DIVISION 12. FIRES AND FIRE PROTECTION [13000. - 14959.]
Division 12 enacted by Stats. 1939, Ch. 60.
§§ 13000–14959 · 465 sections
PART 1. GENERAL PROVISIONS §§ 13000–13083 · 40 sections
CHAPTER 1. Liability in Relation to Fires §§ 13000–13011 · 16 sections
- § 13000 Every person is guilty of a misdemeanor who allows a fire kindled or attended by him to escape from his control or to spread to the lands of any person other…
- § 13001 Every person is guilty of a misdemeanor who, through careless or negligent action, throws or places any lighted cigarette, cigar, ashes, or other flaming or…
- § 13002 (a) Every person is guilty of a misdemeanor who throws or discharges any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance, or…
- § 13003 Every person is guilty of a misdemeanor who uses any steam-powered logging locomotive, donkey, or threshing engine, or any other steam engine or steam boiler,…
- § 13004 Every person is guilty of a misdemeanor who harvests grain or causes it to be harvested by means of a combined harvester, header, or stationary threshing…
- § 13005 Every person is guilty of a misdemeanor who: (a) Sells, offers for sale, leases, or rents to any person any tractor, engine, machine, or truck equipped with an…
- § 13006.5 Every owner, operator, lessee, or other person in charge of any apartment house, roominghouse, motel or hotel heretofore or hereafter constructed, or any…
- § 13007 Any person who personally or through another wilfully, negligently, or in violation of law, sets fire to, allows fire to be set to, or allows a fire kindled or…
- § 13008 Any person who allows any fire burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due…
- § 13009 (a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to…
- § 13009.1 (a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to…
- § 13009.2 (a) In a civil action by a public agency seeking damages caused by a fire, pecuniary damages must be quantifiable and not unreasonable in relation to the…
- § 13009.5 Where the Department of Forestry and Fire Protection utilizes inmate labor for fighting fires, the charge for their use, for the purpose of Section 13009,…
- § 13009.6 (a) (1) Those expenses of an emergency response necessary to protect the public from a real and imminent threat to health and safety by a public agency to…
- § 13010 Sections 13007, 13008, and 13009 of this code do not apply to nor affect any rights, duties, or causes of action in existence and accruing prior to August 14,…
- § 13011 Both doors of any double doors designated as the public entrance to any place of business shall be kept unlocked during normal business hours.
CHAPTER 2. Fire Equipment §§ 13025–13062 · 17 sections
ARTICLE 1. Standard Equipment §§ 13025–13029 · 6 sections
- § 13025 (a) All equipment for fire protection purposes having couplings or fittings with an inside diameter of three inches or less, purchased by any authorities…
- § 13025.5 Any fire department maintained by the City and County of San Francisco using fire hydrant outlets with other than two-and-one-half-inch (2 1/2-inch) threaded…
- § 13026 The State Fire Marshal is authorized to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state.
- § 13027 The State Fire Marshal shall notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to…
- § 13028 Any person who sells or offers for sale any fire hose, hydrant, fire engine or other equipment with threaded parts, for fire protective purposes, unless it is…
- § 13029 (a) For purposes of this section, the following definitions apply: (1) “Firefighter personal protective equipment” means personal protective equipment covered…
ARTICLE 2. Use of Fire Equipment §§ 13050–13062 · 11 sections
- § 13050 The apparatus, equipment and firefighting force of any public entity may be used for the purpose of providing fire protection or firefighting services: (a) In…
- § 13050.1 “Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the…
- § 13051 The reasonable value of the use of, and repairs and depreciation on, apparatus and equipment, and other expenses reasonably incurred in furnishing firefighting…
- § 13052 (a) The public entity rendering the service may present a claim to the public entity liable therefor. If the claim is approved by the head of the fire…
- § 13052.5 The governing board of any county fire protection district may contract with any city contiguous to the district for the furnishing of fire protection to the…
- § 13053 Whenever a fire occurs in any county or within the boundaries of any national forest which is of such proportions that it cannot be adequately handled by the…
- § 13054 Where the personnel, equipment, and facilities of any county are utilized in the extinguishment or control of any fire outside its boundaries, the county…
- § 13055 Any public agency authorized to engage in fire protection activities, including but not limited to a fire protection district, city, city and county, or county…
- § 13060 Any public entity may place blue reflective pavement markers in any highway, street, or road for marking fire hydrant locations and water supply locations.…
- § 13061 (a) For purposes of this section, the following definitions apply: (1) “Class B firefighting foam” means foam designed to prevent or extinguish a fire in…
- § 13062 (a) Commencing January 1, 2022, a person shall not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added…
CHAPTER 3. FIRESCOPE Program §§ 13070–13073 · 4 sections
- § 13070 This chapter shall be known and may be cited as the FIRESCOPE Act of 1989.
- § 13071 The Office of Emergency Services shall establish and administer a program, which shall be denominated the FIRESCOPE Program (FIrefighting RESources of…
- § 13072 The goal of the FIRESCOPE Program is the improvement of fire incident management and the coordination of multiagency firefighting resources on major or…
- § 13073 The Office of Emergency Services shall carry out this chapter in cooperation with the Department of Forestry and Fire Protection, including the Office of the…
CHAPTER 4. Firefighters’ Memorial §§ 13081–13083 · 3 sections
- § 13081 (a) The construction of a memorial to California firefighters on the grounds of the State Capitol is hereby authorized. For purposes of this chapter, the…
- § 13082 (a) The California Fire Foundation may, in consultation with the Department of General Services, prepare a plan to construct modifications to the memorial to…
- § 13083 Firefighters’ memorial ceremonies, including the dedication of the memorial and any subsequent ceremonies, shall be conducted by the California Fire…
PART 2. FIRE PROTECTION §§ 13100–13263 · 211 sections
CHAPTER 1. State Fire Marshal §§ 13100–13159.10 · 124 sections
ARTICLE 1. General §§ 13100–13135 · 69 sections
- § 13100 (a) The Office of the State Fire Marshal is hereby created in the Department of Forestry and Fire Protection. The Office of the State Fire Marshal shall be…
- § 13100.1 The functions of the office shall be to foster, promote and develop ways and means of protecting life and property against fire and panic.
