13100-13135
HEALTH AND SAFETY CODE
SECTION 13100-13135
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 administered by the State Fire Marshal,
who shall be a Chief Deputy Director of Forestry and Fire Protection
in accordance with paragraph (1) of subdivision (b) of Section 702 of
the Public Resources Code and appointed pursuant to Section 13101 of
this code.
(b) The Office of the State Fire Marshal and the State Fire
Marshal in the Department of Forestry and Fire Protection succeed to,
and are vested with, all of the powers, duties, responsibilities,
and jurisdiction of the former Office of the State Fire Marshal and
the former State Fire Marshal, as the case may be, in the State and
Consumer Services Agency.
(c) Wherever any reference is made in any law to the former Office
of the State Fire Marshal or to the former State Fire Marshal in the
State and Consumer Services Agency pertaining to a power, duty,
responsibility, or jurisdiction transferred to, and vested in, the
Office of the State Fire Marshal or the State Fire Marshal in the
Department of Forestry and Fire Protection, the reference shall be
deemed to be a reference to, and to mean, the Office of the State
Fire Marshal or the State Fire Marshal in the Department of Forestry
and Fire Protection, as the case may 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 order to be eligible for
appointment, he or she shall have had not less than eight years
experience in a regularly organized fire department in this State. He
or she shall be paid the annual salary provided for by Chapter 6 of
Part 1 of Division 3 of Title 2 of the Government Code.
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 departments, fire marshals of cities, counties,
and districts providing fire protection, and the salaried field
assistants of the State Fire Marshal.
The State Fire Marshal and the assistant or deputy state fire
marshals shall exercise the functions of peace officers.
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 (commencing with Section 12000) of, and
Part 1 (commencing with Section 13000) and Part 2 (commencing with
Section 13100) of Division 12 of, the Health and Safety Code, and
building standards adopted by the State Fire Marshal and published in
the State Building Standards Code relating to fires or to fire
prevention and protection.
The State Fire Marshal shall, if possible, attend, and take charge
of and protect all property which may be imperiled by any fire other
than:
(a) A forest, brush, or grain fire.
(b) A fire occurring within any city or town maintaining a fire
department, within a fire protection district, or within a county
where there is a regularly appointed county fire warden.
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 owned, controlled, or held in trust by
the state, in areas not under the jurisdiction of the Director of
Forestry and Fire Protection, upon the request of the legislative
body of the city, county, or city and county within which the
property is situated. The cost of the abatement shall be paid out of
any money in the State Treasury appropriated for that purpose.
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 of condemnation of the fire
hazard on the State Controller, or on any person designated by the
Controller. The fire hazard is then subject to removal in accordance
with the law relating to removal of public nuisances on tax deeded
property.
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 to be prepared for
dissemination information relating to the subject of fire prevention
and extinguishment.
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 of the County of Los Angeles.
(b) Subdivision (a) shall be operative in any fiscal year only to
the extent that funds are appropriated in the annual Budget Act or
donated by private donors, contributed by local agencies, or provided
by other funding sources for the purpose of subdivision (a).
Donations by private donors, local agencies, or other sources may be
in the form of money, in-kind services, or equipment. All monetary
contributions received pursuant to this subdivision shall be
deposited into a special deposit fund account to carry out the
requirements of subdivision (a).
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 protection agencies. The training
program shall be conducted on a regional basis located near such
agencies which employ or contract with such inspectors.
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 fire safety that are
regulated by the State Fire Marshal.
(b) The State Fire Marshal may charge the testing laboratories
fees to cover the costs of the program specified in subdivision (a),
including the cost of establishing the fee schedule.
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 owner or claimant does not take charge
of the property within twenty-four hours, the State Fire Marshal may
store it at the owner's or claimant's expense.
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 determined, pursuant to regulations adopted by
the State Fire Marshal, to be state occupied, and every explosion or
fire occurring in those areas of the state not under the
jurisdiction of a legally organized fire department or fire
protection district or other public entity, including, but not
limited to, the state, which provides fire protection in which there
is suspicion that the crime of arson or attempted arson has been
committed.
(b) Upon request of the chief fire official of a legally organized
fire department or fire protection district, or the governing body
thereof, or upon request of the chief of a police department or the
sheriff regarding a fire which occurs in an area where there is no
operating arson investigation unit, the State Fire Marshal shall,
within the limitation of resources and manpower established for those
purposes, investigate any explosion or fire occurring within the
jurisdiction of the requesting official in which there is suspicion
that the crime of arson or attempted arson has been committed.
(c) The State Fire Marshal shall cooperate in the establishment of
a program for training fire department personnel in arson
investigation and detection.
(d) In order to carry out his or her responsibilities and duties
pursuant to this section, the State Fire Marshal shall establish an
arson investigation unit within his or her office, which shall be
staffed with necessary personnel to perform the function for which
the unit is established.
(e) If there is reason to believe that any fire or explosion
investigated by the State Fire Marshal resulted from a crime or that
a crime has been committed in connection with it, the State Fire
Marshal shall report that fact in writing to the district attorney of
the county in which the fire or explosion occurred.
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 Chapter 5.5 (commencing with
Section 51010) of Division 1 of Title 5 of the Government Code. The
State Fire Marshal may immediately order any pipeline closed when it
is determined to be necessary to do so in the interests of public
safety. The pipeline shall remain closed until it is determined that
operations may be resumed with safety or until any discovered safety
defect has been remedied or repaired.
