BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: SB 902 HEARING: 4/7/10
AUTHOR: Ashburn FISCAL: No
VERSION: 3/11/10 CONSULTANT:
Weinberger
COUNTY REGULATION OF FIRE COMPANIES
Background and Existing Law
In the beginning there were fire companies. Before the
arrival of fire protection districts, which are public
agencies, residents of cities and unincorporated towns
organized unpaid fire companies. Volunteer fire companies
in unincorporated areas organize by annually filing a
certificate, containing specified information, with the
county's Fire and Rescue Operational Area Coordinator, or
with another county agency as designated by ordinance. A
county board of supervisors may require an updated or
second filing each year.
Boards of supervisors in counties with populations above
1,000,000 can, by ordinance, regulate the formation,
continued existence, and ongoing operation of fire
companies in unincorporated areas (SB 1993, Ayala, 1984).
Currently, the counties of Los Angeles, San Diego, Orange,
Riverside, San Bernardino, Santa Clara, Alameda,
Sacramento, and Contra Costa have populations of more than
1,000,000. Los Angeles, San Diego, and San Bernardino
counties have adopted these ordinances.
A court recently held Kern County liable for a Worker's
Compensation claim by a member of a volunteer fire company
which had registered with the County. Kern County
officials say that if they're liable for claims, then they
want to regulate volunteer fire companies' risk management
practices and their role in the County's emergency plans.
Proposed Law
Senate Bill 902 reduces, from 1,000,000 to 400,000, the
population threshold that a county must meet to be able to
regulate the formation, continued existence, and ongoing
operations of fire companies.
SB 902 -- 3/11/10 -- Page 2
Comments
Power and responsibility . By authorizing counties with
populations of at least 400,000 to regulate volunteer fire
companies, Senate Bill 902 gives this regulatory power to
12 additional counties: Fresno, Ventura, San Francisco,
Kern, San Mateo, San Joaquin, Stanislaus, Sonoma, Tulare,
Santa Barbara, Monterey, and Solano. It's only fair that
if counties are liable for volunteer fire companies'
actions, they should have a say in their operations.
Support and Opposition (4/1/10)
Support : Counties of Kern and Sonoma.
Opposition : Unknown.