- § 13101 The State Fire Marshal shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor. In…
- § 13103 The State Fire Marshal may appoint those assistant or deputy state fire marshals as he or she may consider necessary from among active chiefs of fire…
- § 13104 The State Fire Marshal shall aid in the enforcement of all laws and ordinances, any rules and regulations adopted under the provisions of Division 11…
- § 13104.5 Except on property which has been deeded to the state for taxes, the Department of Forestry and Fire Protection may abate fire hazards existing on property…
- § 13104.6 The State Fire Marshal may determine the existence of a fire hazard on any property which has been deeded to the State for taxes and may serve a written notice…
- § 13105 The State Fire Marshal shall encourage the adoption of fire prevention measures by means of education, engineering, and enforcement and shall prepare or cause…
- § 13105.1 (a) The State Fire Marshal shall develop, in consultation with the Division of Occupational Safety and Health, a working group to make recommendations…
- § 13105.2 (a) The State Fire Marshal shall establish and operate a statewide hazardous materials training facility to be located at the Del Valle Firefighting Facility…
- § 13105.3 The State Fire Marshal, in consultation with the Office of Emergency Services, shall develop fire prevention, response, and recovery measures for utility grade…
- § 13105.5 The State Fire Marshal shall establish or cause to be established a program of fire prevention training for fire prevention inspectors employed by local fire…
- § 13105.6 On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum…
- § 13105.7 (a) The State Fire Marshal may establish a schedule of fees for the inspection, approval, and listing of testing laboratories which test consumer products for…
- § 13106 During the existence of a fire, the State Fire Marshal may protect any property which is affected thereby until the arrival of the owner or claimant. If the…
- § 13107 (a) The State Fire Marshal shall investigate every explosion or fire occurring in any state institution, state-owned building, or any building which is…
- § 13107.5 The State Fire Marshal may investigate every break, and shall investigate every explosion or fire, involving a pipeline reported by a local agency pursuant to…
- § 13108 (a) Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930 of this code, the State Fire Marshal shall…
- § 13108.1 The State Fire Marshal, in consultation with the Bureau of Household Goods and Services, shall review the flammability standards for building insulation…
- § 13108.5 (a) The State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall,…
- § 13108.5.1 (a) The State Fire Marshal shall, prior to the next triennial edition of the California Building Standards Code (Title 24 of the California Code of…
- § 13108.5.2 (a) The State Fire Marshal shall research standards for single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above…
- § 13108.6 The State Fire Marshal may adopt regulations specifying the access to roof areas of commercial establishments which firefighters shall have and may limit or…
- § 13108.9 The State Fire Marshal shall adopt regulations to require a public address system with an emergency backup power system for all buildings or structures…
- § 13109 The State Fire Marshal, his or her deputies, or his or her salaried assistants, the chief of any city or county fire department or fire protection district and…
- § 13110 (a) Notwithstanding any other provision of this part, the State Fire Marshal may propose, adopt, and administer the regulations that he or she deems necessary…
- § 13110.3 The State Fire Marshal shall, before the next triennial edition of the California Building Standards Codes (Title 24 of the California Code of Regulations)…
- § 13110.5 The State Fire Marshal shall gather statistical information on all fires, medical aid incidents, and hazardous materials incidents occurring within this state.…
- § 13110.7 The State Fire Marshal shall establish and maintain a registry of burn injuries and deaths, and shall annually compile a statistical report of such injuries…
- § 13111 The State Fire Marshal may adopt a model ordinance for adoption by any local agency authorized pursuant to Article 3.6 (commencing with Section 50078) of…
- § 13111.1 (a) The office of the State Fire Marshal may expend money appropriated for the administration of the laws, the enforcement of which is committed to the office.…
- § 13111.3 The State Department of Health shall establish and administer a program which will make loans available to private nonprofit children’s institutions and…
- § 13112 Every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor punishable…
- § 13112.1 Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, as a result of citations issued…
- § 13112.2 All revenue collected pursuant to subdivision (a) of Section 13112.1 shall be deposited in the California Fire and Arson Training Fund and shall be available,…
- § 13113 (a) Except as otherwise provided in this section, a person, firm, or corporation shall not establish, maintain, or operate a hospital, children’s home,…
- § 13113.5 The State Fire Marshal shall adopt regulations requiring the installation of automatic fire devices activated by products of combustion other than heat in all…
- § 13113.6 (a) Any person, or public or private firm, organization, or corporation, that owns, rents, leases, or manages a facility that hosts a ticketed event for live…
- § 13113.7 (a) (1) Except as otherwise provided in this section, smoke alarms, approved and listed by the State Fire Marshal pursuant to Section 13114 at the time of…
- § 13113.8 (a) On and after January 1, 1986, every single-family dwelling and factory-built housing, as defined in Section 19971, which is sold shall have an operable…
- § 13113.9 (a) For the purposes of this section: (1) “Burglar bars” are security bars located on the inside or outside of a door or window of a residential dwelling. (2)…
- § 13114 (a) The State Fire Marshal, with the advice of the State Board of Fire Services, shall adopt regulations and standards as he or she may determine to be…
- § 13114.1 To the extent that resources are available, the State Fire Marshal shall prepare and distribute for use by local agencies, community groups, and private firms,…
- § 13114.2 (a) On or before January 1, 2000, the State Fire Marshal shall adopt regulations and standards to control the quality and installation of burglar bars and…
- § 13114.3 (a) Notwithstanding any other provision of law, on and after January 1, 1999, no burglar bars shall be installed or maintained on any residential dwelling that…
- § 13114.5 The governing body of any city or county may enact ordinances or laws imposing restrictions greater than those imposed by Sections 13113 and 13114.
- § 13114.7 (a) For the purposes of this section the following are definitions of class I and class II systems: (1) American Water Works Association (A.W.W.A.) Manuel No.…
- § 13115 (a) It is unlawful for any person, firm, or corporation to establish, maintain, or operate any circus, side show, carnival, tent show, theater, skating rink,…
- § 13116 Except as provided in Section 18930, the State Fire Marshal shall prepare and adopt rules and regulations establishing minimum requirements for the prevention…
- § 13117 (a) Any new detector or new automatic high pressure shutoff device sold by any person on or after January 1, 1987, in this state shall, prior to sale, be…
- § 13118 All solvents offered for sale at retail shall be labeled as required by the regulations adopted pursuant to the Federal Hazardous Substances Act (Public Law…
- § 13119 It is unlawful for any person, firm or corporation to establish, maintain or operate any night club, restaurant, cafe or any similar place where alcoholic…
- § 13120 The State Fire Marshal shall establish minimum standard requirements, and shall adopt rules and regulations as are deemed necessary by him or her to properly…
- § 13121 The State Fire Marshal shall, before approving any flame-retardant chemical, fabric or material, require that flame-retardant chemicals and flame-retardant…
- § 13122 The State Fire Marshal shall promulgate and make available at cost of printing at least once each year a list of the flame-retardant chemicals, flame-retardant…
- § 13123 The State Fire Marshal shall remove from his or her approved list the name of any flame-retardant chemicals, flame-retardant fabric or material or any…
- § 13124 The name of any chemical, chemical concern or flame-retardant application concern whose name has been removed from the approved list shall not be restored to…
- § 13125 The name of any chemical, chemical concern or flame-retardant application concern shall not be restored to the approved list until a new application,…
- § 13126 With the advice of the State Fire Advisory Board, the State Fire Marshal shall prepare and adopt rules and regulations establishing minimum standards and…
- § 13127 (a) Any chemical manufacturing concern, or any flame-retardant application concern, or any concern marketing a flame-retardant fabric or material that desires…
- § 13128 (a) The annual and renewal registration fee period for chemical manufacturing concerns, concerns marketing a flame-retardant fabric or material, and general…
- § 13129 (a) The State Fire Marshal shall remove from the approved list the names of all chemicals, chemically treated fabrics or materials and the names of all…
- § 13130 All money collected pursuant to this chapter shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section…
- § 13131 “Nonambulatory persons” means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be…
- § 13131.5 (a) All of the following building standards shall apply to any single-story building housing nonambulatory persons which is operated as a residential care…
- § 13132 Every person, firm, or corporation maintaining or operating any facility for the care of the mentally handicapped shall file a statement with the fire…
- § 13132.7 (a) Within a very high fire hazard severity zone designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section…
- § 13133 (a) The State Fire Marshal shall develop and adopt regulations establishing new occupancy classifications and specific fire safety standards appropriate for…
- § 13135 The State Fire Marshal shall adopt regulations for alcoholism or drug abuse recovery or treatment facilities, as defined in Section 11834.11, based on whether…