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 prepare and adopt building standards,
not inconsistent with existing laws or ordinances, relating to fire
protection in the design and construction of the means of egress and
the adequacy of exits from, and the installation and maintenance of
fire alarm and fire extinguishment equipment or systems in, any state
institution or other state-owned building or in any state-occupied
building and submit those building standards to the State Building
Standards Commission for approval pursuant to the provisions of
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
of this code. The State Fire Marshal shall prepare and adopt
regulations other than building standards for the installation and
maintenance of equipment and furnishings that present unusual fire
hazards in any state institution or other state-owned building or in
any state-occupied building. The State Fire Marshal shall adopt those
regulations as are reasonably necessary to define what buildings
shall be considered as state-occupied buildings.
(b) The fire chief of any city, county, city and county, or fire
protection district, or that official's authorized representative,
may enter any state institution or any other state-owned or
state-occupied building for the purpose of preparing a fire
suppression preplanning program or for the purpose of investigating
any fire in a state-occupied building.
(c) Except as otherwise provided in this section, the State Fire
Marshal shall enforce the regulations adopted by him or her and
building standards relating to fire and panic safety published in the
California Building Standards Code in all state-owned buildings,
state-occupied buildings, and state institutions throughout the
state. Upon written request from the chief fire official of any city,
county, city and county, or fire protection district, or a
Designated Campus Fire Marshal, pursuant to Section 13146, the State
Fire Marshal may authorize that person and his or her authorized
representatives, in their geographical area of responsibility, to
make fire prevention inspections of state-owned or state-occupied
buildings, other than state institutions, for the purpose of
enforcing the regulations relating to fire and panic safety adopted
by the State Fire Marshal pursuant to this section and building
standards relating to fire and panic safety published in the
California Building Standards Code. Authorization from the State Fire
Marshal shall be limited to those fire departments or fire districts
which maintain a fire prevention bureau staffed by paid personnel.
(d) Any requirement or order made by any chief fire official or
Designated Campus Fire Marshal pursuant to this section may be
appealed to the State Fire Marshal. The State Fire Marshal shall,
upon receiving an appeal and subject to the provisions of Chapter 5
(commencing with Section 18945) of Part 2.5 of Division 13 of this
code, determine if the requirement or order made is reasonably
consistent with the fire and panic safety regulations adopted by him
or her and building standards relating to fire and panic safety
published in the California Building Standards Code.
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, pursuant to Section 18930, propose
fire protection building standards for roofs, exterior walls,
structure projections, including, but not limited to, porches, decks,
balconies, and eaves, and structure openings, including, but not
limited to, attic and eave vents and windows of buildings in fire
hazard severity zones, including very high fire hazard severity zones
designated by the Director of Forestry and Fire Protection pursuant
to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of
Division 4 of the Public Resources Code.
(b) Building standards adopted pursuant to this section shall also
apply to buildings located in very high fire hazard severity zones
designated pursuant to Chapter 6.8 (commencing with Section 51175) of
Part 1 of Division 1 of Title 5 of the Government Code, and other
areas designated by a local agency following a finding supported by
substantial evidence in the record that the requirements of the
building standards adopted pursuant to this section are necessary for
effective fire protection within the area.
(c) Building standards adopted pursuant to this section shall also
apply to buildings located in urban wildland interface communities.
A local agency may, at its discretion, include in or exclude from the
requirements of these building standards any area in its
jurisdiction following a finding supported by substantial evidence in
the record at a public hearing that the requirements of these
building standards are necessary or not necessary, respectively, for
effective fire protection within the area. Changes made by a local
agency to an urban wildland interface community area following a
finding supported by substantial evidence in the record shall be
final and shall not be rebuttable.
(d) For purposes of subdivision (c), "urban wildland interface
community" means a community listed in "Communities at Risk from Wild
Fires," produced by the California Department of Forestry and Fire
Protection, Fire and Resource Assessment Program, pursuant to the
National Fire Plan, federal Fiscal Year 2001 Department of the
Interior and Related Agencies Appropriations Act (Public Law
106-291).
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 restrict the use of razor
wire fences, chain link fences, or any other fences which would
obstruct that access.
For purposes of this section, "commercial establishment" shall not
include any facility of a public utility.
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 constructed on or after July 1, 1991, which
are intended for public assemblies of 10,000 or more persons.
The State Fire Marshal shall adopt regulations to require any
existing building or structure intended for public assemblies of
10,000 or more persons which, on or after January 1, 1991, has or
subsequently installs a public address system, to have an emergency
backup power system for the public address system.
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 their authorized representatives may
enter any building or premises not used for dwelling purposes at any
reasonable hour for the purpose of enforcing this chapter. The owner,
lessee, manager or operator of any such building or premises shall
permit the State Fire Marshal, his or her deputies, his or her
salaried assistants and the chief of any city or county fire
department or fire protection district and their authorized
representatives to enter and inspect them at the time and for the
purpose stated in this section.
13110.5. The State Fire Marshal shall gather statistical
information on all fires, medical aid incidents, and hazardous
materials incidents occurring within this state. The chief fire
official of each fire department operated by the state, a city, city
and county, fire protection district, organized fire company, or
other public or private entity which provides fire protection, shall
furnish information and data to the State Fire Marshal relating to
each fire which occurs within his or her area of jurisdiction. The
chief fire official of each fire department operated by the state
shall, and the chief fire official of fire departments operated by a
city, city and county, fire protection district, organized fire
company, or other public or private entity which provides fire
protection may, also furnish information and data to the State Fire
Marshal relating to medical aid incidents and hazardous materials
incidents which occur within their area of jurisdiction. The State
Fire Marshal shall adopt regulations prescribing the scope of the
information to be reported, the manner of reporting the information,
the forms to be used, the time the information shall be reported, and
other requirements and regulations as the State Fire Marshal
determines necessary.
