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  




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          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  




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          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

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