ARTICLE 1.5. Financial Provisions §§ 13137–13139 · 3 sections
- § 13137 (a) The State Fire Marshal Licensing and Certification Fund is hereby created in the State Treasury. All money in the fund is available for the support of the…
- § 13138 (a) For state agencies, local agencies, or private entities that are charged for the costs of fire and life safety building code inspections and related fire…
- § 13139 (a) On or before January 1, 2008, the State Fire Marshal shall approve and list portable gasoline containers that are designed and constructed according to one…
ARTICLE 2. The State Board of Fire Services §§ 13140–13147 · 33 sections
- § 13140 There is hereby created in the Office of the State Fire Marshal a State Board of Fire Services, which shall consist of 18 members. The State Board of Fire…
- § 13140.5 (a) The board shall be composed of 18 voting members, 4 of whom shall serve ex officio and 14 of whom shall be appointed by the Governor, as described in…
- § 13140.6 A quorum of the board shall consist of not less than 10 members of the board. Except as provided in Section 13140.5, proxy representation shall not be…
- § 13140.7 The State Fire Marshal shall act as chairperson of the board and provide necessary staff services. A vice chairperson shall be selected by majority vote of the…
- § 13141 The board shall meet at the call of the State Fire Marshal, or at the request of any two members, but not less than annually, and shall receive no salary.…
- § 13142 The board, shall from time to time make full and complete studies, recommendations, and reports to the Governor and the Legislature for the purpose of…
- § 13142.6 (a) The board, under the direction of the vice chairperson, shall sit as a board of appeals on the application of the State Fire Marshal’s regulations…
- § 13142.8 When the board sits as a board of appeals: (a) The State Fire Marshal shall not sit as a member of the board. (b) A member of the board shall not sit as a…
- § 13143 (a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and submit building…
- § 13143.1 (a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and submit building…
- § 13143.2 (a) Except as provided in Section 18930, the State Fire Marshal shall adopt, amend, and repeal fire safety rules and regulations, and, except as otherwise…
- § 13143.3 The State Fire Marshal or any local public entity shall not charge any fee for enforcing the provisions of Section 13143 or regulations adopted pursuant…
- § 13143.4 The State Fire Marshal shall adopt regulations to authorize National Fire Protection Association 704 Standard System Diamonds, as provided in the 1985 Edition…
- § 13143.5 (a) Notwithstanding Part 2 (commencing with Section 13100) of Division 12, Part 1.5 (commencing with Section 17910) of Division 13, and Part 2.5 (commencing…
- § 13143.6 (a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt regulations…
- § 13143.7 (a) Except as provided in Section 18930, the State Fire Marshal, in consultation with the Department of Corrections and Rehabilitation, shall prepare and adopt…
- § 13143.8 In case of conflict between the State Fire Marshal and the local enforcement agency in the interpretation or application of the provisions, regulations, or…
- § 13143.9 (a) The State Fire Marshal shall, in carrying out Section 13143, prepare, adopt, and submit building standards and other fire and life safety regulations for…
- § 13144 The State Fire Marshal shall prepare in book or bulletin form excerpts of the laws, rules, and regulations dealing with fire and panic safety and may make…
- § 13144.1 (a) Except as provided in Sections 18930 and 18933, the State Fire Marshal shall biennially prepare and publish listings of construction materials and…
- § 13144.2 Any person, firm, corporation, association, or similar organization desiring listing pursuant to Section 13144.1 shall, prior to placement on any list or…
- § 13144.3 The annual and renewal listing established by Section 13144.2 shall be for the fiscal year period from July 1 to June 30 or for the remaining portion thereof.…
- § 13144.4 The State Fire Marshal may adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of Sections 13144.1, 13144. 2, and…
- § 13144.5 The State Fire Marshal shall prepare and conduct voluntary regular training sessions devoted to the interpretation and application of the laws and rules and…
- § 13145 The State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated…
- § 13146 (a) The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating…
- § 13146.1 (a) Notwithstanding Section 13146, the State Fire Marshal, or the State Fire Marshal’s authorized representative, shall inspect every jail or place of…
- § 13146.2 (a) Every city, county, or city and county fire department or district providing fire protection services required by Sections 13145 and 13146 to enforce…
- § 13146.3 (a) A city, county, or city and county fire department or district providing fire protection services shall inspect every building used as a public or private…
- § 13146.4 (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2…
- § 13146.5 The provisions of Sections 13145, 13146 and 13146.3 shall, so far as practicable, be carried out at the local level by persons who are regular full-time…
- § 13146.6 If the governing body of a city, county, or city and county fire department or district providing fire protection services relies on an all-volunteer fire…
- § 13147 The regulations adopted pursuant to subdivision (a) of Section 13143 shall require that the new construction of any school building for which review and…
ARTICLE 3. Administration §§ 13150–13153 · 4 sections
- § 13150 For purposes of this article, “flammable liquids” shall mean any liquid having a flashpoint below 100°F (37.8°C) and a vapor pressure not exceeding 40 pounds…
- § 13151 The State Fire Marshal shall prepare and adopt regulations in accordance with the provisions of the Administrative Procedure Act (commencing with Section 11340…
- § 13152 The authority for the enforcement of the provisions of this article shall be in accordance with Sections 13145 and 13146, Health and Safety Code.
- § 13153 No person, firm, or corporation shall use, permit, or instruct any other person to use or permit, any portable internal combustion engine-driven pump used for…
ARTICLE 4. California Fire Service Training and Education Program §§ 13155–13159.6 · 11 sections
- § 13155 This article shall be known and may be cited as the California Fire Service Training and Education Program Act.
- § 13156 The Legislature finds and declares that the purposes of this article are as follows: (a) To reduce the costs in suffering and property loss resulting from fire…
- § 13157 The California Fire Service Training and Education Program is hereby established in the Office of the State Fire Marshal. The State Fire Marshal, with policy…
- § 13158 The State Fire Marshal shall employ under civil service a program manager and staff as necessary to perform the functions for which the program has been…
- § 13159 The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall have the following responsibilities: (a) To make fire…
- § 13159.1 (a) The State Fire Marshal shall establish additional training standards that include the criteria for curriculum content recommended by the Emergency Response…
- § 13159.15 (a) The Division of Apprenticeship Standards, in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC), shall develop a…
- § 13159.2 (a) For purposes of this section, the State Fire Marshal shall be referred to as the SFM. (b) The SFM may accept certification by the United States Department…
- § 13159.4 The State Fire Marshal shall annually review, revise as necessary, and administer the California Fire Service Training program, shall establish priorities for…
- § 13159.5 (a) The Office of the State Fire Marshal shall develop and make available on its internet website a Wildland-Urban Interface Fire Safety Building Standards…
- § 13159.6 (a) The State Fire Marshal shall establish additional training standards that include the criteria for curriculum content recommended by the Statewide Training…
ARTICLE 5. California Fire and Arson Training Act §§ 13159.7–13159.10 · 4 sections
- § 13159.7 This article shall be known and may be cited as the California Fire and Arson Training Act.
- § 13159.8 The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall do all of the following: (a) Establish and validate…
- § 13159.9 The State Fire Marshal shall: (a) Jointly, with the California Professional Firefighters, promote participation in, sponsor, and administer the California…
- § 13159.10 There is established in the State Treasury the California Fire and Arson Training Fund. All revenue collected pursuant to Section 13159.8 shall be paid into…
CHAPTER 1.5. Portable Fire Extinguishers §§ 13160–13190.4 · 40 sections
ARTICLE 1. General Provisions §§ 13160–13162 · 3 sections
- § 13160 With the advice of the State Fire Advisory Board, the State Fire Marshal shall adopt, in accordance with the provisions of Chapter 3.5 (commencing with Section…
- § 13161 It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and standards adopted by the State Fire…
- § 13162 No person shall market, distribute, or sell any portable fire extinguisher in this state unless it meets the following requirements: (a) It complies with…
ARTICLE 2. Licensing §§ 13163–13174 · 12 sections
- § 13163 No person shall engage in the business of, nor perform for a fee, the servicing, charging, or testing of portable fire extinguishers without a license issued…
- § 13164 Application for a license to engage in the business of, or perform for a fee, the servicing, charging, or testing of portable fire extinguishers shall be made…
- § 13165 Following receipt of the properly completed application and prescribed fees, and compliance with the provisions of this part and the regulations adopted…
- § 13166 Original licenses shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each license shall be renewed…
- § 13167 Application for renewal shall be made on or before November 1st of the year in which the current license expires. Application for renewal shall be made in…
- § 13168 The State Fire Marshal may refuse to renew any license in the same manner and for any reason that he is authorized pursuant to Article 4 (commencing with…
- § 13169 Every licensee shall notify the State Fire Marshal at his Sacramento office in writing within 15 days of any change of his address.
