marshal or his or her
salaried assistants, that person may appeal to the California
Building Standards Commission pursuant to Chapter 5 (commencing with
Section 18945) of Part 2.5 of Division 13 of this code.
13142.8. When the board sits as a board of appeals:
(a) The State Fire Marshal shall not sit as a member of the board.
(b) A member of the board shall not sit as a member or participant
in the decision of any particular appeal if that member has a
financial or other interest which would influence his or her decision
on the particular appeal.
13143. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 and shall prepare and adopt other regulations establishing minimum
requirements for the prevention of fire, and for the protection of
life and property against fire and panic, in any building or
structure used or intended for use as an asylum, jail, mental
hospital, hospital, home for the elderly, children's nursery,
children's home or institution not otherwise excluded from the
coverage of this subdivision, school, or any similar occupancy of any
capacity, and in any assembly occupancy where 50 or more persons may
gather together in a building, room, or structure for the purpose of
amusement, entertainment, instruction, deliberation, worship,
drinking or dining, awaiting transportation, or education, and for
any laboratory or research and development facility that stores,
handles, or uses regulated hazardous materials. The State Fire
Marshal shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 for the purposes described in this section. Regulations
adopted pursuant to this subdivision and building standards relating
to fire and panic safety published in the California Building
Standards Code shall establish minimum requirements relating to the
means of egress and the adequacy of exits from, the installation and
maintenance of fire extinguishing and fire alarm systems in, the
storage and handling of combustible or explosive materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, security bars, grills, grates, and
furnishings that present a fire, explosion, or panic hazard, and the
minimum requirements shall be predicated on the height and
fire-resistive qualities of the building or structure and the type of
occupancy for which it is to be used. The building standards and
other regulations shall apply to auxiliary or accessory buildings
used or intended for use with any of the occupancies mentioned in
this subdivision. Violation of any building standard or other
regulation shall be a violation of this chapter.
In preparing and adopting building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13, and in preparing and adopting other regulations affecting public
schools, the State Fire Marshal shall also secure the advice of the
State Department of Education. No regulation adopted by the State
Fire Marshal shall conflict with any rule, regulation, or building
standard lawfully adopted or enforced by the Department of General
Services pursuant to Article 3 (commencing with Section 39140) of
Chapter 2 of Part 23 or Article 7 (commencing with Section 81130) of
Chapter 1 of Part 49 of the Education Code.
In addition to any other requirements for location of exit signs
or devices in any building or structure used or intended for use as
an asylum, jail, mental hospital, hospital, home for the elderly,
children's nursery, children's home or institution not otherwise
excluded from the coverage of this subdivision, school, or any
similar occupancy of any capacity, and in any assembly occupancy
where 50 or more persons may gather together in a building, room, or
structure for the purpose of amusement, entertainment, instruction,
deliberation, worship, drinking or dining, awaiting transportation,
or education, the State Fire Marshal shall adopt building standards
pursuant to this section establishing minimum requirements for the
placement of distinctive devices, signs, or other means that identify
exits and can be felt or seen near the floor. Exit sign technologies
permitted by the model building code upon which the California
Building Standards Code is based, shall be permitted. These building
standards shall be adopted before July 1, 1998, and shall apply to
all newly constructed buildings or structures subject to this
subdivision for which a building permit is issued, or construction
commenced, if no building permit is issued, on or after January 1,
1989.
(b) Notwithstanding subdivision (a) and Section 13143.6,
facilities licensed pursuant to Chapter 3 (commencing with Section
1500) of Division 2 which provide nonmedical board, room, and care
for six or fewer ambulatory children placed with the licensee for
care or foster family homes and family day care homes for children,
licensed pursuant to Chapter 3.6 (commencing with Section 1597.50) of
Division 2, with a capacity of six or fewer and providing care and
supervision for ambulatory children or children two years of age or
younger, or both, shall not be subject to Article 1 (commencing with
Section 13100) or Article 2 (commencing with Section 13140) of this
chapter or regulations adopted pursuant thereto. No city, county, or
public district shall adopt or enforce any requirement for the
prevention of fire, or for the protection of life and property
against fire and panic, with respect to structures used as facilities
specified in this subdivision, unless the requirement would be
applicable to a structure regardless of the special occupancy.
Nothing in this subdivision shall restrict the application of state
or local housing standards to those facilities, if the standards are
applicable to residential occupancies and are not based upon the use
of the structure as a facility specified in this subdivision.
"Ambulatory children," as used in this subdivision, does not
include nonambulatory persons, as defined in Section 13131, and
relatives of the licensee or the licensee's spouse.
(c) The State Fire Marshal shall adopt building standards
establishing regulations providing that all school classrooms
constructed after January 1, 1990, not equipped with automatic
sprinkler systems, which have metal grills or bars on all their
windows and do not have at least two exit doors within three feet of
each end of the classroom opening to the exterior of the building or
to a common hallway used for evacuation purposes, shall have an
inside release for the grills or bars on at least one window farthest
from the exit doors. The window or windows with the inside release
shall be clearly marked as an emergency exit, in accordance with
regulations adopted by the State Fire Marshal.
13143.1. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 establishing minimum requirements for the prevention of fire and
for the protection of life and property against fire and panic in any
motion picture or television production facility.
(b) In accordance with Section 13143.5, this subdivision shall not
limit the authority of a city, county, city and county, or special
district to set, pursuant to this division, stricter standards than
those adopted pursuant to this section.
13143.2. (a) Except as provided in Section 18930, the State Fire
Marshal shall adopt, amend, and repeal fire safety rules and
regulations, and, except as otherwise provided in this part and Part
1.5 (commencing with Section 17910) of Division 13, the State Fire
Marshal shall enforce building standards published in the California
Building Standards Code and those other rules and regulations adopted
by the State Fire Marshal for the provision of structural fire
safety and fire-resistant exits in multiple-story structures existing
on January 1, 1975, let for human habitation, including, and limited
to, apartment houses, hotels, and motels wherein rooms used for
sleeping are let above the ground floor. The State Fire Marshal shall
adopt, amend, or repeal, and shall submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13. The rules and regulations and building
standards shall provide adequate safety to the occupants and the
general public, and shall be consistent with the requirements
contained in subdivisions (d), (e), (f), (g), (h), (i), (k), and ( l)
of Section 1215 of Part 2 of the California Building Standards Code,
1990 edition, or similar successor standards of the California
Building Standards Code.
Except as provided in Section 18930, the department, with the
written approval of the State Fire Marshal, may allow reasonable
exceptions to subdivisions (e) and (g) of Section 1215 of Part 2 of
the California Building Standards Code, 1990 edition, or similar
successor standards of the California Building Standards Code, to
permit the continued use of existing stairs and to subdivision ( l)
of Section 1215 to permit equivalent protection in lieu of occupancy
separations. However, the exceptions shall not impair occupant safety
and shall be consistent with the legislative intent of this section.
The building standards adopted by the State Fire Marshal and
submitted for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 shall not require that interior
stairs and vertical openings be enclosed in two-story buildings.