The State Fire Marshal shall annually analyze the information and
data reported, compile a report, and disseminate a copy of the
report, together with his or her analysis, to each chief fire
official in the state. The State Fire Marshal shall also furnish a
copy of his or her report and analysis to the State Emergency Medical
Services Authority and any other interested person upon request.
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 and deaths.
The director of every burn center which examines, treats, or
admits a person with a burn or smoke inhalation injury or a person
who suffers a burn-related death shall file a report with the State
Fire Marshal describing the injury or death at the end of the
examination or treatment or at the time the patient is discharged
from the burn center or at the time of the patient's death.
As used in this section, the term "burn center" means an intensive
care unit in which there are specially trained physicians, nursing
and supportive personnel and the necessary monitoring and therapeutic
equipment needed to provide specialized medical and nursing care to
burned patients.
The State Fire Marshall shall, in cooperation with the burn
centers, develop the form to be used in reporting information to the
State Fire Marshal under this section.
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 Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code to establish uniform schedules and
rates for assessments for fire suppression services as provided in
Section 50078.2 of the Government Code.
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. Such expenditures by the office
shall be made in accordance with law in carrying on the work for
which such appropriations were made.
(b) A sum, not to exceed five thousand dollars ($5,000) in each
fiscal year, may be withdrawn for investigative purposes from General
Fund money appropriated in support of the office of the State Fire
Marshal, without at the time furnishing vouchers and itemized
statements. This sum shall be used as a revolving fund where cash
advances are necessary, and at the close of each fiscal year, or any
other time, upon demand of the Department of Finance, shall be
accounted for and substantiated by vouchers and itemized statements
submitted to and audited by the State Controller.
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 private nonprofit homes for the
aging which are nonprofit community care facilities for adults under
subdivision (a) of Section 1502 of the Health and Safety Code from
such funds as may be appropriated by the Legislature to pay the cost
of the installation of automatic sprinkler systems or detectors
responding to invisible products of combustion other than heat
approved by the State Fire Marshal. Any loan pursuant to this section
shall bear interest at a rate of 5 percent per annum and shall not
be for a term exceeding 30 years.
The State Department of Health shall adopt and enforce such
regulations as may be necessary for the reasonable administration of
the loan program which it is required by this section to establish
and administer.
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 by a fine of not less than one
hundred dollars ($100) or more than five hundred dollars ($500), or
by imprisonment for not more than six months, or by both.
A person is guilty of a separate offense each day during which he
or she commits, continues, or permits a violation of any provision
of, or any order, rule, or regulation made pursuant to, this chapter.
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 by the State Fire Marshal or salaried
deputy state fire marshals employed by the State of California, for
any violation of this part or of any regulation adopted pursuant to
this part, shall be deposited, as soon as practicable after the
receipt of the fine or forfeiture, with the county treasurer of the
county in which the court is situated. Amounts so deposited shall be
paid at least once a month as follows:
(a) One-half to the Treasurer, by warrant of the county auditor
drawn upon the requisition of the clerk or judge of the court, for
deposit in the California Fire and Arson Training Fund, on order of
the Controller. At the time of the transmittal, the county auditor
shall forward to the Controller, on the form or forms prescribed by
the Controller, a record of the imposition, collection, and payments
of the fines or forfeitures.
(b) One-half to the county in which the offense was committed for
disposition as provided in Section 1463 of the Penal Code.
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, when appropriated by the
Legislature, for the office of the State Fire Marshal to support fire
training.
13113. (a) Except as otherwise provided in this section, no person,
firm, or corporation shall establish, maintain, or operate any
hospital, children's home, children's nursery, or institution, home
or institution for the care of aged or senile persons, sanitarium or
institution for insane or mentally retarded persons, or nursing or
convalescent home, wherein more than six guests or patients are
housed or cared for on a 24-hour-per-day basis unless there is
installed and maintained in an operable condition in every building,
or portion thereof where patients or guests are housed, an automatic
sprinkler system approved by the State Fire Marshal.
(b) This section does not apply to homes or institutions for the
24-hour-per-day care of ambulatory children if all of the following
conditions are satisfied:
(1) The buildings, or portions thereof in which children are
housed, are not more than two stories in height and are constructed
and maintained in accordance with regulations adopted by the State
Fire Marshal pursuant to Section 13143 and building standards
published in the California Building Standards Code.
(2) The buildings, or portions thereof housing more than six
children, shall have installed and maintained in an operable
condition therein a fire alarm system of a type approved by the State
Fire Marshal. The system shall be activated by detectors responding
to invisible products of combustion other than heat.
(3) The buildings or portions thereof do not house mentally ill or
mentally retarded children.
(c) This section does not apply to any one-story building or
structure of an institution or home for the care of the aged
providing 24-hour-per-day care if the building or structure is used
or intended to be used for the housing of no more than six ambulatory
aged persons. However, the buildings or institutions shall have
installed and maintained in an operable condition therein a fire
alarm system of a type approved by the State Fire Marshal. The system
shall be activated by detectors responding to products of combustion
other than heat.
(d) This section does not apply to occupancies, or any alterations
thereto, located in type I construction, as defined by the State
Fire Marshal, under construction or in existence on March 4, 1972.
(e) "Under construction," as used in this section, means that
actual work shall have been performed on the construction site and
shall not be construed to mean that the hospital, home, nursery,
institution, sanitarium, or any portion thereof, is in the planning
stage.
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 facilities within the scope of
Sections 13143 and 13143.6, which provide 24-hour per day care, which
house six or fewer persons, and which do not have automatic
sprinkler systems.