- § 13170 Any advertisement of the servicing, charging, or testing of portable fire extinguishers constitutes prima facie evidence that the premises, business, building,…
- § 13171 No licensee shall conduct his licensed business or solicit business under a name other than a name or names which appears on his license.
- § 13172 The State Fire Marshal shall without cost, annually notify the chief fire official of each local fire authority of the name, address and license number of each…
- § 13173 The holder of any license shall submit such license for inspection upon request of the State Fire Marshal, any of his properly authorized employees, or any…
- § 13174 Every licensed person shall annually, within seven days of employment and within seven days of termination of employment, report to the State Fire Marshal at…
ARTICLE 3. Certificates of Registration §§ 13175–13184 · 11 sections
- § 13175 No natural person shall service, charge, or test any portable fire extinguisher without a certificate of registration issued by the State Fire Marshal pursuant…
- § 13175.1 The provisions of this article shall not apply to any person servicing, charging, or testing any portable fire extinguisher owned by such person when the…
- § 13176 Application for a certificate of registration to service, charge, or test portable fire extinguishers shall be made in writing to the State Fire Marshal on…
- § 13177 The State Fire Marshal shall require all applicants for a certificate of registration to take and pass a written examination which may be supplemented by…
- § 13178 Following receipt of the properly completed application and prescribed fee, and the completion of the required examination, the State Fire Marshal shall issue…
- § 13179 Original certificates of registration shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each certificate…
- § 13180 Application for renewal shall be made on or before November 1st of the year in which the current certificate of registration expires. Application for renewal…
- § 13181 The State Fire Marshal may refuse to renew any certificate of registration in the same manner and for any reason that he is authorized pursuant to Article 4…
- § 13182 Every certificate of registration holder shall notify the State Fire Marshal at his Sacramento office in writing within 15 days of any change of his address.
- § 13183 Every natural person who services, charges, or tests any portable fire extinguisher shall affix a tag to the serviced unit. Such tag shall indicate the date…
- § 13184 The holder of a certificate of registration shall submit such certificate for inspection upon request of the State Fire Marshal, any of his properly authorized…
ARTICLE 4. Denial, Revocation, and Suspension §§ 13185–13188.4 · 8 sections
- § 13185 The issuance of a license or certificate of registration may be denied by the State Fire Marshal for any of the following reasons: (a) The applicant is not the…
- § 13186 Within 30 days after receipt of notice of denial sent by the State Fire Marshal by registered or certified mail to the applicant’s last address of record, the…
- § 13187 When a statement of issues has been so filed, the State Fire Marshal may order denial pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division…
- § 13188 A license or certificate of registration may be suspended or revoked by the State Fire Marshal pursuant to Chapter 5 (commencing with Section 11500), Part 1,…
- § 13188.1 The State Fire Marshal may, upon a preliminary finding of a violation of the provisions of this part, suspend any license or certificate of registration for a…
- § 13188.2 Any applicant who has been denied a license or certificate of registration or who has had a license or certificate of registration suspended, shall be entitled…
- § 13188.3 Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of…
- § 13188.4 (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person…
ARTICLE 5. Fees §§ 13189–13190 · 2 sections
- § 13189 (a) The original and annual renewal fee for any license or a certificate of registration issued pursuant to this chapter shall be established by the State Fire…
- § 13190 No special fee other than that charged for an ordinary business license shall be charged for any natural person, corporation, firm, or association, by any…
ARTICLE 6. Enforcement §§ 13190.1–13190.4 · 4 sections
- § 13190.1 Except as provided in this article, the State Fire Marshal shall enforce in all areas of the state, the provisions of this chapter and the regulations and…
- § 13190.2 Any governmental agency, including the state, and any city, county, district, or any other political subdivision or public corporation of the state, may, in…
- § 13190.3 Any portable fire extinguisher that is required to be installed by any statute or ordinance shall be maintained in accordance with the regulations adopted…
- § 13190.4 Every person who violates any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to Section 13160 is guilty of a…
CHAPTER 1.8. Automatic Fire Extinguisher Systems §§ 13195–13199 · 10 sections
- § 13195 The State Fire Marshal shall adopt and administer the regulations and building standards he or she deems necessary in order to (1) establish and control a…
- § 13195.5 Every automatic fire extinguishing system, including, but not limited to, fire sprinkler systems, engineered and preengineered fixed extinguishing systems,…
- § 13196 The regulations and building standards adopted pursuant to Section 13195 shall be enforced pursuant to Sections 13145 and 13146.
- § 13196.5 (a) Except as provided in subdivisions (b), (c), and (d), no person shall engage in the business of servicing or testing automatic fire extinguishing systems…
- § 13197 The State Fire Marshal shall adopt regulations to establish and maintain the licensing program required by this chapter. To the extent the State Fire Marshal…
- § 13197.5 A license may be denied or revoked by the State Fire Marshal for either of the following reasons: (a) The applicant made a material misrepresentation or false…
- § 13197.6 (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person…
- § 13198 The State Fire Marshal shall adopt a schedule of fees to be paid by licensees in an amount which is necessary to cover the cost of administering and enforcing…
- § 13198.5 It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and building standards adopted by the State…
- § 13199 Any person who violates any provisions of this chapter or any regulation or building standard adopted by the State Fire Marshal pursuant to Section 13195 is…
CHAPTER 2. Clothes Cleaning Establishments §§ 13201–13203 · 3 sections
- § 13201 The minimum building standards for all drycleaning plants and processes in this state shall be the provisions published in the State Building Standards Code.…
- § 13202 Facilities which are in existence on the effective date of this section need not mandatorily conform or be made to conform with the requirements of Section…
- § 13203 The division of authority for the enforcement of this chapter shall be as follows: (a) The chief of any city or county fire department or fire protection…
CHAPTER 3. High Rise Structures §§ 13210–13217 · 8 sections
- § 13210 As used in this chapter: (a) “Existing high-rise structure” means a high-rise structure, the construction of which is commenced or completed prior to July 1,…
- § 13211 The State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt building standards relating to fire and panic safety in…
- § 13212 Subject to the provisions of Sections 25 and 18943 of this code, regulations adopted by the State Fire Marshal pursuant to Section 13211 applicable to new…
- § 13213 (a) Building standards and other regulations of the State Fire Marshal applicable to existing high-rise structures shall provide to the greatest feasible…
- § 13214 The provisions of this chapter, building standards applicable to high-rise structures published in the State Building Standards Code relating to fire and panic…
- § 13215 It is unlawful for any person to construct or maintain any highrise structure in violation of the provisions of this chapter, building standards published in…
- § 13216 The governing body of any city or county may impose greater restrictions with respect to high-rise structures than are imposed by the building standards…
- § 13217 (a) A city, county, or city and county fire department or district providing fire protection services may annually inspect all highrise structures for…
CHAPTER 4. Emergency Procedure Information §§ 13220–13223 · 3 sections
- § 13220 The owner or operator of any of the following buildings shall provide to persons entering those buildings specific emergency procedures to be followed in the…
- § 13221 The State Fire Marshal shall adopt regulations for the furnishing of emergency procedure information according to this chapter. Those regulations may include…
- § 13223 Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction, shall be punished by a fine of not to exceed ten…
CHAPTER 5. Building Certification §§ 13230–13234 · 3 sections
- § 13230 As used in this chapter, “high rise structure” has the same meaning as defined in Section 13210.
