BlackletterCalifornia law

CHAPTER 1. State Fire Marshal

Chapter 1 enacted by Stats. 1939, Ch. 60.

§§ 13100–13159.10 · 124 sections

  1. 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…
  2. 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…
  3. 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…
  4. 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…
  5. 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…
  6. 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…