reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13185.

13185. The issuance of a license or certificate of registration may be denied by the State Fire Marshal for any of the following reasons:
(a)  The applicant is not the real person in interest.
(b)  Material misrepresentation or false statement in the application.
(c)  Refusal to allow inspection by the State Fire Marshal or his duly authorized employees.
(d)  The applicant for a license does not have the proper or necessary facilities, including qualified personnel, to conduct the operations for which application is made.
(e)  The applicant for a certificate of registration does not possess the qualifications of skill or competence to conduct the operations for which application is made as evidenced by failure to pass the examination pursuant to Article 3 (commencing with Section 13175) of this chapter.
(f)  Refusal to take the examination required by Section 13177 of this chapter.
(g)  The applicant has been convicted of a violation of the provisions of this chapter of the regulations adopted by the State Fire Marshal pursuant to this chapter.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13186.

13186. Within 30 days after receipt of notice of denial sent by the State Fire Marshal by registered or certified mail to the applicant’s last address of record, the applicant may file with the State Fire Marshal a request for statement of issues. Such request shall not be deemed an answer to the statement of issues, a request for a hearing, or a notice of defense. Unless the State Fire Marshal files a statement of issues regarding the denial of the appliction within 30 days after the timely filing of such request, the license or certificate of registration shall be issued.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13187.

13187. When a statement of issues has been so filed, the State Fire Marshal may order denial pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13188.

13188. A license or certificate of registration may be suspended or revoked by the State Fire Marshal pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code, for any of the following reasons:
(a)  The applicant is not the real person in interest.
(b)  Material misrepresentation or false statement in the application.
(c)  Violation of any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to this chapter.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13188.1.

13188.1. The State Fire Marshal may, upon a preliminary finding of a violation of the provisions of this part, suspend any license or certificate of registration for a period not exceeding 30 days pending investigation of any violation of the provisions of this part.
(Added by Stats. 1989, Ch. 909, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13188.2.

13188.2. Any applicant who has been denied a license or certificate of registration or who has had a license or certificate of registration suspended, shall be entitled to a hearing in accordance with the provisions of this part.
(Added by Stats. 1989, Ch. 909, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 4 - Denial, Revocation, and Suspension › Section 13188.3.

13188.3. Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1989, Ch. 909, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 5 - Fees › Section 13189.

13189. (a)  The original and annual renewal fee for any license or a certificate of registration issued pursuant to this chapter shall be established by the State Fire Marshal. That fee shall not exceed the amount necessary to cover the costs incurred in the administration and enforcement of this chapter.
(b)  A penalty fee equal to 50 percent of the required annual license fee or certificate of registration fee shall be added to the fee in all cases where the fee for a renewal is not paid on or before November 1.
(Repealed and added by Stats. 1983, Ch. 1313, Sec. 16.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 5 - Fees › Section 13190.

13190. No special fee other than that charged for an ordinary business license shall be charged for any natural person, corporation, firm, or association, by any city, county, city and county or fire protection district, for the privilege of performing acts involving servicing, charging or testing of portable fire extinguishers.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 6 - Enforcement › Section 13190.1.

13190.1. Except as provided in this article, the State Fire Marshal shall enforce in all areas of the state, the provisions of this chapter and the regulations and standards adopted by him pursuant to Section 13160.
The provisions of this chapter and the regulations and standards adopted by the State Fire Marshal pursuant to Section 13160 shall not apply to any firm or corporation not engaged in the business of servicing, charging or testing portable fire extinguishers and that maintains its own fully equipped and specially staffed fire prevention and protection department, or to any employee of any such firm or corporation while acting in the scope of his employment.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 6 - Enforcement › Section 13190.2.

13190.2. Any governmental agency, including the state, and any city, county, district, or any other political subdivision or public corporation of the state, may, in their respective areas of jurisdiction, enforce ordinances, regulations, and orders adopted by such agency relating to the number, size, and type of portable fire extinguishers required to be installed or provided. Such agencies may, in their respective areas of jurisdiction, also enforce the regulations adopted by the State Fire Marshal relating to care, maintenance, and frequency of servicing, charging, and testing of portable fire extinguishers.
Nothing in this article shall diminish the enforcement responsibility and authority conferred upon any governmental agency pursuant to any other state statute.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 6 - Enforcement › Section 13190.3.