- § 13233 The owner or operator of any privately owned high rise structure shall annually certify that he or she has requested the appropriate local fire enforcing…
- § 13234 The State Fire Marshal may establish regulations for certification according to Section 13233, including the general form and contents of letters certifying…
CHAPTER 5.5. Fire Safety Inspections of Care Facilities § 13235 · 1 section
- § 13235 (a) Upon receipt of a request from a prospective licensee of a community care facility, as defined in Section 1502, of a residential care facility for the… see note
CHAPTER 6. Propane Storage and Handling §§ 13240–13244.5 · 11 sections
ARTICLE 1. General and Definitions §§ 13240–13243.6 · 7 sections
- § 13240 This chapter shall be known, and may be cited, as the Propane Storage and Handling Safety Act.
- § 13240.1 For the purposes of this chapter, the following terms have the following meanings: (a) “Propane storage system” or “system” means any tank or collection of…
- § 13241 Prior to January 1, 1996, the State Fire Marshal in conjunction with the Occupational Safety and Health Standards Board shall, after public hearings, adopt by…
- § 13242 The State Fire Marshal, in cooperation with the Department of Industrial Relations as appropriate, shall do all of the following: (a) Prior to January 1, 1997,…
- § 13243 The Department of Industrial Relations shall on or before January 1, 1996, develop a propane storage system inspection training curriculum and certification…
- § 13243.3 Any requirements adopted as provisions of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) shall supersede this measure.
- § 13243.6 Any costs incurred by state agencies or departments pursuant to this article, that are not funded through fees pursuant to Section 13244.5, shall be funded…
ARTICLE 2. Liability Insurance Coverage §§ 13244–13244.2 · 3 sections
- § 13244 (a) All of the following persons or entities shall carry liability insurance set forth in subdivision (b): (1) Any person or entity that owns or operates a…
- § 13244.1 Notwithstanding any provision of law, any person or entity that owns or operates a business engaged, in whole or in part, in the wholesale or retail sale of…
- § 13244.2 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
ARTICLE 3. Fees § 13244.5 · 1 section
- § 13244.5 The State Fire Marshal, in conjunction with local fire departments, shall determine a fee, not to exceed two hundred fifty dollars ($250) per propane storage…
CHAPTER 7. Civil Actions to Abate Fire Hazards §§ 13250–13253 · 4 sections
- § 13250 Whenever, in the judgment of the State Fire Marshal, any person has engaged in or is about to engage in any acts or practices which constitute or will…
- § 13251 Every civil action brought under the provisions of this chapter at the request of the State Fire Marshal shall be brought by the district attorney or Attorney…
- § 13252 Any civil action brought pursuant to this chapter shall be brought in the county in which the action occurs.
- § 13253 In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it…
CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 §§ 13260–13263 · 4 sections
- § 13260 This chapter shall be known and may be cited as the Carbon Monoxide Poisoning Prevention Act of 2010.
- § 13261 The Legislature finds and declares all of the following: (a) According to the American Medical Association, carbon monoxide is the leading cause of accidental…
- § 13262 For purposes of this chapter, the following definitions shall apply: (a) “Carbon monoxide device” means a device that meets all of the following requirements:…
- § 13263 (a) (1) The State Fire Marshal shall develop a certification and decertification process to approve and list carbon monoxide devices and to disapprove and…
PART 2.7. FIRE PROTECTION DISTRICT LAW OF 1987 §§ 13800–13970 · 136 sections
CHAPTER 1. General Provisions §§ 13800–13806 · 7 sections
- § 13800 This part shall be known and may be cited as the Fire Protection District Law of 1987 or as the Bergeson Fire District Law.
- § 13801 The Legislature finds and declares that the local provision of fire protection services, rescue services, emergency medical services, hazardous material…
- § 13802 As used in this part: (a) “City” means any city whether general law or charter, including a city and county, and including any city the name of which includes…
- § 13803 (a) This part provides the authority for the organization and powers of fire protection districts. This part succeeds the Fire Protection District Law of 1961…
- § 13804 This part is necessary for the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
- § 13805 If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, district, the state, or any…
- § 13806 Any action to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of…
CHAPTER 2. Area §§ 13810–13812 · 3 sections
- § 13810 Any territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district.
- § 13811 Territory which has been classified as a state responsibility area may be included in a district, except for commercial forest lands which are timbered lands…
- § 13812 The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) shall…
CHAPTER 3. Formation §§ 13815–13839 · 24 sections
ARTICLE 1. Initiation §§ 13815–13822 · 8 sections
- § 13815 A new district may be formed pursuant to this chapter.
- § 13816 A proposal to form a new district may be made by petition which shall do all of the following: (a) State that the proposal is made pursuant to this article.…
- § 13817 (a) Before circulating any petition, the chief petitioners shall publish a notice of intention which shall include a written statement not to exceed 500 words…
- § 13818 The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district, as determined by the…
- § 13819 A petition may consist of a single instrument or separate counterparts. The chief petitioner or petitioners shall file the petition, including all…
- § 13820 (a) Within 30 days after the date of filing a petition, the executive officer of the local agency formation commission shall cause the petition to be examined…
- § 13821 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city which…
- § 13822 Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
ARTICLE 2. Election §§ 13823–13831 · 10 sections
- § 13823 (a) If the local agency formation commission approves the formation of a district, with or without amendment, wholly, partially, or conditionally, the board of…
- § 13823.5 After the local agency formation commission approves the formation of the district, notwithstanding Section 13823, if the board of supervisors finds that the…
- § 13824 Within five days after the district formation election has been called, the board of supervisors which has called the election shall transmit by registered…
- § 13825 (a) The chief petitioners or the agency filing the resolution or any member or members of the board of supervisors authorized by the board, or any individual…
- § 13826 The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be…
- § 13827 The notice of election shall contain all of the following: (a) The date of the election. (b) The name of the proposed district. (c) The purposes for which the…
- § 13828 (a) The formation election and the election of members of the district board, if any, shall be held and conducted in accordance with the Uniform District…
- § 13829 If the majority of the votes cast at the election is in favor of forming the district the board or boards of supervisors shall by resolution entered on its…
- § 13830 If the district lies in one county, immediately after entering the resolution in the board minutes pursuant to Section 13829, the county clerk shall cause to…
- § 13831 (a) No informality in any proceeding, including informality in the conduct of any election not substantially affecting adversely the legal rights of any…
ARTICLE 3. Selection of the Initial Board of Directors §§ 13834–13839 · 6 sections
- § 13834 The initial board of directors of a district formed on or after January 1, 1988, shall be determined pursuant to this article.
- § 13835 In the case of a district which contains only unincorporated territory in a single county, the district board may be elected or may be appointed by the county…
- § 13836 In the case of a district which contains only unincorporated territory in more than one county, the district board may be elected or may be appointed by the…
- § 13837 In the case of a district which contains unincorporated territory and the territory of one or more cities: (a) The district board may be elected or appointed…
- § 13838 In the case of a district which includes only incorporated territory within a single city, the district board may be elected or appointed by the city council…
- § 13839 In the case of a district which includes only incorporated territory in more than one city, the district board may be elected or appointed by the city councils…
CHAPTER 4. Existing Board of Directors and Officers §§ 13840–13857 · 18 sections
- § 13840 Every district shall be governed by a legislative body known as a board of directors.
