BILL ANALYSIS
AB 2021
Page 1
Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 2021 (Fletcher) - As Introduced: February 17, 2010
SUBJECT : Fire protection: Designated Campus Fire Marshal.
SUMMARY : Allows the State Fire Marshal (SFM) to designate a
Campus Fire Marshal for the inspecting and enforcing fire and
life safety standards on University of California (UC) Campuses.
Specifically, this bill :
1)Authorizes the SFM to enforce the building standards and other
regulations of the SFM on all UC campuses and properties
administered or occupied by the UC.
2)Authorizes the SFM 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.
3)Requires any Designated Campus Fire Marshal to enforce those
regulations and building standards relating to fire and panic
safety.
4)Replaces obsolete references to the California Building
Standards Code that contain references to the "public safety"
and "public works" titles of the California Code of
Regulations.
5)Extends the authority to make written requests and perform
inspections to a Designated Campus Fire Marshal.
EXISTING LAW :
1)Requires the 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 buildings,
state-occupied buildings, and state institutions throughout
the state.
2)Establishes the California Building Standards Code under Title
24 of the California Code of Regulations.
AB 2021
Page 2
3)Establishes the building design and construction standards for
the SFM under Title 19 of the California Code of Regulations.
4)Authorizes the SFM 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 upon written request
of that chief fire official.
FISCAL EFFECT : Unknown
COMMENTS : The purpose of this bill puts into statute a 16-year
MOU between the UC system and the Office of the State Fire
Marshal (OSFM). Codification of this MOU would give the OSFM
the authorization to inspect and enforce fire and life safety
standards at UC facilities. According to the bill's sponsor,
the UC currently is satisfied with their partnership with the
OSFM and this bill would make their agreement permanent and
statutory.
Background . The UC currently has an MOU with the OSFM that
allows qualified campus fire marshals to act on behalf of the
SFM regarding 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 and life safety plan approval including inspection
of UC construction projects and existing campus facilities.
Under the MOU, campuses submit projects to the campus fire
marshal in lieu of submittals to the OSFM. This allows for
faster and more thorough reviews of UC's large and complex
capital program. Campus fire marshals interact with the OSFM to
ensure compliance with all applicable codes and standards and
play a critical role in assisting planners, architects, and
engineers by identifying alternative fire safety solutions to be
discussed with the OSFM. According to this bill's sponsor, "The
Acting State Fire Marshal feels this issue should be addressed
statutorily.
Why is this bill necessary ? According to this bill's author,
"UC had been working with the OSFM to renew the existing MOU."
The author continues, "[T]he Acting State Fire Marshal has
AB 2021
Page 3
voiced a concern that the relationship between the OSFM and UC
is based only on an MOU and is not codified in statute." The
author further says, "It is likely that without codifying the
existing relationship between the SFM and UC in statute, the
Acting State Fire Marshall will no longer allow the existing
relationship under the MOU."
In Support . The University of California, Office of the
President maintains that this bill, "[W]ill allow the State Fire
Marshal to designate a Campus Fire Marshal to designate a Campus
Fire Marshal for the purpose inspecting and enforcing fire and
life safety standards on UC campuses."
REGISTERED SUPPORT / OPPOSITION :
Support
University of California
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531