13190.3. Any portable fire extinguisher that is required to be installed by any statute or ordinance shall be maintained in accordance with the regulations adopted pursuant to Section 13160.
(a)  The owner or occupant of a property in which fire extinguishers are located shall be responsible for the inspection, maintenance, and recharging of the fire extinguishers.
(b)  Maintenance, servicing, and recharging shall be performed by concerns licensed by the State Fire Marshal having available the appropriate servicing manual, the proper types of tools, recharge materials, lubricants, and manufacturer’s recommended replacement parts or parts of equal quality.
(Amended by Stats. 1988, Ch. 615, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.5 - Portable Fire Extinguishers › ARTICLE 6 - Enforcement › Section 13190.4.

13190.4. Every person who violates any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to Section 13160 is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than six months, or by both such fine and imprisonment.
A person is guilty of a separate offense each day during which he commits, continues, or permits a violation of this chapter or of any regulation adopted pursuant to this chapter.
(Added by Stats. 1968, Ch. 802.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13195.

13195. The State Fire Marshal shall adopt and administer the regulations and building standards he or she deems necessary in order to (1) establish and control a program for servicing, testing, and maintaining all automatic fire extinguishing systems, including but not limited to, fire sprinkler systems, engineered and preengineered fixed extinguishing systems, standpipe systems, and water flow alarm devices and (2) establish minimum frequencies of service, inspection, and testing for the various types of automatic fire extinguishing systems. All tests of automatic sprinkler systems shall include a test of all supervisory signaling equipment that is provided to determine whether a condition exists that will impair the satisfactory operation of the system.
The regulations and building standards established by the State Fire Marshal for servicing, testing, and maintaining automatic fire extinguishing systems shall consider the requirements of the applicable standards of the National Fire Protection Association and the voluntary standards published by the State Fire Marshal entitled the “California Voluntary Standards for Residential Sprinkler Systems,” dated January 1982.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13195.5.

13195.5. Every automatic fire extinguishing system, including, but not limited to, fire sprinkler systems, engineered and preengineered fixed extinguishing systems, standpipe systems, and alarm and supervisory equipment attached to those systems shall be serviced, tested, and maintained in accordance with the regulations and building standards adopted by the State Fire Marshal pursuant to Section 13195.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13196.

13196. The regulations and building standards adopted pursuant to Section 13195 shall be enforced pursuant to Sections 13145 and 13146.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13196.5.

13196.5. (a)  Except as provided in subdivisions (b), (c), and (d), no person shall engage in the business of servicing or testing automatic fire extinguishing systems without a license issued by the State Fire Marshal pursuant to this chapter.
(b)  Persons who engage in the business of servicing or testing fire alarm devices, water flow alarm devices, or the supervisory signaling components of automatic fire extinguishing systems shall not be subject to the licensing requirements contained in this chapter.
(c)  Industrial systems may be serviced or tested by, or under the supervision of, an engineer employed by a private entity who shall not be subject to the licensing requirements contained in this chapter unless he or she performs the service or testing for a fee outside of the employment relationship.
(d)  Any specialty contractor, as defined in subdivision (b) of Section 7058 of the Business and Professions Code, shall not be subject to the licensing requirements contained in this chapter.
(Amended by Stats. 1985, Ch. 253, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13197.

13197. The State Fire Marshal shall adopt regulations to establish and maintain the licensing program required by this chapter. To the extent the State Fire Marshal determines is necessary to carry out the provisions of this chapter, the regulations may provide for, but need not be limited to, requirements that the applicant for a license pass an examination or possess the qualifications necessary to perform the prescribed service, maintenance, and testing, or both.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13197.5.

13197.5. A license may be denied or revoked by the State Fire Marshal for either of the following reasons:
(a)  The applicant made a material misrepresentation or false statement in the application.
(b)  Violation of any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to this chapter.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13197.6.

