BILL ANALYSIS Bill No: AB 2021 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2009-2010 Regular Session Staff Analysis AB 2021 Author: Fletcher As Amended: March 24, 2010 Hearing Date: June 22, 2010 Consultant: Art Terzakis SUBJECT State Fire Marshal DESCRIPTION AB 2021 grants the State Fire Marshal (SFM) the authority to allow campus fire marshals to inspect and enforce fire and life safety standards on all University of California (UC) campuses and properties. Specifically, this measure: 1. Authorizes the SFM to enforce building standards and other regulations of the SFM on all UC campuses and properties and also to delegate that authority to the person of his/her choice for each UC campus who would be known as the "Designated Campus Fire Marshal" (DCFM). 2. Makes other conforming changes in the Health and Safety Code with respect to DCFMs and their responsibility to make fire prevention inspections and enforce fire and panic safety regulations. 3. Makes minor code maintenance changes by replacing references to the California Building Standards Code with references to Titles 19 and 24 of the California Code of Regulations. EXISTING LAW Existing law requires the SFM, the chief fire official of any city, county, or fire protection district and their AB 2021 (Fletcher) continued Page 2 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. Existing law establishes the California Building Standards Code under Title 24 of the California Code of Regulations. Existing law also establishes the building design and construction standards for the SFM under Title 19 of the California Code of Regulations. Existing law permits the SFM, upon written request from the chief fire official of any city, county, or fire protection district, to authorize that person, 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 regulations relating to fire and panic safety adopted by the SFM and published in the California Code of Regulations. BACKGROUND Purpose of AB 2021: According to the author's office, this measure is intended to codify a 16-year-old Memorandum of Understanding (MOU) between UC and the SFM, giving authorization to the SFM to allow DCFMs to enforce building standards and other regulations relating to fire safety at UC facilities. According to UC, the current MOU with the SFM allows qualified DCFMs to act on behalf of the SFM to ensure compliance with fire and life safety standards at UC facilities. An MOU was first initiated as a two-year pilot program in 1994 to determine the effectiveness of this practice. The program proved to be an acceptable means of ensuring on-site fire plan approval for UC construction projects and existing UC campus facilities. Under the MOU, campuses submit projects to the DCFM in lieu of submittals to the SFM. This allows for faster and more thorough reviews of UC's large and complex capital program. DCFMs interact with the SFM to ensure UC compliance with all applicable codes and standards, and assist planners, architects, and engineers in identifying alternative fire AB 2021 (Fletcher) continued Page 3 safety solutions. According to the author's office, UC has attempted to renew the existing MOU with the SFM. However, the current Acting SFM has voiced a concern about the relationship between the SFM and UC not being codified in state statute. UC believes that unless the existing relationship between the SFM and UC is codified in state statute, the Acting SMF will no longer allow the relationship under the MOU. UC believes that ending the relationship outlined in the MOU will place additional burdens on the SFM and reduce the oversight quality that is provided by DCFMs. SUPPORT: As of June 18, 2010: University of California (sponsor) UC San Diego OPPOSE: None on file as of June 18, 2010. FISCAL COMMITTEE: Senate Appropriations Committee **********