(b) Notwithstanding subdivision (a), any city, county, or city and
county may adopt building standards for structural fire safety and
fire-resistant exits in structures subject to this section. However,
those building standards shall be substantially equivalent in fire
safety to, or more stringent in fire safety than, the building
standards published in the California Building Standards Code. Each
city, county, or city and county adopting alternative standards shall
submit a detailed statement, with supporting data, to the State Fire
Marshal of the alternate standards to the state building standards
and other regulations adopted by the State Fire Marshal. The State
Fire Marshal shall make a finding as to whether the alternative local
standards are equivalent to the requirements of the California
Building Standards Code. It is the intention of the Legislature that
the building standards adopted and published in the California
Building Standards Code shall be consistent with the requirements for
new construction contained in the Uniform Building Code, 1988
edition, as adopted by the International Conference of Building
Officials or similar successor standards adopted in accordance with
Section 18928, except as otherwise required by state or federal law.
(c) This section shall not apply to any apartment house, hotel, or
motel existing on May 14, 1979, having floors, as measured from the
top of the floor surface, used for human occupancy located more than
75 feet above the lowest floor level having building access which is
subject to Chapter 3 (commencing with Section 13210) of Part 2 of
Division 12 relating to high rise buildings existing on May 14, 1979.
(d) The enforcement agency shall make inspections to the extent
necessary to identify the structures within its jurisdiction in
violation of the rules and regulations adopted pursuant to this
section, and all structures subject to this section shall be
conformed to the requirements contained in those regulations.
(e) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (b).
13143.4. The State Fire Marshal shall adopt regulations to
authorize National Fire Protection Association 704 Standard System
Diamonds, as provided in the 1985 Edition of the National Fire
Protection Association 704, Standard System for Identification of
Fire Hazards of Materials, be displayed at entrances to buildings and
other locations where hazardous materials are stored.
13143.5. (a) Notwithstanding Part 2 (commencing with Section 13100)
of Division 12, Part 1.5 (commencing with Section 17910) of Division
13, and Part 2.5 (commencing with Section 18901) of Division 13, any
city, county, or city and county may, by ordinance, make changes or
modifications that are more stringent than the requirements published
in the California Building Standards Code relating to fire and panic
safety and the other regulations adopted pursuant to this part. Any
changes or modifications that are more stringent than the
requirements published in the California Building Standards Code
relating to fire and panic safety shall be subject to subdivision (b)
of Section 18941.5.
(b) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
installation of residential fire sprinkler systems within newly
constructed dwelling units or in new additions to existing dwelling
units, including, but not limited to, manufactured homes as defined
in Section 18007.
(c) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
retrofitting of existing dwelling units for the installation of
residential fire sprinkler systems, including, but not limited to,
manufactured homes as defined in Section 18007.
(d) Nothing in this section shall apply in any manner to
litigation filed prior to January 1, 1991, regarding an ordinance or
regulation which mandates the installation of residential fire
sprinkler systems within newly constructed dwelling units or new
additions to existing dwelling units.
(e) This section shall not apply to fire and panic safety
requirements for the public schools adopted by the State Fire Marshal
pursuant to Section 13143.
(f) (1) A city, county, or city and county that adopts an
ordinance relating to fire and panic safety pursuant to this section
shall delegate the enforcement of the ordinance to either of the
following:
(A) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(B) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(2) Any fee charged pursuant to the enforcement authority of this
subdivision shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged, pursuant to
Section 66014 of the Government Code.
(g) On or before October 1, 1991, and each October 1 thereafter,
the Department of Housing and Community Development, in conjunction
with the office of the State Fire Marshal, shall transmit a report to
the State Building Standards Commission on the more stringent
requirements, adopted by a city, county, or city and county, pursuant
to this section or adopted by a fire protection district and
ratified pursuant to Section 13869.7, to the building standards
relating to fire and panic safety adopted by the State Fire Marshal
and contained in the California Building Standards Code. The report
shall be for informational purposes only and shall include a summary
by the department and the office of the reasons cited as the
necessity for the more stringent requirements. The report required
pursuant to this subdivision shall apply to any more stringent
requirements adopted or ratified on or after January 1, 1991.
(h) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (a).
13143.5. Neither the State Fire Marshal nor any local public entity
shall charge any fee for enforcing the provisions of Section 13143
or regulations adopted pursuant thereto with respect to facilities
providing nonmedical board, room, and care for six or less children
which are required to be licensed under the provisions of Chapter 2
(commencing with Section 1250) of Division 2.
13143.6. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare and adopt regulations establishing minimum standards for the
prevention of fire and for the protection of life and property
against fire in any building or structure used or intended for use as
a home or institution for the housing of any person of any age when
such person is referred to or placed within such home or institution
for protective social care and supervision services by any
governmental agency. The State Fire Marshal shall adopt and submit
building standards for approval pursuant to the provisions of Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13 for the
purposes described in this section. Occupancies within the meaning
of this subdivision shall be those not otherwise specified in
Sections 13113 and 13143 and shall include, but are not limited to,
those commonly referred to as "certified family care homes,"
"out-of-home placement facilities," and "halfway houses." Building
standards relating to fire and panic safety published in the State
Building Standards Code and other regulations adopted pursuant to
this subdivision shall establish minimum requirements relating to the
means of egress and the adequacy of exits, the installation and
maintenance of fire extinguishing and fire alarm systems, the
storage, handling, or use of combustible or flammable materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, and furnishings that may present a fire,
explosion, or panic hazard. Such minimum requirements shall be
predicated on the height, area, and fire-resistive qualities of the
building or structure used or intended to be used.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
nonambulatory persons shall have installed and maintained in proper
operating condition an automatic sprinkler system approved by the
State Fire Marshal. "Nonambulatory person," as used in this section,
means nonambulatory person as defined in Section 13131.
The ambulatory or nonambulatory status of any developmentally
disabled person within the scope of this subdivision shall be
determined by the Director of Social Services or his or her
designated representative, in consultation with the Director of
Developmental Services or his or her designated representative.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
ambulatory persons shall have installed or maintained in proper
operating condition an automatic fire alarm system approved and
listed by the State Fire Marshal which will respond to products of
combustion other than heat.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall give reasonable
consideration to the continued use of existing buildings' housing
occupancies established prior to March 4, 1972.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall also secure the advice of
the appropriate governmental agencies involved in the affected
protective social care programs in order to provide compatibility and
maintenance of operating programs in this state.
Any governmental agency that refers any person to, or causes his
or her placement in, any home or institution subject to this section
shall, within seven days after the referral or placement, request
verification of conformance to the fire safety standards adopted by
the State Fire Marshal pursuant to this section from the fire
authority having jurisdiction pursuant to Sections 13145 and 13146.
Any referral or placement in homes or institutions subject to this
section shall be subject to rescission if the fire authority having
jurisdiction subsequently informs the governmental agency that it is
unable to give the requested verification.
When a building or structure within the scope of this subdivision
is used to house either ambulatory or nonambulatory persons, or both,
and an automatic sprinkler system, approved by the State Fire
Marshal, is installed, this subdivision shall not be construed to
also require the installation of an automatic fire alarm system.
(b) Notwithstanding any other provision of law, facilities which
are subject to the provisions of subdivision (a) and which are used
for the housing of persons, none of whom are physically or mentally
handicapped or nonambulatory persons within the meaning of Section
13131, shall not be required to have installed an automatic sprinkler
system or an automatic fire alarm system. In adopting regulations,
or when adopting building standards for approval pursuant to Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13,
affecting facilities specified in this subdivision, the State Fire
Marshal shall take into consideration the ambulatory and
nonhandicapped status of persons housed in such facilities.