13197.6. (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person licensed under this chapter to pay a monetary penalty to the State Fire Marshal in lieu of an actual license suspension, the State Fire Marshal or his or her designee may stay the execution of all or part of the suspension if all of the following conditions are met:
(1) The violation that is the cause for the suspension did not pose, or have the potential to pose, a significant threat or risk of harm to the public.
(2) The licensee pays a monetary penalty.
(3) The licensee does not incur any other cause for disciplinary action within a period of time specified by the State Fire Marshal or his or her designee.
In making the determination, the State Fire Marshal or his or her designee shall consider the seriousness of the violation, the violator’s record of compliance with the law, the impact of the determination on the licensee, the licensee’s employees or customers, and other relevant factors.
(b) The State Fire Marshal or his or her designee may exercise the discretion granted under this section either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the licensee or by stipulation with the licensee after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the licensee shall be made part of a formal decision of the State Fire Marshal or his or her designee.
(c) If a licensee fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the State Fire Marshal or his or her designee, the State Fire Marshal or his or her designee may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the licensee shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the State Fire Marshal under the terms of the decision.
(d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision.
(e) Any monetary penalty received pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund.
(f) On or before March 1 of each year, the State Fire Marshal shall make available to the public data showing the percentage of enforcement actions taken that resulted in license suspension or the assessment of monetary penalties pursuant to this section.
(Added by Stats. 2010, Ch. 161, Sec. 3. (AB 1773) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13198.

13198. The State Fire Marshal shall adopt a schedule of fees to be paid by licensees in an amount which is necessary to cover the cost of administering and enforcing the provisions of this chapter by the State Fire Marshal. Any city or county fire department, or any district providing fire protection services may adopt a schedule of fees as required to cover the cost of enforcing the provisions of this chapter.
The annual and renewal license shall be valid for the period from January 1, to December 31.
The annual license fee renewal period shall begin on September 1 and end on November 1 preceding the license year for which the renewal is requested. A penalty of 50 percent of the license fee shall be assessed in all cases where the renewal fees are not paid on or before November 1, preceding the license year for which renewal is requested.
(Amended by Stats. 1989, Ch. 529, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13198.5.

13198.5. It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and building standards adopted by the State Fire Marshal pursuant to Section 13195 shall apply uniformly throughout the State of California, and no state agency, county, city and county, or district shall adopt or enforce any ordinance or rule or regulation regarding automatic fire extinguishing systems which is inconsistent with the provisions of this chapter or the regulations and standards adopted by the State Fire Marshal.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 1.8 - Automatic Fire Extinguisher Systems › Section 13199.

13199. Any person who violates any provisions of this chapter or any regulation or building standard adopted by the State Fire Marshal pursuant to Section 13195 is guilty of a misdemeanor punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both such fine and imprisonment.
A person is guilty of a separate offense each day during which he or she commits, continues, or permits a violation of this chapter or any regulation or building standards adopted pursuant to this chapter.
(Added by Stats. 1982, Ch. 699, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 2 - Clothes Cleaning Establishments › Section 13201.

13201. The minimum building standards for all drycleaning plants and processes in this state shall be the provisions published in the State Building Standards Code. The State Fire Marshal shall adopt regulations for protection against fire and panic safety in drycleaning plants and processes, other than building standards, reasonably consistent with the Uniform Fire Code, 1979 edition, and its referenced document, as published by the International Conference of Building Officials and the Western Fire Chiefs Association, Inc. The State Fire Marshal shall adopt building standards for such purposes, reasonably consistent with such model code, and submit such building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code. Any local agency may adopt more restrictive building standards and regulations relating to fire and panic safety in drycleaning plants.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 2 - Clothes Cleaning Establishments › Section 13202.

13202. Facilities which are in existence on the effective date of this section need not mandatorily conform or be made to conform with the requirements of Section 13201 for new construction if in the opinion of the enforcing authority there is a reasonable degree of fire and life safety in such facilities.
(Repealed and added by Stats. 1972, Ch. 991.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 2 - Clothes Cleaning Establishments › Section 13203.

13203. The division of authority for the enforcement of this chapter shall be as follows:
(a)  The chief of any city or county fire department or fire protection district and their authorized representatives in their respective areas on matters relating to fires and fire protection, and the State Fire Marshal outside of such areas.
(b)  The local building official on matters relating to building construction.
(Repealed and added by Stats. 1972, Ch. 991.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13210.