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 entertainment shall make an
announcement of the availability of emergency exits prior to the
beginning of the live entertainment.
(b) As used in this section, "facility" means a building or
portion of a building having an assembly room with an occupancy load
of less than 1,000 persons and a legitimate stage for the gathering
together of 50 or more persons as defined pursuant to Division 2 of
Section 303.1.1 of Title 24 of the California Code of Regulations
(California Building Code of 2001).
13113.7. (a) Except as otherwise provided in this section, a smoke
detector, approved and listed by the State Fire Marshal pursuant to
Section 13114, shall be installed, in accordance with the
manufacturer's instructions in each dwelling intended for human
occupancy within the earliest applicable time period as follows:
(1) For all dwelling units intended for human occupancy, upon the
owner's application on or after January 1, 1985, for a permit for
alterations, repairs, or additions, exceeding one thousand dollars
($1,000).
(2) For all other dwelling units intended for human occupancy on
or after January 1, 1987.
However, if any local rule, regulation, or ordinance, adopted
prior to the compliance dates specified in paragraphs (1) and (2)
requires installation in a dwelling unit intended for human occupancy
of smoke detectors which receive their power from the electrical
system of the building and requires compliance with the local rule,
regulation, or ordinance at a date subsequent to the dates specified
in this section, the compliance date specified in the rule,
regulation, or ordinance shall, but only with respect to the dwelling
units specified in this section, take precedence over the dates
specified in this section.
The State Fire Marshal may adopt regulations exempting dwellings
intended for human occupancy with fire sprinkler systems from the
provisions of this section, if he or she determines that a smoke
detector is not reasonably necessary for fire safety in the
occupancy.
Unless prohibited by local rules, regulations, or ordinances, a
battery-operated smoke detector, which otherwise meets the standards
adopted pursuant to Section 13114 for smoke detectors, satisfies the
requirements of this section.
(b) "Dwelling units intended for human occupancy," as used in this
section, includes a duplex, lodging house, apartment complex, hotel,
motel, condominium, stock cooperative, time-share project, or
dwelling unit of a multiple-unit dwelling complex. For the purpose of
this part, "dwelling units intended for human occupancy" does not
include manufactured homes as defined in Section 18007, mobilehomes
as defined in Section 18008, and commercial coaches as defined in
Section 18001.8.
(c) The owner of each dwelling unit subject to this section shall
supply and install smoke detectors required by this section in the
locations and in the manner set forth in the manufacturer's
instructions, as approved by the State Fire Marshal's regulations. In
the case of apartment complexes and other multiple-dwelling
complexes, a smoke detector shall be installed in the common
stairwells. All fire alarm warning systems supplemental to the smoke
detector shall also be listed by the State Fire Marshal.
(d) A high rise structure, as defined in subdivision (b) of
Section 13210 and regulated by Chapter 3 (commencing with Section
13210), and which is used for purposes other than as dwelling units
intended for human occupancy, is exempt from the requirements of this
section.
(e) The owner shall be responsible for testing and maintaining
detectors in hotels, motels, lodging houses, and common stairwells of
apartment complexes and other multiple dwelling complexes.
An owner or the owner's agent may enter any dwelling unit,
efficiency dwelling unit, guest room, and suite owned by the owner
for the purpose of installing, repairing, testing, and maintaining
single station smoke detectors required by this section. Except in
cases of emergency, the owner or owner's agent shall give the tenants
of each such unit, room, or suite reasonable notice in writing of
the intention to enter and shall enter only during normal business
hours. Twenty-four hours shall be presumed to be reasonable notice in
absence of evidence to the contrary.
The smoke detector shall be operable at the time that the tenant
takes possession. The apartment complex tenant shall be responsible
for notifying the manager or owner if the tenant becomes aware of an
inoperable smoke detector within his or her unit. The owner or
authorized agent shall correct any reported deficiencies in the smoke
detector and shall not be in violation of this section for a
deficient smoke detector when he or she has not received notice of
the deficiency.
(f) A violation of this section is an infraction punishable by a
maximum fine of two hundred dollars ($200) for each offense.
(g) This section shall not affect any rights which the parties may
have under any other provision of law because of the presence or
absence of a smoke detector.
(h) This section shall not apply to the installation of smoke
detectors in single-family dwellings or factory-built housing which
is regulated by Section 13113.8, as added by Assembly Bill No. 2285
of the 1983-84 Regular Session.
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 smoke detector. The detector
shall be approved and listed by the State Fire Marshal and installed
in accordance with the State Fire Marshal's regulations. Unless
prohibited by local rules, regulations, or ordinances, a
battery-operated smoke detector shall be deemed to satisfy the
requirements of this section.
(b) On and after January 1, 1986, the transferor of any real
property containing a single-family dwelling, as described in
subdivision (a), whether the transfer is made by sale, exchange, or
real property sales contract, as defined in Section 2985 of the Civil
Code, shall deliver to the transferee a written statement indicating
that the transferor is in compliance with this section. The
disclosure statement shall be either included in the receipt for
deposit in a real estate transaction, an addendum attached thereto,
or a separate document.
(c) The transferor shall deliver the statement referred to in
subdivision (b) as soon as practicable before the transfer of title
in the case of a sale or exchange, or prior to execution of the
contract where the transfer is by a real property sales contract, as
defined in Section 2985. For purposes of this subdivision, "delivery"
means delivery in person or by mail to the transferee or transferor,
or to any person authorized to act for him or her in the
transaction, or to additional transferees who have requested delivery
from the transferor in writing. Delivery to the spouse of a
transferee or transferor shall be deemed delivery to a transferee or
transferor, unless the contract states otherwise.