- § 13841 Except in the case where a county board of supervisors has appointed itself as the district board, each member of a district board and each member of a fire…
- § 13842 Except in the case where a county board of supervisors or a city council has appointed itself as the district board, a district board may have three, five,…
- § 13843 (a) The term of office of each member of a district board is four years or until his or her successor qualifies and takes office, except as provided in…
- § 13844 If a county board of supervisors or a city council has appointed itself as the district board, the board of supervisors or city council may delegate any or all…
- § 13845 (a) Except in the case where a county board of supervisors or a city council has appointed itself as the district board, the number of members of a district…
- § 13846 (a) In the case of an elected district board, the directors may be elected by divisions if a majority of the voters voting upon the question are in favor of…
- § 13847 In the case of a district board elected by election divisions, the district board shall adjust the boundaries of the election divisions before November 1 of…
- § 13848 (a) If a majority of the voters voting upon the question at a general district or special election are in favor, a district that has an appointed district…
- § 13849 (a) Before circulating any petition pursuant to Section 13845, 13846, or 13848 the chief petitioners shall publish a notice of intention which shall include a…
- § 13850 (a) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the format of the petition. (b) A petition may consist of a single…
- § 13851 (a) Within 30 days after the date of filing a petition, the secretary of the district board shall cause the petition to be examined and shall prepare a…
- § 13852 (a) Any vacancy in the office of a member appointed to the district board shall be filled pursuant to Section 1779 of the Government Code. (b) Any vacancy in…
- § 13853 (a) Within 60 days after their initial election or appointment and after each general district election or unopposed election, the district board shall meet…
- § 13854 (a) Except as provided in subdivision (b), the county treasurer of the principal county shall act as the district treasurer and shall receive no compensation…
- § 13855 A district board shall meet at least once every three months. Meetings of the board are subject to the provisions of the Ralph M. Brown Act, (Chapter 9…
- § 13856 (a) A majority of the district board shall constitute a quorum for the transaction of business. (b) The district board shall act only by ordinance, resolution,…
- § 13857 (a) Subject to subdivision (b), each member of the district board may receive compensation in an amount set by the district board not to exceed one hundred…
CHAPTER 5. General Powers and Duties §§ 13860–13879 · 22 sections
- § 13860 A district has perpetual succession.
- § 13861 A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this part, including, but…
- § 13862 A district shall have the power to provide the following services: (a) Fire protection services. (b) Rescue services. (c) Emergency medical services. (d)…
- § 13863 (a) A district may enter into mutual aid agreements with any federal or state agency, any city, county, city and county, special district, or federally…
- § 13864 A district may lease or rent any property from an employee, including but not limited to, vehicles or equipment.
- § 13865 A district may join any local, state, or national group or association which promotes the preservation of life and property from the hazards of fire and other…
- § 13866 A district may authorize its directors and employees to attend professional or vocational meetings and pay their actual and necessary traveling and incidental…
- § 13867 The acquisition of any equipment for fire protection purposes shall conform to the standardization provisions of Article 1 (commencing with Section 13025) of…
- § 13868 (a) A district board shall keep a record of all its acts, including its financial transactions. (b) A district may destroy a record pursuant to Chapter 7…
- § 13869 A district may adopt a fire prevention code by reference pursuant to Article 2 (commencing with Section 50022) of Chapter 1 of Part 1 of Division 1 of Title 5…
- § 13869.7 (a) Any fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 may adopt building standards relating to fire…
- § 13870 (a) Notwithstanding any other provision of law, a district board or its authorized representative may issue a written order to correct or eliminate a fire…
- § 13871 (a) Any citation issued by a district for violation of a fire prevention code or a district ordinance may be processed pursuant to subdivision (d) of Section…
- § 13872 A district may, by ordinance, authorize its fire chief, or his or her duly authorized representative, to issue citations for the misdemeanors specified in…
- § 13872.5 The fire chief of a city, city and county, or county fire department, or his or her authorized representative, has the same authority as specified in Sections…
- § 13873 Employees of a district shall have the powers of peace officers while engaged in the prevention and suppression of fires and the protection and preservation of…
- § 13874 If a district board has adopted regulations for the control of open fires, no person shall burn any material without a permit. A district shall not issue a…
- § 13875 A district may prepare and disseminate information and operate educational programs, including, but not limited to, those which help to prevent fire, eliminate…
- § 13876 A district board may adopt a resolution to change the name of the district. The resolution shall comply with the requirements of Chapter 23 (commencing with…
- § 13877 A district board may authorize the use of any vehicle, apparatus, or equipment outside the district, subject to any terms and conditions it prescribes.
- § 13878 A district may contract with any person or public agency to provide district services to territory which is outside the district. A contract shall provide for…
- § 13879 A district board may abate hazardous weeds and rubbish pursuant to Part 5 (commencing with Section 14875). For that purpose, the district board shall be deemed…
CHAPTER 6. Elections §§ 13885–13887 · 3 sections
- § 13885 Except as otherwise provided in this part, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of…
- § 13886 A district board may require that its election of district board members be held on the same day as the statewide general election pursuant to Section 10404 of…
- § 13887 The expense of an election on the question of the formation of a district shall be paid by the county if the proposition fails. If the formation is approved,…
CHAPTER 7. Finance §§ 13890–13906 · 17 sections
- § 13890 On or before June 30 of each year, a district board shall adopt a preliminary budget which shall conform to the accounting and budgeting procedures for special…
- § 13891 On or after July 1 of each year, the amounts set forth in the preliminary budget, except obligations for fixed assets and new permanent employee positions, are…
- § 13892 If the district board determines that the amount of revenue for the coming fiscal year will be inadequate to meet the amount of expenditures needed to protect…
- § 13893 (a) On or before June 30 of each year, a district board shall publish a notice stating all of the following: (1) That it has adopted a preliminary budget which…
- § 13894 At the time and place specified for the meeting, any person may appear and be heard regarding any item in the budget or regarding the addition of other items.…
- § 13895 On or before October 1 of each year, after making any changes in the preliminary budget, the board shall adopt a final budget. The final budget shall establish…
- § 13896 The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing…
- § 13897 A district may borrow money and incur indebtedness pursuant to the authority contained in Article 7 (commencing with Section 53820), Article 7.4 (commencing…
- § 13898 A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful…
- § 13899 All taxes and assessments levied under this chapter shall be computed and entered on the county assessment roll and collected at the same time and in the same…
- § 13900 At any regular meeting or properly noticed special meeting, a district board by two-thirds majority vote of the total membership of the district board may make…
- § 13901 If it finds that an emergency affects the ability of a district to furnish adequate fire protection services, rescue services, emergency medical services,…
- § 13902 (a) A district board may establish a reserve for capital outlays and shall declare the purposes for which the reserve is to be used. (b) At any time, the…
- § 13903 (a) All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of…
- § 13904 If a warrant is presented to the district treasurer for payment and the treasurer cannot pay it for want of funds in the account on which it is drawn, the…
- § 13905 Notwithstanding Section 13903, a district board may adopt a resolution ordering the establishment of a petty cash fund to pay small bills directly. The…
- § 13906 (a) A district may acquire any necessary property by purchase or purchase on contract with money borrowed pursuant to this section. (b) The amount of…
CHAPTER 8. Alternative Revenues §§ 13910–13919 · 10 sections
- § 13910 Whenever the district board determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs of providing…
- § 13911 A district may levy a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government…
- § 13912 A district may levy a special tax pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of…
- § 13913 A district may levy a special tax pursuant to Article 16 (commencing with Section 53970) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government…
- § 13914 A district may levy an assessment for fire suppression services pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of Division 1 of…
- § 13915 A district may levy assessments to finance capital improvements pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the…
- § 13916 (a) A district board may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any regulation for which the fee is…
- § 13917 A district board may charge residents or taxpayers of the district a fee authorized pursuant to Section 13916 which is less than the fee which it charges to…
- § 13918 Notwithstanding Section 6103 of the Government Code, a district board may charge a fee authorized pursuant to Section 13916 to other public agencies.