(c) It is the intent of the Legislature that any building or
structure within the scope of subdivision (a) in which there is
housed any totally deaf person, shall be required by the State Fire
Marshal to be equipped with fire warning devices to which such person
is able to respond.
(d) The provisions of this section, building standards adopted by
the State Fire Marshal pursuant to this section and published in the
State Building Standards Code relating to fire and panic safety, and
the other regulations adopted by the State Fire Marshal pursuant to
this section shall apply uniformly throughout the State of
California, and no county, city, city and county, or district shall
adopt or enforce any ordinance or local rule or regulation relating
to fire and panic safety in buildings or structures subject to the
provisions of this section which is inconsistent with the provisions
of this section, building standards published in the State Building
Standards Code relating to fire and panic safety, or the other
regulations adopted by the State Fire Marshal pursuant to this
section.
13143.8. In case of conflict between the State Fire Marshal and the
local enforcement agency in the interpretation or application of the
provisions, regulations, or building standards of the State Fire
Marshal by local enforcement agencies as they pertain to community
care facilities, upon request of the permittee or licensee of the
community care facility, the State Fire Marshal shall notify the
local enforcement agency in writing of the State Fire Marshal's
interpretation, and if the local enforcement agency fails to apply
the State Fire Marshal's interpretation, the State Fire Marshal shall
conduct an adjudication hearing pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code before a hearing officer of the Office of
Administrative Hearings, with the local enforcement agency as
respondent, to resolve the conflict. The interpretation or
application made by the hearing officer is binding on that local
enforcement agency and the State Fire Marshal. The adjudication
hearing shall be held within 30 days after the State Fire Marshal
notifies the local enforcement agency of the interpretation, and a
decision shall be rendered within 15 days of the hearing.
13143.9. (a) The State Fire Marshal shall, in carrying out Section
13143, prepare, adopt, and submit building standards and other fire
and life safety regulations for approval pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of the 1988 Uniform
Fire Code, and any subsequent editions, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials. The State Fire Marshal shall seek the advice of the
California Emergency Management Agency in establishing these
requirements. This section does not prohibit a city, county, or
district from adopting an ordinance, resolution, or regulation
imposing stricter or more stringent requirements than a standard
adopted pursuant to this section.
(b) A business which files the annual inventory form in compliance
with Chapter 6.95 (commencing with Section 25500) of Division 20,
including the addendum adopted pursuant to Section 25503.9, shall be
deemed to have met the requirements of subdivision (c) of Section
80.103 of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section.
(c) A business which is not required to file a hazardous materials
inventory form pursuant to Section 25509 but which is required by
the local fire chief to comply with subdivision (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section, shall, notwithstanding Chapter 6.95
(commencing with Section 25500) of Division 20, file the inventory
form adopted pursuant to Section 25503.3 and the addendum adopted
pursuant to Section 25503.9 with the local fire chief for purposes of
complying with this requirement, if determined to be necessary by
the fire chief.
13144. The State Fire Marshal shall prepare in book or bulletin
form excerpts of the laws, rules, and regulations dealing with fire
and panic safety and may make single copies of such laws, rules, and
regulations available, without cost, to California fire officials and
to owners and managers of establishments governed by such laws,
rules, and regulations.
13144.1. (a) Except as provided in Sections 18930 and 18933, the
State Fire Marshal shall biennially prepare and publish listings of
construction materials and equipment and methods of construction and
of installation of equipment, together with the name of any person,
firm, corporation, association, or similar organization designated as
the manufacturer, representative, or supplier, which are in
conformity with building standards relating to fire and panic safety
adopted and published in the State Building Standards Code and other
fire and panic safety requirements adopted by the State Fire Marshal
and published in Title 19 of the California Administrative Code. The
State Fire Marshal shall in alternate years prepare and publish
revisions to the listings.
Copies of the listings or revisions shall be distributed by the
State Fire Marshal at the costs incurred by him or her for the
printing and distribution of the listings or revisions to persons who
have submitted written requests for the approved listings or
revisions.
The purpose of this section is to provide enforcement authorities,
architects, engineers, contractors, local building officials, and
any other interested persons, with a reliable and readily available
source of information of construction materials, equipment, methods
of construction, and installation of equipment which meet the minimum
requirements established or enforced by the State Fire Marshal,
pursuant to Sections 13108 and 13143. No person, firm, corporation,
association, or similar organization shall be denied listing if the
material to be listed is approved by a testing organization using
testing procedures approved by the State Fire Marshal.
It shall not be construed that because a material, assemblies of
materials, method of construction and installation of equipment have
not been listed, as provided by this section, the material,
assemblies of materials, method of construction and installation of
equipment does not conform to the fire and panic safety requirements
as published in the State Building Standards Code or in Title 19 of
the California Administrative Code.
(b) The State Fire Marshal may evaluate, test, approve,
disapprove, and list any other fire safety product not covered in
subdivision (a).
13144.2. Any person, firm, corporation, association, or similar
organization desiring listing pursuant to Section 13144.1 shall,
prior to placement on any list or revision thereto, make an original
or annual renewal application to the State Fire Marshal on forms
provided by the State Fire Marshal. Original applications shall be
accompanied by both an application fee and a listing fee. Renewal
applications shall be accompanied by a listing fee. An application
for revision shall be accompanied by a revision fee.
Failure to submit an annual renewal application and listing fee
shall automatically cause removal of the material, equipment, method
of construction, or installation of equipment from the listings or
revision thereto.
The original application fee, the listing fee, and the revision
fee shall be established and collected by the State Fire Marshal.
Those fees shall not exceed the costs incurred by the State Fire
Marshal in conducting evaluations and tests of construction materials
and equipment and methods of construction and of installation of
equipment.
The annual application and listing fee renewal period shall begin
on January 1 and end on May 1 preceding the listing year for which
the renewal is requested. A penalty of 50 percent of the listing fee
shall be assessed in all cases where the renewal fees are not paid on
or before May 1, preceding the listing year for which renewal is
requested.
The State Fire Marshal may designate in generic terms, without
application or fee, materials or assemblies of materials classed by
the State Fire Marshal as industrywide, by regulations adopted
pursuant to Sections 13108 and 13143.
13144.3. The annual and renewal listing established by Section
13144.2 shall be for the fiscal year period from July 1 to June 30 or
for the remaining portion thereof. All moneys collected from
original and annual renewal fees pursuant to Section 13144.2 shall be
deposited in the State Fire Marshal Licensing and Certification Fund
established pursuant to Section 13137, and shall be available to the
State Fire Marshal upon appropriation by the Legislature for the
purposes specified in Section 13144.2.
13144.4. The State Fire Marshal may adopt regulations to implement,
interpret, make specific or otherwise carry out the provisions of
Sections 13144.1, 13144. 2, and 13144.3.
13144.5. The State Fire Marshal shall prepare and conduct voluntary
regular training sessions devoted to the interpretation and
application of the laws and rules and regulations in Title 19 and
Title 24 of the California Code of Regulations relating to fire and
panic safety. The training sessions shall include, but need not be
limited to, interpretation of the regulations pertaining to community
care facilities licensed pursuant to Section 1508, to residential
care facilities for the elderly licensed pursuant to Section 1569.10,
and to child day care facilities licensed pursuant to Section
1596.80, in order to coordinate a consistent interpretation and
application of the regulations among local fire enforcement agencies.