(d) This section does not apply to any of the following:
(1) Transfers which are required to be preceded by the furnishing
to a prospective transferee of a copy of a public report pursuant to
Section 11018.1 of the Business and Professions Code.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers pursuant to a writ of execution, transfers by a
trustee in bankruptcy, transfers by eminent domain, or transfers
resulting from a decree for specific performance.
(3) Transfers to a mortgagee by a mortgagor in default, transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by any foreclosure sale after default, transfers by any
foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale.
(4) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
(5) Transfers from one coowner to one or more coowners.
(6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
(7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation, or from
a property settlement agreement incidental to either of those
decrees.
(8) Transfers by the Controller in the course of administering the
Unclaimed Property Law provided for in Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(9) Transfers under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6
of Division 1 of the Revenue and Taxation Code.
(e) No liability shall arise, nor any action be brought or
maintained against, any agent of any party to a transfer of title,
including any person or entity acting in the capacity of an escrow,
for any error, inaccuracy, or omission relating to the disclosure
required to be made by a transferor pursuant to this section.
However, this subdivision does not apply to a licensee, as defined in
Section 10011 of the Business and Professions Code, where the
licensee participates in the making of the disclosure required to be
made pursuant to this section with actual knowledge of the falsity of
the disclosure.
(f) Except as otherwise provided in this section, this section
shall not be deemed to create or imply a duty upon a licensee, as
defined in Section 10011 of the Business and Professions Code, or
upon any agent of any party to a transfer of title, including any
person or entity acting in the capacity of an escrow, to monitor or
ensure compliance with this section.
(g) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney's fees.
(h) Local ordinances requiring smoke detectors in single-family
dwellings may be enacted or amended. However, the ordinances shall
satisfy the minimum requirements of this section.
(i) For the purposes of this section, "single-family dwelling"
does not include a manufactured home as defined in Section 18007, a
mobilehome as defined in Section 18008, or a commercial coach as
defined in Section 18001.8.
(j) This section shall not apply to the installation of smoke
detectors in dwellings intended for human occupancy, as defined in
and regulated by Section 13113.7 of the Health and Safety Code, as
added by Senate Bill No. 1448 in the 1983-84 Regular Session.
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) "Residential dwelling" means a house, apartment, motel, hotel,
or other type of residential dwelling subject to the State Housing
Law (Part 1.5 (commencing with Section 17910) of Division 13) and a
manufactured home, mobilehome, and multiunit manufactured housing as
defined in the Mobilehome-Manufactured Housing Act of 1980 (Part 2
(commencing with Section 18000) of Division 13).
(b) On or before July 1, 1998, the State Fire Marshal shall
develop and adopt regulations for the labeling and packaging of
burglar bars addressing the requirements in the California Building
Standards Code intended to promote safety in the event of a fire. For
this purpose, the regulations shall include specification of the
language to be printed on the packaging, the location of the language
on the packaging, and the height and stroke of the print type to be
utilized. The regulations shall direct the consumer or installer to
contact the local fire department or local building official to
determine whether the city or county requires that the burglar bars
have a release mechanism on the outside for use by the fire
department in the event of a fire emergency.
(c) Burglar bars shall not be sold in California at wholesale or
retail unless the burglar bars are either labeled or their packaging
contains the warning information specified in the regulations adopted
pursuant to subdivision (b).
(d) Any contractor or installer of burglar bars shall provide the
owner of the residential dwelling a copy of the warning information
required pursuant to subdivision (b) prior to installing burglar
bars.
(e) No person shall install unopenable burglar bars on a
residential dwelling (1) where the California Building Standards Code
requires openable burglar bars for emergency escape or rescue, or
(2) on mobilehomes, manufactured homes, or multiunit manufactured
housing unless at least one window or door to the exterior in each
bedroom is openable for emergency escape or rescue.
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 necessary to control the quality and
installation of fire alarm systems and fire alarm devices marketed,
distributed, offered for sale, or sold in this state.
(b) No person shall market, distribute, offer for sale, or sell
any fire alarm system or fire alarm device in this state unless the
system or device has been approved and listed by the State Fire
Marshal.
(c) (1) The State Fire Marshal shall convene a working group to
address the issues specified in paragraph (2), made up of the
following representatives to the extent they are willing to
participate:
(A) Representatives of at least four manufacturers of fire alarm
devices or systems whose products are currently listed pursuant to
this section and whose names are provided to the State Fire Marshal
as manufacturer representatives by the National Electrical
Manufacturers Association.
(B) A fire protection engineer who is not associated with the
State Fire Marshal's Office.
(C) Staff from the State Fire Marshal's Office for consultation
purposes, as determined by the State Fire Marshal.
(D) Representatives of four local fire marshals with experience in
building plan checking and code compliance.
(E) A representative of a nationally recognized testing
laboratory.
(F) The State Fire Marshal or his or her designee.
(2) (A) Giving due consideration to public safety issues, the
working group shall develop a process for listing of fire alarms and
safety devices by the State Fire Marshal. Listing shall be approved
upon receipt of certification of the fire alarm by a State Fire
Marshal approved nationally recognized testing laboratory. All
appropriate fees associated with the building materials listing
application must be received by the Office of the California State
Fire Marshal prior to approval.
(B) Implementation of the process developed pursuant to
subparagraph (A) of paragraph (2) of subdivision (c) shall be through
administrative action or legislative action in the regular session
commencing December 4, 2006 and shall go into effect no later than
January 1, 2008.