13210. As used in this chapter:
(a)  “Existing high-rise structure” means a high-rise structure, the construction of which is commenced or completed prior to July 1, 1974.
(b)  “High-rise structure” means every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access, except buildings used as hospitals, as defined in Section 1250.
(c)  “New high-rise structure” means a high-rise structure, the construction of which is commenced on or after July 1, 1974.
(Amended by Stats. 1974, Ch. 1246.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13211.

13211. The State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt building standards relating to fire and panic safety in high-rise structures and submit such building standards for approval and publication in the State Building Standards Code pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code. The State Fire Marshal shall prepare and adopt other regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire and panic in high-rise structures. Such regulations shall differentiate between existing high-rise structures and new high-rise structures.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13212.

13212. Subject to the provisions of Sections 25 and 18943 of this code, regulations adopted by the State Fire Marshal pursuant to Section 13211 applicable to new high-rise structures shall be adopted on or before July 1, 1974, and shall become effective July 1, 1974. Such regulations may include, but not be limited to, requirements with respect to the following elements:
(a)  Automatic smoke and fire detection systems.
(b)  Automatic fire extinguishing systems.
(c)  An intrastructure communication system for those engaged in fire suppression activities.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13213.

13213. (a)  Building standards and other regulations of the State Fire Marshal applicable to existing high-rise structures shall provide to the greatest feasible extent for the safety of occupants of the high-rise structure and persons involved in fire suppression activities. All existing high-rise structures shall be conformed to the requirements contained in such building standards and such other regulations on or before April 26, 1979.
(b)  The period for compliance with such requirements may be extended upon showing of good cause for such extension if a systematic and progressive plan of correction is submitted to, and approved by, the enforcing agency. Such extension shall not exceed two years from the date of approval of such plan. Any plan of correction submitted pursuant to this subdivision shall be submitted and approved on or before April 26, 1979.
(c)  This section shall not apply to structures located in a city and county if all of the following conditions exist:
(1)  The structure is used solely for residential purposes.
(2)  The structure contains 12 or fewer dwelling units.
(3)  Each dwelling unit in the structure is owner-occupied.
(4)  The structure is made of reinforced concrete.
(5)  Each dwelling unit in the structure has at least two exits, one of which may be an existing exterior fire escape.
(Amended by Stats. 1980, Ch. 1378.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13214.

13214. The provisions of this chapter, building standards applicable to high-rise structures published in the State Building Standards Code relating to fire and panic safety, and the other regulations of the State Fire Marshal adopted pursuant to this chapter shall be enforced in the same manner as provided in Sections 13145 and 13146. The State Fire Marshal, his deputies, or his salaried assistants, the chief of any city or county fire department or district providing fire protection services, and their authorized representatives, may enter any building, premises, or portion thereof 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 deputies, his salaried assistants, or the chief or any city or county fire department or district providing fire protection services, or their authorized representatives, to enter and inspect the building or premises at the time and for the purpose stated in this chapter.
(Amended by Stats. 1980, Ch. 118.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13215.

13215. It is unlawful for any person to construct or maintain any highrise structure in violation of the provisions of this chapter, building standards published in the State Building Standards Code relating to fire or panic safety, or other regulations adopted pursuant to the provisions of this chapter. Any person who violates these provisions, standards, or regulations is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not to exceed six months in the county jail or by a fine not to exceed ten thousand dollars ($10,000), or both.
A person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision, standard, or regulation within this section is continued or permitted to continue by that person after the person has been notified of the violation by the appropriate enforcing agency. In addition, any condition existing in violation of any provision, standard, or regulation within this section is a public nuisance and may be summarily abated.
(Amended by Stats. 1981, Ch. 443.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13216.

13216. The governing body of any city or county may impose greater restrictions with respect to high-rise structures than are imposed by the building standards published in the State Building Standards Code relating to fire or panic safety or the other regulations of the State Fire Marshal adopted pursuant to this chapter.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 3 - High Rise Structures › Section 13217.

