PART 2.7. FIRE PROTECTION DISTRICT LAW OF 1987 [13800. - 13970.]
Heading of Part 2.7 renumbered from Part 3 (as added by Stats. 1987, Ch. 1013) by Stats. 1989, Ch. 1360, Sec. 91.
§§ 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…