(3) (A) The State Fire Marshal shall appoint the members of the
working group no later than October 1, 2006, and shall convene the
first meeting of the working group no later than November 1, 2006.
(B) The State Fire Marshal shall approve the revised process no
later than March 30, 2007.
(C) Nothing in this section shall preclude the State Fire Marshal
and members of the fire alarm safety devices from convening in an ad
hoc working group in advance of the effective date of this statute.
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, public education materials about
the dangers of illegal burglar bars. These public education
materials shall use multiple media, including Braille, 18-point type,
cassette tape, and computer disk for those who are print impaired,
and multiple languages, as the State Fire Marshal determines
appropriate.
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 safety release mechanisms for
emergency escape/rescue windows or doors installed, marketed,
distributed, offered for sale, or sold in this state.
(b) On and after July 1, 2000, no person shall install, market,
distribute, offer for sale, or sell burglar bars and safety release
mechanisms for emergency escape/rescue windows or doors in this state
unless the burglar bars and safety release mechanisms have been
approved by a testing laboratory recognized by the State Fire
Marshal.
(c) As used in this section:
(1) "Burglar bars" means security bars located on the inside or
outside of a door or window of a residential dwelling.
(2) "Residential dwelling" means a house, apartment, motel, hotel,
or other type of residential dwelling subject to the State Housing
Law (Part 1.5 (commencing with Section 17910) of Division 13) and a
manufactured home, mobilehome, and multiunit manufactured housing as
defined in the Mobilehomes-Manufactured Housing Act of 1980 (Part 2
(commencing with Section 18000) of Division 13).
(3) "Emergency escape/rescue windows or doors" means the exits
required by Section 1-310.4 of the 1998 edition of the California
Building Standards Code, or its successor.
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 is owned or leased by a
public agency, unless the burglar bars meet current state and local
requirements, as applicable, for burglar bars and safety release
mechanisms.
(b) As used in this section:
(1) "Burglar bars" means security bars located on the inside or
outside of a door or window of a residential dwelling.
(2) "Public agency" means any of the following:
(A) A state agency, department, board, or commission.
(B) The University of California.
(C) A local agency, including, but not limited to, a city,
including a charter city, county, city and county, community
redevelopment agency, housing authority, special district, or any
other political subdivision of the state.
(3) "Residential dwelling" means a house, apartment, motel, hotel,
or other type of residential dwelling subject to the State Housing
Law (Part 1.5 (commencing with Section 17910) of Division 13) and a
manufactured home, mobilehome, and multiunit manufactured housing as
defined in the Mobilehomes-Manufactured Housing Act of 1980 (Part 2
(commencing with Section 18000) of Division 13).
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. M-14
class 1--Automatic fire sprinkler systems with direct connection from
public water mains only; no pumps, tanks, or reservoirs; no physical
connection from other water supplies; no antifreeze or additives of
any kind; and all sprinkler drains discharging to the atmosphere or
other safe outlets.
(2) American Water Works Association (A.W.W.A.) Manual No. M-14
class 2--Automatic fire sprinkler systems which are the same as class
1, except that booster pumps may be installed in the connections
from the street mains.
(b) Automatic fire sprinkler systems described in subdivision (a)
shall not require any backflow protection equipment at the service
connection other than required by standards for those systems
contained in the publication of the National Fire Protection
Association entitled "Installation of Sprinkler Systems" (N.F.P.A.
Pamphlet No. 13, 1980 edition).
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, dance hall, or a similar exhibition,
production, engagement or offering or other place of assemblage in or
under which 10 or more persons may gather for any lawful purpose, in
any tent, awning or other fabric enclosure unless a tent, awning or
other fabric enclosure, and all auxiliary tents, curtains, drops,
awnings and all decorative materials, are made from a nonflammable
material or are treated and maintained in a flame-retardant
condition. This subdivision shall not apply to tents used to conduct
committal services on the grounds of a cemetery, nor to tents,
awnings or other fabric enclosures erected and used within a sound
stage, or other similar structural enclosure which is equipped with
an overhead automatic sprinkler system.
(b) One year after the adoption of regulations by the State Fire
Marshal, but not later than July 1, 1976, it shall be unlawful for
any person to sell or offer for sale any tent designed and intended
for use for occupancy by less than 10 persons unless the tent is made
from flame-retardant fabrics or materials approved by the State Fire
Marshal. One year after the adoption of regulations by the State
Fire Marshal, but not later than July 1, 1976, all tents manufactured
for sale in this state shall be flame retardant and shall be labeled
in a manner specified by the State Fire Marshal. Any manufacturer of
tents for sale in this state who fails to use flame-retardant
fabrics or materials or who fails to label them as specified by the
State Fire Marshal shall be strictly liable for any damage which
occurs to any person as a result of a violation of this section.
(c) "Flame retardant," as used in this section, means a fabric or
material resistant to flame or fire to the extent that it will
successfully withstand standard fire-resistive tests adopted and
promulgated by the State Fire Marshal.
13116. Except as provided in Section 18930, the State Fire Marshal
shall prepare and adopt rules and regulations establishing minimum
requirements for the prevention of fire and panic in connection with
the use of tents, awnings or other fabric enclosures. The State Fire
Marshal shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 of this code for the purposes described in this section.
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 approved by the State Fire Marshal.
(b) For purposes of this section:
(1) "Liquefied petroleum gas" has the same meaning as that term is
defined by Section 380 of the Vehicle Code.
(2) "Detector" means any electronic or mechanical device which
monitors the unintended or accidental release of liquefied petroleum
gas from any tank or other storage facility.
