BILL ANALYSIS
AB 1773
Page 1
Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 1773 (Mendoza) - As Introduced: February 9, 2010
SUBJECT : State Fire Marshal: inspections and licensing
SUMMARY : Reinstates provisions in the Health and Safety Code
which will authorize the Office of the State Fire Marshal (OSFM)
to impose a specified monetary civil penalty in lieu of
suspending a private business operating license or
certification. Specifically, this bill :
1)Authorizes the State Fire Marshall or his or her designee to
stay the suspension of a license or certificate of
registration in specified instances on condition that its
holder pay a specified monetary penalty and incur no other
cause for disciplinary action, as specified.
2)Deposits those penalties in the State Fire Marshal Licensing
and Certification Fund.
3)Requires the State Fire Marshall to make specified data
relating to this bill available to the public.
EXISTING LAW provides for the licensing by the State Fire
Marshall of persons to engage in various activities relating to
the sale or use of fireworks, and the servicing of portable fire
extinguishers and automatic extinguisher systems.
FISCAL EFFECT : Unknown
COMMENTS : This bill proposes to reinstate provisions of the
Health and Safety Code that authorized the OSFM to levy a
monetary penalty in lieu of suspension. Specifically, this bill
would reinstate Heath and Safety Code sections 12606.1
(fireworks license suspensions), 13188.4 (fire extinguisher
license and/or certification suspensions), and 13197.6
(automatic fire extinguishing system license suspensions). The
author states that the three programs affected by this bill are
(1) the Fireworks Program which is mandated under Part 2
"Fireworks and Pyrotechnic Devices" commencing with Section
12500 of the Health and Safety Code; (2) the Portable and Fire
AB 1773
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Extinguisher Program which is mandated under Chapter 1.5
commencing Section 13160 of the Health and Safety Code; and (3)
the Automatic Extinguishing System Program which is mandated
under Chapter 1.8 commencing with Section 13195 of the Health
and Safety Code.
According to information provided by this bill's sponsor, during
the time these sections were in statute they were effective and
served both the industry and the OSFM in a positive manner.
Background . The OSFM Fire Engineering Division is responsible
for administering a wide range of fire safety licensing ,
certification programs, and performing engineering functions
affecting consumer services, product evaluation, approval and
listings. The OSFM Fire Engineering Division is also
responsible for conducting investigations related to those
programs.
According to the author, prior to January 1, 2008, the OSFM was
authorized to levy a monetary penalty in lieu of administrative
license suspensions (AB 2401, Harman, Chapter 424, Statutes of
2004). During the period prior to this policy's sunset date of
January 1, 2008, there were 51 cases of violation. The author
states that all cases except one were settled under the existing
provision, without significant fiscal impact to the state. The
author also says that due to the sunset provisions in the law,
the OSFM may no longer use monetary fines as an enforcement
mechanism.
When the OSFM suspends a license or certification, the licensee
or certificate holder is required to stop working. In order to
ensure compliance, the OSFM has to redirect staff from other
critical functions to periodically monitor the individual and/or
business. The author states that this has proven to be time
consuming, costly, and hinders the Deputy's ability to perform
other critical programs.
Sunset clause . According to information from the bill's
sponsor, a sunset clause was included in AB 2401 based on the
initial concerns of the affected industry, the California
Association of Life Safety and Fire Equipment (CAL SAFE). CAL
SAFE contacted then-Assembly Member Harman to ensure that the
OSFM would use this provision as an enforcement tool and not as
a means of revenue generation, and the sunset date was seen as a
means to ensure this.
AB 1773
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The bill's sponsor says, "Though this provision had proven to be
effective, industry was not successful in their attempts to have
the sunset extended." The policy contained in AB 2401 sunset on
January 1, 2008.
Due to the sunset contained in AB 2401, OSFM is faced with the
dilemma of either suspending a license/certification, at a
significant cost to both the business and the state, or opting
to take no action and potentially allowing infractions to
continue. The author states that this bill will give the OSFM
the authority to levy monetary penalties without unnecessarily
suspending a license or certificate.
Prior legislation . AB 2401 (Harman), Chapter 424, Statutes of
2004 , authorizes the OSFM to impose a specified monetary penalty
in lieu of suspending the license or certificate of individuals
or businesses that violated laws.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Life Safety and Fire Equipment
Department of Forestry and Fire Protection (CAL FIRE) (sponsor)
FireMaster
Jorgensen Company
Orange County Fire Protection
Solon Fire Control
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531