13145. The State Fire Marshal, the chief of any city, county, or
city and county fire department or district providing fire protection
services, or a Designated Campus Fire Marshal, and their authorized
representatives, shall enforce in their respective areas building
standards relating to fire and panic safety adopted by the State Fire
Marshal and published in the California Building Standards Code and
other regulations that have been formally adopted by the State Fire
Marshal for the prevention of fire or for the protection of life and
property against fire or panic.
13146. The responsibility for enforcement of building standards
adopted by the State Fire Marshal and published in the California
Building Standards Code relating to fire and panic safety and other
regulations of the State Fire Marshal shall be as follows:
(a) The city, county, or city and county with jurisdiction in the
area affected by the standard or regulation shall delegate the
enforcement of the building standards relating to fire and panic
safety and other regulations of the State Fire Marshal as they relate
to R-3 dwellings, as described in Section 1201 of Part 2 of the
California Building Standards Code, to either of the following:
(1) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(2) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(b) The chief of any city, county, or city and county fire
department or of any fire protection district, and their authorized
representatives, shall enforce within its jurisdiction the building
standards and other regulations of the State Fire Marshal, except
those described in subdivision (a) or (d).
(c) The State Fire Marshal shall have authority to enforce the
building standards and other regulations of the State Fire Marshal in
areas outside of corporate cities and districts providing fire
protection services.
(d) The State Fire Marshal shall have authority to enforce the
building standards and other regulations of the State Fire Marshal in
corporate cities and districts providing fire protection services
upon request of the chief fire official or the governing body.
(e) The State Fire Marshal shall enforce the building standards
and other regulations of the State Fire Marshal on all University of
California campuses and properties administered or occupied by the
University of California. For each university campus or property the
State Fire Marshal may delegate that responsibility to the person of
his or her choice who shall be known as the Designated Campus Fire
Marshal.
(f) Any fee charged pursuant to the enforcement authority of this
section shall not exceed the estimated reasonable cost of providing
the service for which the fee is charged, pursuant to Section 66014
of the Government Code.
13146.1. (a) Notwithstanding the provisions of Section 13146, the
State Fire Marshal, or the State Fire Marshal's authorized
representative, shall inspect every jail or place of detention for
persons charged with or convicted of a crime, unless the chief of any
city or county fire department or fire protection district, or that
chief's authorized representative, indicates in writing to the State
Fire Marshal that inspections of jails or places of detention,
therein, shall be conducted by the chief, or the chief's authorized
representative and submits the reports as required in subdivision
(c).
(b) The inspections shall be made at least once every two years
for the purpose of enforcing the regulations adopted by the State
Fire Marshal, pursuant to Section 13143, and the minimum standards
pertaining to fire and life safety adopted by the Board of
Corrections, pursuant to Section 6030 of the Penal Code.
(c) Reports of the inspections shall be submitted to the official
in charge of the facility, the local governing body, the State Fire
Marshal, and the Board of Corrections within 30 days of the
inspections.
(d) The State Fire Marshal, or his or her authorized
representative, who performs an inspection pursuant to subdivision
(a) may charge and collect a fee for the inspection from the local
government. Any fee collected pursuant to this subdivision shall be
in an amount, as determined by the State Fire Marshal, sufficient to
pay the costs of that inspection or those related fire and life
safety activities.
13146.2. (a) Every city or county fire department or district
providing fire protection services required by Sections 13145 and
13146 to enforce building standards adopted by the State Fire Marshal
and other regulations of the State Fire Marshal shall, annually,
inspect all structures subject to subdivision (b) of Section 17921,
except dwellings, for compliance with building standards and other
regulations of the State Fire Marshal.
(b) A city, county, or district that inspects a structure pursuant
to subdivision (a) may charge and collect a fee for the inspection
from the owner of the structure in an amount, as determined by the
city, county, or district, sufficient to pay the costs of that
inspection. A city, county, or district that provides related fire
and life safety activities may charge and collect a fee for the
inspection from the owner of the structure in an amount, as
determined by the city, county, or district, sufficient to pay the
costs of that inspection.
(c) The State Fire Marshal, or his or her authorized
representative, who inspects a structure subject to subdivision (b)
of Section 17921, except dwellings, for compliance with building
standards and other regulations of the State Fire Marshal, may charge
and collect a fee for the inspection from the owner of the
structure. The State Fire Marshal may also charge and collect a fee
from the owner of the structure for related fire and life safety
activities, such as plan review, construction consulting, fire watch,
and investigation. Any fee collected pursuant to this subdivision
shall be in an amount, as determined by the State Fire Marshal,
sufficient to pay the costs of that inspection or those related fire
and life safety activities.
13146.3. The chief of any city or county fire department or
district providing fire protection services and his or her authorized
representatives shall inspect every building used as a public or
private school within his or her jurisdiction, for the purpose of
enforcing regulations promulgated pursuant to Section 13143, not less
than once each year. The State Fire Marshal and his or her
authorized representatives shall make these inspections not less than
once each year in areas outside of corporate cities and districts
providing fire protection services.
13146.5. The provisions of Sections 13145, 13146 and 13146.3 shall,
so far as practicable, be carried out at the local level by persons
who are regular full-time members of a regularly organized fire
department of a city, county, or district providing fire protection
services, and shall not be carried out by other persons pursuant to
Section 34004 of the Government Code.
13147. The regulations adopted pursuant to subdivision (a) of
Section 13143 shall require that the new construction of any school
building for which review and approval is required under subdivision
(a) of Section 39140 of the Education Code include the placement of
fire hydrants and water piping as necessary to supply the water
capacity required for the fire protection of the building.
13140. There is hereby created in the Office of the State Fire
Marshal a State Board of Fire Services which shall consist of 18
members. The State Board of Fire Services succeeds to all of the
powers, duties, and responsibilities of the State Fire Advisory
Board, which is hereby abolished. Whenever the term "State Fire
Advisory Board" appears in any other law, it means the State Board of
Fire Services.
13140.5. The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State Fire
Marshal, the Secretary of Emergency Management, the Chairperson of
the California Fire Fighter Joint Apprenticeship Program, one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government.
The following members shall be appointed by the Governor: one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government. Each member
appointed shall be a resident of this state. The volunteer
firefighter shall be selected from a list of names submitted by the
California State Firefighters Association. One fire chief shall be
selected from a list of names submitted by the California Fire Chiefs'
Association; one fire chief shall be selected from a list of names
submitted by the Fire Districts Association of California; and one
fire chief shall be selected from a list of names submitted by the
California Metropolitan Fire Chiefs. One fire service labor
representative shall be selected from a list of names submitted by
the California Labor Federation; one fire service labor
representative shall be selected from a list of names submitted by
the California Professional Firefighters; one fire service labor
representative shall be selected from a list of names submitted by
the International Association of Fire Fighters; one fire service
labor representative shall be selected from a list of names submitted
by the California Department of Forestry Firefighters; and one fire
service labor representative shall be selected from a list of names
submitted by the California State Firefighters Association. The city
government representative shall be selected from elected or appointed
city chief administrative officers or elected city mayors or council
members. The fire district representative shall be selected from
elected or appointed directors of fire districts. The county
government representative shall be selected from elected or appointed
county chief administrative officers or elected county supervisors.
The appointed members shall be appointed for a term of four years.
Any member chosen by the Governor to fill a vacancy created other
than by expiration of a term shall be appointed for the unexpired
term of the member he or she is to succeed.
