BILL NUMBER: AB 2021	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 17, 2010

   An act to amend Sections 13108, 13145, and 13146 of the Health and
Safety Code, relating to fire protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2021, as introduced, Fletcher. Fire protection: Designated
Campus Fire Marshal.
   Existing law requires the State Fire Marshall, the chief fire
official of any city, county, or fire protection district and their
authorized representatives to enforce regulations and building
standards relating to fire and panic safety published in the
California Building Standards Code in all state-owned buildings,
state-occupied buildings, and state institutions throughout the
state, as specified. Under existing law, the California Building
Standards Code is in Title 24 of the California Code of Regulations.
   The bill would authorize the State Fire Marshal to 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. The bill would authorize
the State Fire Marshal to delegate that authority to the person of
his or her choice for each university campus or property who would be
known as the Designated Campus Fire Marshal. This bill would require
any Designated Campus Fire Marshal to enforce those regulations and
building standards relating to fire and panic safety, as specified.
This bill would also replace those references, and related
references, to the California Building Standards Code with references
to Title 24 of the California Code of Regulations.
   Existing law authorizes the State Fire Marshal to authorize the
chief fire official of any city, county, or fire protection district
and his or her authorized representatives, in their geographical area
of responsibility, to make fire prevention inspections of
state-owned or state-occupied buildings, as specified, upon written
request of that chief fire official.
   This bill would extend the authority to make those written
requests and perform those inspections to a Designated Campus Fire
Marshal.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13108 of the Health and Safety Code is amended
to read:
   13108.  (a) Except as limited by Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code and Section 18930 of
this code, the State Fire Marshal shall prepare and adopt building
standards, not inconsistent with existing laws or ordinances,
relating to fire protection in the design and construction of the
means of egress and the adequacy of exits from, and the installation
and maintenance of fire alarm and fire extinguishment equipment or
systems in, any state institution or other state-owned building or in
any state-occupied building and submit those building standards to
the State Building Standards Commission for approval pursuant to the
provisions of Chapter 4 (commencing with Section 18935) of Part 2.5
of Division 13 of this code. The State Fire Marshal shall prepare and
adopt regulations other than building standards for the installation
and maintenance of equipment and furnishings that present unusual
fire hazards in any state institution or other state-owned building
or in any state-occupied building. The State Fire Marshal shall adopt
those regulations as are reasonably necessary to define what
buildings shall be considered as state-occupied buildings.
   (b) The fire chief of any city, county, or fire protection
district, or that official's authorized representative, may enter any
state institution or any other state-owned or state-occupied
building for the purpose of preparing a fire suppression preplanning
program or for the purpose of investigating any fire in a
state-occupied building.
   (c) Except as otherwise provided in this section, the State Fire
Marshal shall enforce the regulations adopted by him or her and
building standards relating to fire and panic safety published in
 the California Building Standards Code   Title
24 of the California Code of Regulations  in all state-owned
buildings, state-occupied buildings, and state institutions
throughout the state. Upon written request from the chief fire
official of any city, county, or fire protection district,  or a
Designated Campus Fire Marshal,  the State Fire Marshal may
authorize that  chief fire official  person
 and his or her authorized representatives, in their
geographical area of responsibility, to make fire prevention
inspections of state-owned or state-occupied buildings, other than
state institutions, for the purpose of enforcing the regulations
relating to fire and panic safety adopted by the State Fire Marshal
pursuant to this section and building standards relating to fire and
panic safety published in  the California Building Standards
Code   Title 24 of the California Code of Regulations
 . Authorization from the State Fire Marshal shall be limited to
those fire departments or fire districts which maintain a fire
prevention bureau staffed by paid personnel.
   (d) Any requirement or order made by any chief fire official
pursuant to this section may be appealed to the State Fire Marshal.
The State Fire Marshal shall, upon receiving an appeal and subject to
the provisions of Chapter 5 (commencing with Section 18945) of Part
2.5 of Division 13 of this code, determine if the requirement or
order made is reasonably consistent with the fire and panic safety
regulations adopted by him or her and building standards relating to
fire and panic safety published in  the California Building
Standards Code   Title 24 of the California Code of
Regulations  .
  SEC. 2.  Section 13145 of the Health and Safety Code is amended to
read:
   13145.  The State Fire Marshal, the chief of any city or 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 State Building Standards Code
  Title 24 of the California Code of Regulations
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.
  SEC. 3.  Section 13146 of the Health and Safety Code is amended to
read:
   13146.  The responsibility for enforcement of building standards
adopted by the State Fire Marshal and published in the 
California Building Standards Code   Title 24 of the
California Code of Regulations  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   Title 24 of
the California Code of Regulations  , 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 or 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 may 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 authority to the person of his
or her choice who shall be known as the Designated Campus Fire
Marshal.  
   (e) 
    (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.