BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 2021|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                    CONSENT


          Bill No:  AB 2021
          Author:   Fletcher (R)
          Amended:  6/30/10 in Senate
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  9-0, 6/22/10
          AYES:  Wright, Harman, Calderon, Denham, Florez, Negrete  
            McLeod, Padilla, Price, Yee
          NO VOTE RECORDED:  Oropeza, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

          ASSEMBLY FLOOR  :  71-0, 5/17/10 - See last page for vote


           SUBJECT  :    Fire protection:  Designated Campus Fire  
          Marshal

           SOURCE  :     University of California


           DIGEST  :    This bill grants the State Fire Marshal the  
          authority to allow campus fire marshals to inspect and  
          enforce fire and life safety standards on all University of  
          California campuses and properties.

           ANALYSIS  :    Existing law requires the State Fire Marshal  
          (SFM), 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  
                                                           CONTINUED





                                                               AB 2021
                                                                Page  
          2

          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.

          This bill:

          1. Authorizes the SFM to enforce building standards and  
             other regulations of the SFM on all University of  
             California 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.

           Comments
           
          According to the author's office, this bill is intended to  
          codify a 16-year-old Memorandum of Understanding (MOU)  
          between the University of California (UC) and the SFM,  
          giving authorization to the SFM to allow DCFMs to enforce  

                                                           CONTINUED





                                                               AB 2021
                                                                Page  
          3

          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  
          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/3/10)

          University of California (source)
          UC San Diego


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Carter, Chesbro, Conway, Cook, Coto,  

                                                           CONTINUED





                                                               AB 2021
                                                                Page  
          4

            Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,  
            Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torres, Torrico, Tran, Villines,  
            John A. Perez
          NO VOTE RECORDED:  Bass, Tom Berryhill, Caballero, Charles  
            Calderon, Furutani, Silva, Torlakson, Yamada, Vacancy


          TSM:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****


























                                                           CONTINUED