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
**********