13140.6. A quorum of the board shall consist of not less than nine
members of the board. Proxy representation shall not be permitted.
13140.7. The State Fire Marshal shall act as chairman of the board
and provide necessary staff services. A vice chairman shall be
selected by majority vote of the members.
13141. The board shall meet at the call of the State Fire Marshal,
or at the request of any two members, but not less than annually, and
shall receive no salary. Board members shall be paid actual and
necessary expenses related to activities of the board. Meetings of
the board shall be announced in writing to all members at least 15
days in advance of the meeting date.
13142. The board, shall from time to time make full and complete
studies, recommendations, and reports to the Governor and the
Legislature for the purpose of recommending establishment of minimum
standards with respect to all of the following:
(a) Physical requirements, education and training of fire
protection personnel appointed to positions in regularly organized
fire service agencies in this state, who are to be engaged in fire
protection, including, but not limited to, fire suppression, fire
prevention, arson investigation, and other allied fields.
(b) Fire apparatus, equipment, hose, tools, and related items.
(c) Basic minimum courses of training and education for fire
protection personnel.
13142.6. (a) The board, under the direction of the vice
chairperson, shall sit as a board of appeals on the application of
the State Fire Marshal's regulations excepting application of
building standards published in the California Building Standards
Code, by the State Fire Marshal or his or her salaried assistants.
When any affected person believes that the State Fire Marshal's
regulations, excepting building standards, are being applied
incorrectly, the person may appeal the decision of the State Fire
Marshal to the board. The board shall not consider the appeal unless
the matter has come to the attention of the State Fire Marshal and he
or she has rendered a decision in writing. Any appeal to the board
shall be made by the affected person or his or her agent in writing
in the form and manner prescribed by the board. The decision of the
board shall be binding upon the State Fire Marshal. Any decision made
by the board shall be for the instant case only and shall not be
construed as setting precedent for general application.
(b) When an affected person believes that building standards are
being applied incorrectly by the State Fire Marshal or his or her
salaried assistants, that person may appeal to the California
Building Standards Commission pursuant to Chapter 5 (commencing with
Section 18945) of Part 2.5 of Division 13 of this code.
13142.8. When the board sits as a board of appeals:
(a) The State Fire Marshal shall not sit as a member of the board.
(b) A member of the board shall not sit as a member or participant
in the decision of any particular appeal if that member has a
financial or other interest which would influence his or her decision
on the particular appeal.
13143. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 and shall prepare and adopt other regulations establishing minimum
requirements for the prevention of fire, and for the protection of
life and property against fire and panic, in any building or
structure used or intended for use as an asylum, jail, mental
hospital, hospital, home for the elderly, children's nursery,
children's home or institution not otherwise excluded from the
coverage of this subdivision, school, or any similar occupancy of any
capacity, and in any assembly occupancy where 50 or more persons may
gather together in a building, room, or structure for the purpose of
amusement, entertainment, instruction, deliberation, worship,
drinking or dining, awaiting transportation, or education, and for
any laboratory or research and development facility that stores,
handles, or uses regulated hazardous materials. The State Fire
Marshal shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 for the purposes described in this section. Regulations
adopted pursuant to this subdivision and building standards relating
to fire and panic safety published in the California Building
Standards Code shall establish minimum requirements relating to the
means of egress and the adequacy of exits from, the installation and
maintenance of fire extinguishing and fire alarm systems in, the
storage and handling of combustible or explosive materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, security bars, grills, grates, and
furnishings that present a fire, explosion, or panic hazard, and the
minimum requirements shall be predicated on the height and
fire-resistive qualities of the building or structure and the type of
occupancy for which it is to be used. The building standards and
other regulations shall apply to auxiliary or accessory buildings
used or intended for use with any of the occupancies mentioned in
this subdivision. Violation of any building standard or other
regulation shall be a violation of this chapter.
In preparing and adopting building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13, and in preparing and adopting other regulations affecting public
schools, the State Fire Marshal shall also secure the advice of the
State Department of Education. No regulation adopted by the State
Fire Marshal shall conflict with any rule, regulation, or building
standard lawfully adopted or enforced by the Department of General
Services pursuant to Article 3 (commencing with Section 39140) of
Chapter 2 of Part 23 or Article 7 (commencing with Section 81130) of
Chapter 1 of Part 49 of the Education Code.
In addition to any other requirements for location of exit signs
or devices in any building or structure used or intended for use as
an asylum, jail, mental hospital, hospital, home for the elderly,
children's nursery, children's home or institution not otherwise
excluded from the coverage of this subdivision, school, or any
similar occupancy of any capacity, and in any assembly occupancy
where 50 or more persons may gather together in a building, room, or
structure for the purpose of amusement, entertainment, instruction,
deliberation, worship, drinking or dining, awaiting transportation,
or education, the State Fire Marshal shall adopt building standards
pursuant to this section establishing minimum requirements for the
placement of distinctive devices, signs, or other means that identify
exits and can be felt or seen near the floor. Exit sign technologies
permitted by the model building code upon which the California
Building Standards Code is based, shall be permitted. These building
standards shall be adopted before July 1, 1998, and shall apply to
all newly constructed buildings or structures subject to this
subdivision for which a building permit is issued, or construction
commenced, if no building permit is issued, on or after January 1,
1989.
(b) Notwithstanding subdivision (a) and Section 13143.6,
facilities licensed pursuant to Chapter 3 (commencing with Section
1500) of Division 2 which provide nonmedical board, room, and care
for six or fewer ambulatory children placed with the licensee for
care or foster family homes and family day care homes for children,
licensed pursuant to Chapter 3.6 (commencing with Section 1597.50) of
Division 2, with a capacity of six or fewer and providing care and
supervision for ambulatory children or children two years of age or
younger, or both, shall not be subject to Article 1 (commencing with
Section 13100) or Article 2 (commencing with Section 13140) of this
chapter or regulations adopted pursuant thereto. No city, county, or
public district shall adopt or enforce any requirement for the
prevention of fire, or for the protection of life and property
against fire and panic, with respect to structures used as facilities
specified in this subdivision, unless the requirement would be
applicable to a structure regardless of the special occupancy.
Nothing in this subdivision shall restrict the application of state
or local housing standards to those facilities, if the standards are
applicable to residential occupancies and are not based upon the use
of the structure as a facility specified in this subdivision.
"Ambulatory children," as used in this subdivision, does not
include nonambulatory persons, as defined in Section 13131, and
relatives of the licensee or the licensee's spouse.
(c) The State Fire Marshal shall adopt building standards
establishing regulations providing that all school classrooms
constructed after January 1, 1990, not equipped with automatic
sprinkler systems, which have metal grills or bars on all their
windows and do not have at least two exit doors within three feet of
each end of the classroom opening to the exterior of the building or
to a common hallway used for evacuation purposes, shall have an
inside release for the grills or bars on at least one window farthest
from the exit doors. The window or windows with the inside release
shall be clearly marked as an emergency exit, in accordance with
regulations adopted by the State Fire Marshal.
13143.1. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 establishing minimum requirements for the prevention of fire and
for the protection of life and property against fire and panic in any
motion picture or television production facility.
(b) In accordance with Section 13143.5, this subdivision shall not
limit the authority of a city, county, city and county, or special
district to set, pursuant to this division, stricter standards than
those adopted pursuant to this section.
