BILL NUMBER: AB 2021	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

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 amended, 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 and the building design and construction standards for
the State Fire Marshall are in Title 19 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 Titles 19 and 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. 
   This bill would also make other technical and conforming changes.

   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,  city and 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
 Titles 19 and 24 of the California Code of Regulations
  the California Building Standards Code  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,  city and county, 
or fire protection district, or a Designated Campus Fire Marshal,
 pursuant to Section 13146,  the State Fire Marshal may
authorize that 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  Titles 19 and 24 of the California
Code of Regulations   the California Building Standards
Code  . 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 
or Designated Campus Fire Marshal  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  Titles 19 and 24 of the California Code of
Regulations   the California Building Standards Code
 .
  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   , 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  Titles 19 and 24 of the California Code of
Regulations   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.
  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 
Titles 19 and 24 of the California Code of Regulations  
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 
Titles 19 and 24 of the California Code of Regulations 
 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  or county   ,
  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  may   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  authority   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.