(3) "Automatic high pressure shutoff device" means a device which
meets all of the following requirements:
(A) Senses excess pressure and automatically shuts off the
liquefied petroleum gas supply system before the pressure reaches a
danger level.
(B) At the same time, signals the shutoff with a red indicator.
(C) Prevents the unit to be reset until the high pressure problem
has been corrected.
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 86-813; 74 Stats. 372; 15 U.S.C., Sec.
1261, et seq.) which are in effect on January 1, 1979, or which are
adopted on or after that date.
Any person, firm, or corporation in violation of the provisions of
this section shall be guilty of a misdemeanor.
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 liquors are sold for consumption on
the premises, or any dance hall, skating rink, theater, motion
picture theater, auditorium, school, or any other place of public
assemblage used, or intended for use, as a place of amusement,
entertainment, instruction, display, or exhibition, unless all
drapes, hangings, curtains, drops and all other similar decorative
materials that would tend to increase the fire or panic hazard, are
made from a nonflammable material, or are treated and maintained in a
flame-retardant condition as defined in Section 13115. The
provisions of this section shall not apply to portions of the
premises which are not a part of and are not directly connected with
that portion of the premises used for any of the above purposes.
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 regulate the manufacture, sale
and application of flame-retardant chemicals and the sale of
flame-retardant treated fabrics or materials used or intended for use
in connection with any occupancy mentioned in Sections 13115 and
13119.
13121. The State Fire Marshal shall, before approving any
flame-retardant chemical, fabric or material, require that
flame-retardant chemicals and flame-retardant fabrics or materials be
submitted to a laboratory approved by him or her for testing in
accordance with the standards established pursuant to Section 13120.
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 fabrics or materials, and
flame-retardant application concerns approved by him or her. He or
she may, without cost, furnish a single copy of each list to each
flame-retardant chemical and application concern that is registered
and approved by him or her and to all California fire officials.
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 flame-retardant application concern where
he or she finds after a hearing that any of the following causes
exists:
(a) Selling or offering for sale a flame-retardant chemical or a
flame-retardant material that is inferior to that submitted for test
and approval.
(b) Distributing or disseminating or causing to be distributed or
disseminated, misleading or false information with respect to any
flame-retardant chemical, fabric or material.
(c) Changing the flame-retardant chemical formula or methods of
flame-retardant treatment without first notifying and obtaining
approval of the change by, the State Fire Marshal.
(d) Using chemicals other than those shown on the State Fire
Marshal's approved list.
(e) Using chemicals for the treatment of materials for which they
have not been approved.
(f) Failure to adequately and properly treat a fabric or material
to make it flame-retardant to the extent that it will successfully
pass the flame-retardant tests established by the State Fire Marshal.
(g) Violating any minimum standard or any rule or regulation
adopted pursuant to Section 13120.
The proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the State Fire Marshal shall have all the
powers granted therein. Pending hearing and decision the State Fire
Marshal may temporarily remove any name from the approved list for a
period not to exceed 30 days, if he or she finds that the action is
required in the public interest. In any such case the order of
temporary removal shall be effective upon notice to the persons
affected thereby, and a hearing shall be held and a decision issued
within 30 days after the notice.
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 the approved list for a
period of 90 days from the date of the removal.
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, accompanied by a new
registration fee, has been filed with the State Fire Marshal.
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 specific procedures for the
approval of flame-retardant chemicals, flame-retardant materials and
flame-retardant applicator concerns whose names are to appear on the
approved list.
13127. (a) Any chemical manufacturing concern, or any
flame-retardant application concern, or any concern marketing a
flame-retardant fabric or material that desires to have its name
appear on the approved list shall first make application to the State
Fire Marshal on forms provided by the State Fire Marshal.
(b) For purposes of this section, Sections 13128 and 13129:
(1) "General applicator" means a concern that engages in the
business of or performs for a fee the application of a
flame-retardant compound or chemical to any textile including
decorative materials.
(2) "Limited applicator" means a concern that engages in the
business of or performs for a fee the application of a
flame-retardant compound or chemical to nontextile decorative items,
including Christmas trees.
(c) (1) The annual registration fee renewal period for chemical
manufacturing concerns, concerns marketing a flame-retardant fabric
or material, and general applicators shall begin on January 1 and end
on May 1 preceding the registration year for which the renewal is
requested. A penalty of 50 percent of the listing fee shall be
assessed in all cases where the renewal fees are not paid on or
before May 1, preceding the registration year for which renewal is
requested.
(2) The annual registration fee renewal period for limited
applicators shall begin September 15 and end on October 31 preceding
the registration year for which the renewal is requested. A penalty
of 50 percent of the listing fee shall be assessed in all cases where
the fees are not paid on or before October 31, preceding the
registration year for which renewal is requested.
(d) All applications shall be accompanied by a registration fee
established by the State Fire Marshal. The registration fee shall not
exceed the amount necessary to cover the costs incurred by the State
Fire Marshal in carrying out Sections 13120 to 13126, inclusive.
13128. (a) The annual and renewal registration fee period for
chemical manufacturing concerns, concerns marketing a flame-retardant
fabric or material, and general applicators shall be for the fiscal
year period from July 1 to June 30 or for the remaining portion
thereof.
(b) The annual and renewal registration fee period for limited
applicators shall be for the fiscal year period from November 1 to
October 31 or for the remaining portion thereof.
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 flame-retardant general applicator
concerns for which renewal registration fees have not been paid prior
to May 1 of each year.
(b) The State Fire Marshal shall remove from the approved list the
names of all flame-retardant limited applicator concerns that have
not paid their renewal registration fee prior to October 31 of each
year.