13143.2. (a) Except as provided in Section 18930, the State Fire
Marshal shall adopt, amend, and repeal fire safety rules and
regulations, and, except as otherwise provided in this part and Part
1.5 (commencing with Section 17910) of Division 13, the State Fire
Marshal shall enforce building standards published in the California
Building Standards Code and those other rules and regulations adopted
by the State Fire Marshal for the provision of structural fire
safety and fire-resistant exits in multiple-story structures existing
on January 1, 1975, let for human habitation, including, and limited
to, apartment houses, hotels, and motels wherein rooms used for
sleeping are let above the ground floor. The State Fire Marshal shall
adopt, amend, or repeal, and shall submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13. The rules and regulations and building
standards shall provide adequate safety to the occupants and the
general public, and shall be consistent with the requirements
contained in subdivisions (d), (e), (f), (g), (h), (i), (k), and ( l)
of Section 1215 of Part 2 of the California Building Standards Code,
1990 edition, or similar successor standards of the California
Building Standards Code.
Except as provided in Section 18930, the department, with the
written approval of the State Fire Marshal, may allow reasonable
exceptions to subdivisions (e) and (g) of Section 1215 of Part 2 of
the California Building Standards Code, 1990 edition, or similar
successor standards of the California Building Standards Code, to
permit the continued use of existing stairs and to subdivision ( l)
of Section 1215 to permit equivalent protection in lieu of occupancy
separations. However, the exceptions shall not impair occupant safety
and shall be consistent with the legislative intent of this section.
The building standards adopted by the State Fire Marshal and
submitted for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 shall not require that interior
stairs and vertical openings be enclosed in two-story buildings.
(b) Notwithstanding subdivision (a), any city, county, or city and
county may adopt building standards for structural fire safety and
fire-resistant exits in structures subject to this section. However,
those building standards shall be substantially equivalent in fire
safety to, or more stringent in fire safety than, the building
standards published in the California Building Standards Code. Each
city, county, or city and county adopting alternative standards shall
submit a detailed statement, with supporting data, to the State Fire
Marshal of the alternate standards to the state building standards
and other regulations adopted by the State Fire Marshal. The State
Fire Marshal shall make a finding as to whether the alternative local
standards are equivalent to the requirements of the California
Building Standards Code. It is the intention of the Legislature that
the building standards adopted and published in the California
Building Standards Code shall be consistent with the requirements for
new construction contained in the Uniform Building Code, 1988
edition, as adopted by the International Conference of Building
Officials or similar successor standards adopted in accordance with
Section 18928, except as otherwise required by state or federal law.
(c) This section shall not apply to any apartment house, hotel, or
motel existing on May 14, 1979, having floors, as measured from the
top of the floor surface, used for human occupancy located more than
75 feet above the lowest floor level having building access which is
subject to Chapter 3 (commencing with Section 13210) of Part 2 of
Division 12 relating to high rise buildings existing on May 14, 1979.
(d) The enforcement agency shall make inspections to the extent
necessary to identify the structures within its jurisdiction in
violation of the rules and regulations adopted pursuant to this
section, and all structures subject to this section shall be
conformed to the requirements contained in those regulations.
(e) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (b).
13143.4. The State Fire Marshal shall adopt regulations to
authorize National Fire Protection Association 704 Standard System
Diamonds, as provided in the 1985 Edition of the National Fire
Protection Association 704, Standard System for Identification of
Fire Hazards of Materials, be displayed at entrances to buildings and
other locations where hazardous materials are stored.
13143.5. (a) Notwithstanding Part 2 (commencing with Section 13100)
of Division 12, Part 1.5 (commencing with Section 17910) of Division
13, and Part 2.5 (commencing with Section 18901) of Division 13, any
city, county, or city and county may, by ordinance, make changes or
modifications that are more stringent than the requirements published
in the California Building Standards Code relating to fire and panic
safety and the other regulations adopted pursuant to this part. Any
changes or modifications that are more stringent than the
requirements published in the California Building Standards Code
relating to fire and panic safety shall be subject to subdivision (b)
of Section 18941.5.
(b) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
installation of residential fire sprinkler systems within newly
constructed dwelling units or in new additions to existing dwelling
units, including, but not limited to, manufactured homes as defined
in Section 18007.
(c) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
retrofitting of existing dwelling units for the installation of
residential fire sprinkler systems, including, but not limited to,
manufactured homes as defined in Section 18007.
(d) Nothing in this section shall apply in any manner to
litigation filed prior to January 1, 1991, regarding an ordinance or
regulation which mandates the installation of residential fire
sprinkler systems within newly constructed dwelling units or new
additions to existing dwelling units.
(e) This section shall not apply to fire and panic safety
requirements for the public schools adopted by the State Fire Marshal
pursuant to Section 13143.
(f) (1) A city, county, or city and county that adopts an
ordinance relating to fire and panic safety pursuant to this section
shall delegate the enforcement of the ordinance to either of the
following:
(A) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(B) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(2) Any fee charged pursuant to the enforcement authority of this
subdivision shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged, pursuant to
Section 66014 of the Government Code.
(g) On or before October 1, 1991, and each October 1 thereafter,
the Department of Housing and Community Development, in conjunction
with the office of the State Fire Marshal, shall transmit a report to
the State Building Standards Commission on the more stringent
requirements, adopted by a city, county, or city and county, pursuant
to this section or adopted by a fire protection district and
ratified pursuant to Section 13869.7, to the building standards
relating to fire and panic safety adopted by the State Fire Marshal
and contained in the California Building Standards Code. The report
shall be for informational purposes only and shall include a summary
by the department and the office of the reasons cited as the
necessity for the more stringent requirements. The report required
pursuant to this subdivision shall apply to any more stringent
requirements adopted or ratified on or after January 1, 1991.
(h) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (a).
13143.5. Neither the State Fire Marshal nor any local public entity
shall charge any fee for enforcing the provisions of Section 13143
or regulations adopted pursuant thereto with respect to facilities
providing nonmedical board, room, and care for six or less children
which are required to be licensed under the provisions of Chapter 2
(commencing with Section 1250) of Division 2.
13143.6. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare and adopt regulations establishing minimum standards for the
prevention of fire and for the protection of life and property
against fire in any building or structure used or intended for use as
a home or institution for the housing of any person of any age when
such person is referred to or placed within such home or institution
for protective social care and supervision services by any
governmental agency. The State Fire Marshal shall adopt and submit
building standards for approval pursuant to the provisions of Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13 for the
purposes described in this section. Occupancies within the meaning
of this subdivision shall be those not otherwise specified in
Sections 13113 and 13143 and shall include, but are not limited to,
those commonly referred to as "certified family care homes,"
"out-of-home placement facilities," and "halfway houses." Building
standards relating to fire and panic safety published in the State
Building Standards Code and other regulations adopted pursuant to
this subdivision shall establish minimum requirements relating to the
means of egress and the adequacy of exits, the installation and
maintenance of fire extinguishing and fire alarm systems, the
storage, handling, or use of combustible or flammable materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, and furnishings that may present a fire,
explosion, or panic hazard. Such minimum requirements shall be
predicated on the height, area, and fire-resistive qualities of the
building or structure used or intended to be used.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
nonambulatory persons shall have installed and maintained in proper
operating condition an automatic sprinkler system approved by the
State Fire Marshal. "Nonambulatory person," as used in this section,
means nonambulatory person as defined in Section 13131.