- § 13919 A district board may waive payment of a fee authorized pursuant to Section 13916 when it determines that payment would not be in the public interest. Before…
CHAPTER 9. General Obligation Bonds §§ 13925–13938 · 14 sections
- § 13925 Whenever a district board determines that it is necessary to incur a general obligation bonded indebtedness for the acquisition or construction of any real…
- § 13926 The resolution shall state: (a) The purpose for which the proposed debt is to be incurred, which may include expenses for the authorization, issuance, and sale…
- § 13927 The election shall be conducted pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code.
- § 13928 If two-thirds of voters voting upon the proposition favor incurring the indebtedness and issuing the bonds, the district board may adopt resolutions to issue…
- § 13929 The district board may provide for the issuance of bonds in any amounts, in any series, and on any terms, provided that they do not exceed the limits approved…
- § 13930 The district board shall adopt a resolution prescribing the form and denomination of the bonds and any coupons. The resolution shall specify the dates on which…
- § 13931 The district board may provide for the call and redemption of bonds before their maturity at times and prices and upon any other terms as it specifies. A bond…
- § 13932 The principal and interest of the bonds shall be payable in lawful money of the United States at the office of the district treasurer or any other place, at…
- § 13933 (a) The bonds shall be dated, numbered consecutively, and be signed by the president of the district board and the district treasurer. The district treasurer…
- § 13934 (a) Before selling the bonds or coupons, the district board shall give notice inviting sealed bids. At a minimum, the district board shall publish notice at…
- § 13935 (a) All premiums and accrued interest received from the sale of the bonds shall be deposited with the district treasurer in a special bond service fund to be…
- § 13936 Any general obligation bonds issued by a district have the same force, value, and use as bonds issued by a city and the bonds and the interest on the bonds are…
- § 13937 A district shall not incur a bonded indebtedness in excess of 10 percent of the assessed value of all taxable property within the district.
- § 13938 (a) After incurring a general obligation indebtedness, and annually thereafter until the indebtedness is paid or until there is a sum in the district treasury…
CHAPTER 10. Service Zones §§ 13950–13956 · 7 sections
- § 13950 (a) Whenever a district board determines that it is in the public interest to provide different services, to provide different levels of service, or to raise…
- § 13951 A district board may change the boundaries of a service zone or dissolve a zone by following the procedures in Section 13950.
- § 13952 A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a service zone, a proposal to change…
- § 13953 As determined by the district board, a service zone may provide any service at any level within its boundaries which the district may provide.
- § 13954 As determined by the district board and pursuant to the requirements of this part, a service zone may exercise any fiscal powers within its boundaries that the…
- § 13955 Any taxes, special taxes, assessments, or fees which are intended solely for the support of services within a zone shall be levied, assessed, and collected…
- § 13956 To assist it in the operation of a service zone, the district board may appoint one or more advisory groups composed of persons who reside in or own property…
CHAPTER 11. Employee Relations §§ 13960–13970 · 11 sections
- § 13960 (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all fire protection…
- § 13961 (a) A district board may adopt an ordinance establishing an employee relations system. (b) “Employee relations system” as used in this chapter means a civil…
- § 13962 (a) Upon receipt of a petition proposing an employee relations system for employees of the district, signed by at least 10 percent of the registered voters of…
- § 13963 When more than one district is governed by the same board of directors, the district board may do all of the following: (a) Adopt the same set of employee…
- § 13964 If a county board of supervisors has appointed itself as the district board, it may change to district status any employee of a county fire warden department…
- § 13965 If the civil service commission or body performing employee relations functions for a district finds that a person has been employed by a city or another…
- § 13966 (a) In the case of a district where the Board of Supervisors of the County of Santa Clara has appointed itself as the district board of a district, the…
- § 13967 A district board may require any employee of the district to be bonded. The district shall pay the cost of the bonds.
- § 13968 A district board may provide for any programs for the benefits of its employees or members of the district board, pursuant to Chapter 2 (commencing with…
- § 13969 A district board shall train all employees of the district who are expected to provide services pursuant to Section 13862, except those whose duties are…
- § 13970 A fire protection district shall be considered a “fire district” to grant leaves of absence in lieu of temporary disability payments pursuant to Article 7…
PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS §§ 14825–14860 · 23 sections
CHAPTER 1. Organization §§ 14825–14833 · 9 sections
- § 14825 (a) Fire companies in unincorporated towns may be organized by filing a certificate signed by the foreman or presiding officer and by the secretary, with the…
- § 14826 The certificate shall set forth the following matters: (a) The date of organization. (b) The name of the company. (c) The names of the officers. (d) The roll…
- § 14827 The certificate shall be filed by February 1 of each year. The board of supervisors may, by ordinance, require an updated or second filing each year.
- § 14828 There shall not be in any one unincorporated town more than one company for each one thousand inhabitants, but one company may be allowed in any town where the…
- § 14829 An engine company may consist of not more than 65 certificate members; a hook-and-ladder company of not more than 65 certificate members; a hose company of not…
- § 14830 Every fire company shall choose or elect a foreman, or president, who is the presiding officer, and a secretary and treasurer.
- § 14831 The board of supervisors of a county that has a population of 400,000 or more on or after January 1, 1985, may, by ordinance, regulate the formation and…
- § 14832 The city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing services within its city.
- § 14833 Fire company vehicles granted exempt California vehicle registration or displaying exempt California license plates shall be properly insured, marked, and…
CHAPTER 2. Powers and Duties §§ 14835–14845 · 11 sections
- § 14835 Every fire company may establish and adopt bylaws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense.
- § 14836 Every fire company regularly organized may adopt a seal, having upon it the arms of the State, and the name of the company to which it belongs.
- § 14837 The seal shall be under the control of and for the use of the secretary, and be by him affixed to exempt certificates, certificates of active membership, and…
- § 14838 The secretary of every company having a seal shall take the constitutional oath of office and give a bond as the bylaws provide for the faithful performance of…
- § 14839 The secretary shall keep a record of all certificates of exemption or active membership, their date, and to whom issued; and when the company has no seal, the…
- § 14840 Every certificate is prima facie evidence of the facts stated in it.
- § 14841 The chief or ranking officer of every fire company shall inquire into the cause of, and keep a record of, every fire occurring in the town.
- § 14842 The chief or ranking officer shall aid in the enforcement of all fire ordinances, examine buildings in process of erection, report violations of ordinances…
- § 14843 The chief or ranking officer shall perform other duties as may be by proper authority imposed upon him or her.
- § 14844 Every chief, if any, shall attend all fires with his or her badge of office conspicuously displayed.