13130. All money collected pursuant to this chapter shall be
deposited in the State Fire Marshal Licensing and Certification Fund
established pursuant to Section 13137, and shall be available to the
State Fire Marshal upon appropriation by the Legislature to carry out
the purposes of this chapter.
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 unable, to physically and
mentally respond to a sensory signal approved by the State Fire
Marshal, or an oral instruction relating to fire danger, and persons
who depend upon mechanical aids such as crutches, walkers, and
wheelchairs. The determination of ambulatory or nonambulatory status
of persons with developmental disabilities shall be made by the
Director of Social Services or his or her designated representative,
in consultation with the Director of Developmental Services or his or
her designated representative. The determination of ambulatory or
nonambulatory status of all other disabled persons placed after
January 1, 1984, who are not developmentally disabled shall be made
by the Director of Social Services, or his or her designated
representative.
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 facility for the elderly and licensed
to care for more than six persons:
(1) The entire building shall have installed a State Fire Marshal
approved fully automatic fire extinguishing system, designed and
installed in accordance with Section 2-3801(d) of Chapter 2-38 of
Part 2 of Title 24 of the California Code of Regulations.
(2) The entire building shall have installed a State Fire Marshal
approved and listed manual fire alarm system.
(3) The entire building shall be of at least Type V one-hour fire
resistive construction, as described in Chapter 2-22 of Part 2 of
Title 24 of the California Code of Regulations.
(4) A building with individual floor areas over 6,000 square feet
per floor shall have an approved smoke barrier dividing the floor
approximately in half, unless there is direct exiting available from
each dwelling unit.
(b) All of the following building standards shall apply to any
two-story building housing nonambulatory persons on a second floor,
which is operated as a residential care facility for the elderly and
licensed to care for more than six persons:
(1) The entire building shall have installed a State Fire Marshal
approved fully automatic fire extinguishing system, designed and
installed in accordance with Section 2-3801(d) of Chapter 2-38 of
Part 2 of Title 24 of the California Code of Regulations.
(2) The entire building shall have installed a State Fire Marshal
approved and listed automatic fire alarm system.
(3) The entire building shall be of at least Type V one-hour fire
resistive construction, as described in Chapter 2-22 of Part 2 of
Title 24 of the California Code of Regulations.
(4) A building with individual floor areas over 6,000 square feet
per floor shall have an approved smoke barrier dividing the floor
approximately in half, without regard to whether direct exiting is
available from each dwelling unit.
(5) The entire building shall have at least two sets of enclosed
stairways.
(c) All of the following building standards shall apply to any
multistory building housing nonambulatory persons on the third,
fourth, or fifth floor, which is operated as a residential care
facility for the elderly and licensed to care for more than six
persons:
(1) The entire building, unless otherwise exempt pursuant to
subdivision (d) of Section 13113, shall have installed a State Fire
Marshal approved fully automatic fire extinguishing system, designed
and installed in accordance with Section 2-3801(d) of Chapter 2-38 of
Part 2 of Title 24 of the California Code of Regulations.
(2) The entire building shall have installed a State Fire Marshal
approved and listed automatic fire alarm system.
(3) The entire building shall be of Type II fire resistive
construction, as described in Chapter 2-19 of Part 2 of Title 24 of
the California Code of Regulations.
(4) A building with individual floor areas over 6,000 square feet
per floor shall have an approved smoke barrier dividing the floor
approximately in half, without regard to whether direct exiting is
available from each dwelling unit.
(5) The entire building shall have at least two sets of enclosed
stairways.
(d) All of the following building standards shall apply to any
multistory building housing nonambulatory persons on floors above the
fifth floor, which is operated as a residential care facility for
the elderly and licensed to care for more than six persons:
(1) The entire building, unless otherwise exempt pursuant to
subdivision (d) of Section 13113, shall have installed a State Fire
Marshal approved fully automatic fire extinguishing system, designed
and installed in accordance with Section 2-3801(d) of Chapter 2-38 of
Part 2 of Title 24 of the California Code of Regulations.
(2) The entire building shall have installed a State Fire Marshal
approved and listed automatic fire alarm system.
(3) The entire building shall be Type I fire resistive
construction, as described in Chapter 2-18 of Part 2 of Title 24 of
the California Code of Regulations.
(4) A building with individual floor areas over 6,000 square feet
per floor shall have an approved smoke barrier dividing the floor
approximately in half, without regard to whether direct exiting is
available from each dwelling unit.
(5) The entire building shall have at least two sets of enclosed
stairways.
(e) This section and the regulations adopted by the State Fire
Marshal pursuant to subdivision (f) shall apply uniformly throughout
the state and no city, county, city and county, or district shall
adopt any ordinance, rule, or regulation which is inconsistent with
this section or with the regulations adopted by the State Fire
Marshal pursuant to subdivision (f).
(f) The State Fire Marshal shall adopt regulations establishing a
reasonable fee, not to exceed the actual costs of inspection to the
agency conducting the inspection, for the final inspection of any
facility which is subject to the standards established pursuant to
this section.
(g) This section shall be enforced in accordance with the division
of authority prescribed in Section 13146.
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 authority having jurisdiction within five
days of the admission or readmission of a patient stating that such
patient is an ambulatory or a nonambulatory person and enumerating
the reasons for such classification. Such a statement shall also be
filed for each existing patient within 30 days of the effective date
of this section.
Any statement required to be filed pursuant to this section shall
be certified as to its correctness by the person attending such
patient.
It shall be unlawful for any person, firm, or corporation required
to file a statement pursuant to this section to include false
statements therein. Any such act shall be in violation of this
section and subject to the provisions of Section 13112.