The ambulatory or nonambulatory status of any developmentally
disabled person within the scope of this subdivision shall be
determined by the Director of Social Services or his or her
designated representative, in consultation with the Director of
Developmental Services or his or her designated representative.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
ambulatory persons shall have installed or maintained in proper
operating condition an automatic fire alarm system approved and
listed by the State Fire Marshal which will respond to products of
combustion other than heat.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall give reasonable
consideration to the continued use of existing buildings' housing
occupancies established prior to March 4, 1972.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall also secure the advice of
the appropriate governmental agencies involved in the affected
protective social care programs in order to provide compatibility and
maintenance of operating programs in this state.
Any governmental agency that refers any person to, or causes his
or her placement in, any home or institution subject to this section
shall, within seven days after the referral or placement, request
verification of conformance to the fire safety standards adopted by
the State Fire Marshal pursuant to this section from the fire
authority having jurisdiction pursuant to Sections 13145 and 13146.
Any referral or placement in homes or institutions subject to this
section shall be subject to rescission if the fire authority having
jurisdiction subsequently informs the governmental agency that it is
unable to give the requested verification.
When a building or structure within the scope of this subdivision
is used to house either ambulatory or nonambulatory persons, or both,
and an automatic sprinkler system, approved by the State Fire
Marshal, is installed, this subdivision shall not be construed to
also require the installation of an automatic fire alarm system.
(b) Notwithstanding any other provision of law, facilities which
are subject to the provisions of subdivision (a) and which are used
for the housing of persons, none of whom are physically or mentally
handicapped or nonambulatory persons within the meaning of Section
13131, shall not be required to have installed an automatic sprinkler
system or an automatic fire alarm system. In adopting regulations,
or when adopting building standards for approval pursuant to Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13,
affecting facilities specified in this subdivision, the State Fire
Marshal shall take into consideration the ambulatory and
nonhandicapped status of persons housed in such facilities.
(c) It is the intent of the Legislature that any building or
structure within the scope of subdivision (a) in which there is
housed any totally deaf person, shall be required by the State Fire
Marshal to be equipped with fire warning devices to which such person
is able to respond.
(d) The provisions of this section, building standards adopted by
the State Fire Marshal pursuant to this section and published in the
State Building Standards Code relating to fire and panic safety, and
the other regulations adopted by the State Fire Marshal pursuant to
this section shall apply uniformly throughout the State of
California, and no county, city, city and county, or district shall
adopt or enforce any ordinance or local rule or regulation relating
to fire and panic safety in buildings or structures subject to the
provisions of this section which is inconsistent with the provisions
of this section, building standards published in the State Building
Standards Code relating to fire and panic safety, or the other
regulations adopted by the State Fire Marshal pursuant to this
section.
13143.8. In case of conflict between the State Fire Marshal and the
local enforcement agency in the interpretation or application of the
provisions, regulations, or building standards of the State Fire
Marshal by local enforcement agencies as they pertain to community
care facilities, upon request of the permittee or licensee of the
community care facility, the State Fire Marshal shall notify the
local enforcement agency in writing of the State Fire Marshal's
interpretation, and if the local enforcement agency fails to apply
the State Fire Marshal's interpretation, the State Fire Marshal shall
conduct an adjudication hearing pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code before a hearing officer of the Office of
Administrative Hearings, with the local enforcement agency as
respondent, to resolve the conflict. The interpretation or
application made by the hearing officer is binding on that local
enforcement agency and the State Fire Marshal. The adjudication
hearing shall be held within 30 days after the State Fire Marshal
notifies the local enforcement agency of the interpretation, and a
decision shall be rendered within 15 days of the hearing.
13143.9. (a) The State Fire Marshal shall, in carrying out Section
13143, prepare, adopt, and submit building standards and other fire
and life safety regulations for approval pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of the 1988 Uniform
Fire Code, and any subsequent editions, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials. The State Fire Marshal shall seek the advice of the
California Emergency Management Agency in establishing these
requirements. This section does not prohibit a city, county, or
district from adopting an ordinance, resolution, or regulation
imposing stricter or more stringent requirements than a standard
adopted pursuant to this section.
(b) A business which files the annual inventory form in compliance
with Chapter 6.95 (commencing with Section 25500) of Division 20,
including the addendum adopted pursuant to Section 25503.9, shall be
deemed to have met the requirements of subdivision (c) of Section
80.103 of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section.
(c) A business which is not required to file a hazardous materials
inventory form pursuant to Section 25509 but which is required by
the local fire chief to comply with subdivision (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section, shall, notwithstanding Chapter 6.95
(commencing with Section 25500) of Division 20, file the inventory
form adopted pursuant to Section 25503.3 and the addendum adopted
pursuant to Section 25503.9 with the local fire chief for purposes of
complying with this requirement, if determined to be necessary by
the fire chief.
13144. The State Fire Marshal shall prepare in book or bulletin
form excerpts of the laws, rules, and regulations dealing with fire
and panic safety and may make single copies of such laws, rules, and
regulations available, without cost, to California fire officials and
to owners and managers of establishments governed by such laws,
rules, and regulations.
13144.1. (a) Except as provided in Sections 18930 and 18933, the
State Fire Marshal shall biennially prepare and publish listings of
construction materials and equipment and methods of construction and
of installation of equipment, together with the name of any person,
firm, corporation, association, or similar organization designated as
the manufacturer, representative, or supplier, which are in
conformity with building standards relating to fire and panic safety
adopted and published in the State Building Standards Code and other
fire and panic safety requirements adopted by the State Fire Marshal
and published in Title 19 of the California Administrative Code. The
State Fire Marshal shall in alternate years prepare and publish
revisions to the listings.
Copies of the listings or revisions shall be distributed by the
State Fire Marshal at the costs incurred by him or her for the
printing and distribution of the listings or revisions to persons who
have submitted written requests for the approved listings or
revisions.
The purpose of this section is to provide enforcement authorities,
architects, engineers, contractors, local building officials, and
any other interested persons, with a reliable and readily available
source of information of construction materials, equipment, methods
of construction, and installation of equipment which meet the minimum
requirements established or enforced by the State Fire Marshal,
pursuant to Sections 13108 and 13143. No person, firm, corporation,
association, or similar organization shall be denied listing if the
material to be listed is approved by a testing organization using
testing procedures approved by the State Fire Marshal.
It shall not be construed that because a material, assemblies of
materials, method of construction and installation of equipment have
not been listed, as provided by this section, the material,
assemblies of materials, method of construction and installation of
equipment does not conform to the fire and panic safety requirements
as published in the State Building Standards Code or in Title 19 of
the California Administrative Code.
(b) The State Fire Marshal may evaluate, test, approve,
disapprove, and list any other fire safety product not covered in
subdivision (a).
13144.2. Any person, firm, corporation, association, or similar
organization desiring listing pursuant to Section 13144.1 shall,
prior to placement on any list or revision thereto, make an original
or annual renewal application to the State Fire Marshal on forms
provided by the State Fire Marshal. Original applications shall be
accompanied by both an application fee and a listing fee. Renewal
applications shall be accompanied by a listing fee. An application
for revision shall be accompanied by a revision fee.
Failure to submit an annual renewal application and listing fee
shall automatically cause removal of the material, equipment, method
of construction, or installation of equipment from the listings or
revision thereto.
The original application fee, the listing fee, and the revision
fee shall be established and collected by the State Fire Marshal.