- § 14845 The chief or ranking officer shall prevent injury to, take charge of, and preserve all property rescued from fires, and return the property to its owner on the…
CHAPTER 3. Exemptions §§ 14855–14860 · 3 sections
- § 14855 The active volunteer firefighters of volunteer fire companies or departments regularly organized and recognized by the Fire and Rescue Operational Area…
- § 14856 The burden of providing proof of eligibility for the privileges and exemptions of Section 14855 shall be the responsibility of the volunteer firefighter with…
- § 14860 Every officer of a fire company or department who willfully issues or causes to be issued any certificate of exemption to a person not entitled to it, is…
PART 4.5. Use of Privately Contracted Private Fire Prevention Resources §§ 14865–14868 · 4 sections
- § 14865 It is the intent of the Legislature to provide for the highest level of safety for firefighters and the communities they protect by regulating the use of…
- § 14866 For purposes of this part, the following terms have the following meanings: (a) “Department” means the Department of Forestry and Fire Protection. (b) “Office”…
- § 14867 (a) The office, in collaboration with the department and the board of directors of the FIRESCOPE Program, established pursuant to Chapter 3 (commencing with…
- § 14868 (a) The office, in collaboration with the department and the board of directors of the FIRESCOPE Program, shall develop regulations to govern the use of…
PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH §§ 14875–14922 · 34 sections
CHAPTER 1. General Provisions §§ 14875–14876 · 2 sections
CHAPTER 2. Resolution §§ 14880–14884 · 5 sections
- § 14880 Whenever weeds are growing upon any street, sidewalk, or on private property in any county, the board of supervisors, by resolution, may declare the weeds a…
- § 14881 The resolution shall refer, by the name under which it is commonly known, to the street, highway, or road upon which the nuisance exists, upon which the…
- § 14882 If the private property fronts or abuts upon more than one street, highway, or road, it is necessary to refer to only one of the streets, highways, or roads.
- § 14883 The resolution shall describe the property upon which, or in front of which the nuisance exists by describing the property by reference to the tract, block,…
- § 14884 Any number of streets, highways, roads, or parcels of private property may be included in one resolution.
CHAPTER 3. Notice to Destroy Weeds §§ 14890–14902 · 14 sections
ARTICLE 1. Persons Authorized to Give Notice § 14890 · 1 section
- § 14890 The board of supervisors shall designate the person to give notice to destroy weeds. This may be any one of the following: (a) The county agricultural…
ARTICLE 2. Contents of Notice §§ 14891–14892 · 2 sections
ARTICLE 3. Posting and Publishing Notice §§ 14893–14896 · 4 sections
- § 14893 The notices shall be conspicuously posted in front of the property on which or in front of which the nuisance exists, or if the property has no frontage upon…
- § 14894 The notices shall be posted not more than one hundred feet in distance apart, but at least one notice shall be posted on each lot or parcel.
- § 14895 Notice of the hearing prescribed in Section 14892 shall be published once in a newspaper of general circulation printed and published in the county, not less…
- § 14896 As an alternative to posting and publication, notice in the form required in Section 14892 may be mailed to the property owners as their names and addresses…
ARTICLE 4. Hearing on Notice §§ 14898–14899 · 2 sections
- § 14898 At the time stated in the notices, the board of supervisors shall hear and consider all objections or protests, if any, to the proposed removal of weeds, and…
- § 14899 Upon the conclusion of the hearing the board shall allow or overrule any or all objections, whereupon the board shall acquire jurisdiction to proceed and…
ARTICLE 5. Proceedings After Hearing on Notice §§ 14900–14902 · 5 sections
- § 14900 After final action is taken by the board on the disposition of any protests or objections or in case no protests or objections are received, the board shall…
- § 14900.5 If the nuisance is seasonal and recurrent, the board of supervisors shall so declare. Thereafter, such seasonal and recurring weeds shall be abated every year…
- § 14900.6 In the case of weeds which have previously been declared to constitute a seasonal and recurring nuisance, it is sufficient to mail a post card notice to the…
- § 14901 The officer, board or commission, and his or its assistants, deputies, employees, or contracting agents, or other representatives may enter upon private…
- § 14902 Before the arrival of the officer, board, or commission, or their representatives, any property owner may remove weeds at his or her own expense. Nevertheless,…
CHAPTER 4. Expense of Abatement §§ 14905–14922 · 13 sections
ARTICLE 1. Determination and Notice §§ 14905–14906 · 2 sections
- § 14905 The officer, board or commission abating the nuisance shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall…
- § 14906 Before the report is submitted to the board of supervisors, a copy of it shall be posted for at least three days on or near the chamber door of the board with…
ARTICLE 2. Hearing on Report §§ 14910–14912 · 3 sections
- § 14910 At the time fixed for receiving and considering the report, the board shall hear it and any objections of any of the property owners liable to be assessed for…
- § 14911 Thereupon the board may make such modifications in the report as it deems necessary, after which, by order or resolution, the report shall be confirmed.
- § 14912 The amount of the costs for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed and the amount of the…
ARTICLE 3. Collection of Expenses §§ 14915–14922 · 8 sections
- § 14915 A copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and…
- § 14916 The tax collector shall include the amount of the assessment on bills for taxes levied against the respective lots and parcels of land.
- § 14917 Thereafter the amounts of the assessments shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same…
- § 14918 All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessment taxes.
- § 14919 The county tax collector may, in his discretion, issue separate bills for such special assessment taxes and separate receipts for collection on account of such…
- § 14920 All or any portion of any such special assessment, penalty or costs heretofore or hereafter entered, shall on order of the board of supervisors be canceled by…
- § 14921 No order for a refund under the foregoing section shall be made except on a claim: (a) Verified by the person who paid the special assessment, his guardian,…
- § 14922 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
PART 6. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH: ALTERNATIVE PROCEDURE §§ 14930–14931 · 2 sections
- § 14930 The board of supervisors may, by ordinance, compel the owner, lessee, or occupant of buildings, grounds, or lots in the county, to remove dirt, rubbish, weeds,…
- § 14931 The ordinance may require or provide any of the following: (a) Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks,…
PART 7. CIGARETTE LIGHTERS §§ 14940–14943 · 4 sections
- § 14940 The Legislature finds and declares that unreasonable risks of death and serious bodily injury are caused by fires started by the operation of cigarette…
- § 14941 As used in this part, the following terms shall have the following meanings: (a) “Cigarette lighter” means a device used to light cigarettes, cigars, and…
- § 14942 (a) The State Fire Marshal shall adopt regulations by January 1, 1994, that specify standards for the special design of cigarette lighters, using an 80 percent…
- § 14943 (a) No person shall sell, offer for sale, or distribute a cigarette lighter that does not comply with the standards adopted by the State Fire Marshal pursuant…
PART 7.5. Counterfeit Lighters § 14945 · 1 section
- § 14945 (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter. (2) Paragraph (1) does not…
PART 8. CIGARETTES §§ 14950–14959 · 10 sections
- § 14950 (a) This part shall be known, and may be cited, as the California Cigarette Fire Safety and Firefighter Protection Act. (b) As used in this part, the following…
- § 14951 A person shall not sell, offer, or possess for sale in this state cigarettes not in compliance with all of the following requirements: (a) The cigarettes are…
- § 14952 (a) (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, “Standard Test…
- § 14953 (a) Each manufacturer shall submit a written certification to the Attorney General attesting that each cigarette listed in the certification has been tested in…
- § 14954 (a) Cigarettes that are certified by a manufacturer in accordance with Section 14953 shall be marked on the packaging and case to indicate compliance with the…
- § 14955 (a) A manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of this part is…
- § 14956 (a) Inspections may be made at any place where cigarettes are sold, offered for sale, or stored or at any site where there is evidence of a violation of…
- § 14957 Upon discovery by the department or a law enforcement agency that a person offers or possesses for sale, or has made a sale of, cigarettes in violation of…
- § 14958 Any person who knowingly fails or refuses to allow an inspection by the department, pursuant to Section 14956, is subject to a civil penalty not to exceed one…
- § 14959 This part shall cease to be applicable if federal fire safety standards for cigarettes that preempt this act are enacted and take effect subsequent to the…