Those fees shall not exceed the costs incurred by the State Fire
Marshal in conducting evaluations and tests of construction materials
and equipment and methods of construction and of installation of
equipment.
The annual application and listing fee renewal period shall begin
on January 1 and end on May 1 preceding the listing year for which
the renewal is requested. A penalty of 50 percent of the listing fee
shall be assessed in all cases where the renewal fees are not paid on
or before May 1, preceding the listing year for which renewal is
requested.
The State Fire Marshal may designate in generic terms, without
application or fee, materials or assemblies of materials classed by
the State Fire Marshal as industrywide, by regulations adopted
pursuant to Sections 13108 and 13143.
13144.3. The annual and renewal listing established by Section
13144.2 shall be for the fiscal year period from July 1 to June 30 or
for the remaining portion thereof. All moneys collected from
original and annual renewal fees pursuant to Section 13144.2 shall be
deposited in the State Fire Marshal Licensing and Certification Fund
established pursuant to Section 13137, and shall be available to the
State Fire Marshal upon appropriation by the Legislature for the
purposes specified in Section 13144.2.
13144.4. The State Fire Marshal may adopt regulations to implement,
interpret, make specific or otherwise carry out the provisions of
Sections 13144.1, 13144. 2, and 13144.3.
13144.5. The State Fire Marshal shall prepare and conduct voluntary
regular training sessions devoted to the interpretation and
application of the laws and rules and regulations in Title 19 and
Title 24 of the California Code of Regulations relating to fire and
panic safety. The training sessions shall include, but need not be
limited to, interpretation of the regulations pertaining to community
care facilities licensed pursuant to Section 1508, to residential
care facilities for the elderly licensed pursuant to Section 1569.10,
and to child day care facilities licensed pursuant to Section
1596.80, in order to coordinate a consistent interpretation and
application of the regulations among local fire enforcement agencies.
13145. The State Fire Marshal, the chief of any city, county, or
city and county fire department or district providing fire protection
services, or a Designated Campus Fire Marshal, and their authorized
representatives, shall enforce in their respective areas building
standards relating to fire and panic safety adopted by the State Fire
Marshal and published in the California Building Standards Code and
other regulations that have been formally adopted by the State Fire
Marshal for the prevention of fire or for the protection of life and
property against fire or panic.
13146. The responsibility for enforcement of building standards
adopted by the State Fire Marshal and published in the California
Building Standards Code relating to fire and panic safety and other
regulations of the State Fire Marshal shall be as follows:
(a) The city, county, or city and county with jurisdiction in the
area affected by the standard or regulation shall delegate the
enforcement of the building standards relating to fire and panic
safety and other regulations of the State Fire Marshal as they relate
to R-3 dwellings, as described in Section 1201 of Part 2 of the
California Building Standards Code, to either of the following:
(1) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(2) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(b) The chief of any city, county, or city and county fire
department or of any fire protection district, and their authorized
representatives, shall enforce within its jurisdiction the building
standards and other regulations of the State Fire Marshal, except
those described in subdivision (a) or (d).
(c) The State Fire Marshal shall have authority to enforce the
building standards and other regulations of the State Fire Marshal in
areas outside of corporate cities and districts providing fire
protection services.
(d) The State Fire Marshal shall have authority to enforce the
building standards and other regulations of the State Fire Marshal in
corporate cities and districts providing fire protection services
upon request of the chief fire official or the governing body.
(e) The State Fire Marshal shall enforce the building standards
and other regulations of the State Fire Marshal on all University of
California campuses and properties administered or occupied by the
University of California. For each university campus or property the
State Fire Marshal may delegate that responsibility to the person of
his or her choice who shall be known as the Designated Campus Fire
Marshal.
(f) Any fee charged pursuant to the enforcement authority of this
section shall not exceed the estimated reasonable cost of providing
the service for which the fee is charged, pursuant to Section 66014
of the Government Code.
13146.1. (a) Notwithstanding the provisions of Section 13146, the
State Fire Marshal, or the State Fire Marshal's authorized
representative, shall inspect every jail or place of detention for
persons charged with or convicted of a crime, unless the chief of any
city or county fire department or fire protection district, or that
chief's authorized representative, indicates in writing to the State
Fire Marshal that inspections of jails or places of detention,
therein, shall be conducted by the chief, or the chief's authorized
representative and submits the reports as required in subdivision
(c).
(b) The inspections shall be made at least once every two years
for the purpose of enforcing the regulations adopted by the State
Fire Marshal, pursuant to Section 13143, and the minimum standards
pertaining to fire and life safety adopted by the Board of
Corrections, pursuant to Section 6030 of the Penal Code.
(c) Reports of the inspections shall be submitted to the official
in charge of the facility, the local governing body, the State Fire
Marshal, and the Board of Corrections within 30 days of the
inspections.
(d) The State Fire Marshal, or his or her authorized
representative, who performs an inspection pursuant to subdivision
(a) may charge and collect a fee for the inspection from the local
government. Any fee collected pursuant to this subdivision shall be
in an amount, as determined by the State Fire Marshal, sufficient to
pay the costs of that inspection or those related fire and life
safety activities.
13146.2. (a) Every city or county fire department or district
providing fire protection services required by Sections 13145 and
13146 to enforce building standards adopted by the State Fire Marshal
and other regulations of the State Fire Marshal shall, annually,
inspect all structures subject to subdivision (b) of Section 17921,
except dwellings, for compliance with building standards and other
regulations of the State Fire Marshal.
(b) A city, county, or district that inspects a structure pursuant
to subdivision (a) may charge and collect a fee for the inspection
from the owner of the structure in an amount, as determined by the
city, county, or district, sufficient to pay the costs of that
inspection. A city, county, or district that provides related fire
and life safety activities may charge and collect a fee for the
inspection from the owner of the structure in an amount, as
determined by the city, county, or district, sufficient to pay the
costs of that inspection.
(c) The State Fire Marshal, or his or her authorized
representative, who inspects a structure subject to subdivision (b)
of Section 17921, except dwellings, for compliance with building
standards and other regulations of the State Fire Marshal, may charge
and collect a fee for the inspection from the owner of the
structure. The State Fire Marshal may also charge and collect a fee
from the owner of the structure for related fire and life safety
activities, such as plan review, construction consulting, fire watch,
and investigation. Any fee collected pursuant to this subdivision
shall be in an amount, as determined by the State Fire Marshal,
sufficient to pay the costs of that inspection or those related fire
and life safety activities.
13146.3. The chief of any city or county fire department or
district providing fire protection services and his or her authorized
representatives shall inspect every building used as a public or
private school within his or her jurisdiction, for the purpose of
enforcing regulations promulgated pursuant to Section 13143, not less
than once each year. The State Fire Marshal and his or her
authorized representatives shall make these inspections not less than
once each year in areas outside of corporate cities and districts
providing fire protection services.
13146.5. The provisions of Sections 13145, 13146 and 13146.3 shall,
so far as practicable, be carried out at the local level by persons
who are regular full-time members of a regularly organized fire
department of a city, county, or district providing fire protection
services, and shall not be carried out by other persons pursuant to
Section 34004 of the Government Code.
13147. The regulations adopted pursuant to subdivision (a) of
Section 13143 shall require that the new construction of any school
building for which review and approval is required under subdivision
(a) of Section 39140 of the Education Code include the placement of
fire hydrants and water piping as necessary to supply the water
capacity required for the fire protection of the building.