13217. (a)  A city, county, or city and county fire department or district providing fire protection services may annually inspect all highrise structures for compliance with building standards and other regulations of the State Fire Marshal. If a local agency elects to perform the inspection, the results of the inspection shall be submitted to the State Fire Marshal’s office in a form and manner approved by the State Fire Marshal no later than 30 days after the date of the inspection. If the local fire department or district providing fire protection services elects not to conduct an inspection, the local fire department or district shall notify, by June 30 of each year, the State Fire Marshal of this election. If the State Fire Marshal receives this notification, the State Fire Marshal shall conduct the inspection.
(b)  A local agency that, or the State Fire Marshal who, inspects a highrise structure pursuant to subdivision (a) may charge and collect a fee for the inspection from the owner of the highrise structure in an amount, as determined by the inspecting entity, sufficient to pay its costs of that inspection.
(Amended by Stats. 2019, Ch. 31, Sec. 12. (SB 85) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 4 - Emergency Procedure Information › Section 13221.

13221. The State Fire Marshal shall adopt regulations for the furnishing of emergency procedure information according to this chapter. Those regulations may include the general contents of brochures, pamphlets, signs, or video recordings used in furnishing emergency procedure information, but shall provide for at least the following:
(a) A reference to the posting of exit plans for the structure.
(b) A general explanation of the operation of the fire alarm system of the structure.
(c) Other fire emergency procedures.
(Amended by Stats. 2010, Ch. 328, Sec. 128. (SB 1330) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 4 - Emergency Procedure Information › Section 13223.

13223. Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction, shall be punished by a fine of not to exceed ten thousand dollars ($10,000) or imprisonment in the county jail not to exceed six months, or both.
(Added by Stats. 1981, Ch. 557.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 5 - Building Certification › Section 13233.

13233. The owner or operator of any privately owned high rise structure shall annually certify that he or she has requested the appropriate local fire enforcing agency to conduct an inspection of the building to determine its conformance with all applicable high rise structure fire safety standards. The certification shall be submitted by letter to the State Fire Marshal.
(Added by Stats. 1981, Ch. 442.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 5 - Building Certification › Section 13234.

13234. The State Fire Marshal may establish regulations for certification according to Section 13233, including the general form and contents of letters certifying conformance with high rise fire codes.
(Amended by Stats. 1993, Ch. 178, Sec. 3. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 5.5 - Fire Safety Inspections of Care Facilities › Section 13235.

13235. (a) Upon receipt of a request from a prospective licensee of a community care facility, as defined in Section 1502, of a residential care facility for the elderly, as defined in Section 1569.2, or of a child day care facility, as defined in Section 1596.750, the local fire enforcing agency, as defined in Section 13244, or State Fire Marshal, whichever has primary jurisdiction, shall conduct a preinspection of the facility prior to the final fire clearance approval. At the time of the preinspection, the primary fire enforcing agency shall provide consultation and interpretation of fire safety regulations, and shall notify the prospective licensee of the facility in writing of the specific fire safety regulations which shall be enforced in order to obtain fire clearance approval. A fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for the preinspection of a facility with a capacity to serve 25 or fewer persons. A fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for a preinspection of a facility with a capacity to serve 26 or more persons.
(b) The primary fire enforcing agency shall complete the final fire clearance inspection for a community care facility, residential care facility for the elderly, or child day care facility within 30 days of receipt of the request for the final inspection, or as of the date the prospective facility requests the final prelicensure inspection by the State Department of Social Services, whichever is later.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 14. Effective July 28, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13240.

13240. This chapter shall be known, and may be cited, as the Propane Storage and Handling Safety Act.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13240.1.

13240.1. For the purposes of this chapter, the following terms have the following meanings:
(a)  “Propane storage system” or “system” means any tank or collection of tanks or other vessels that are intended or used for the commercial purpose of storing more than 18,000 gallons of propane.
(b)  “Odorized propane” means propane to which ethyl mercaptan or any other odorizing substance is added.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13241.

13241. Prior to January 1, 1996, the State Fire Marshal in conjunction with the Occupational Safety and Health Standards Board shall, after public hearings, adopt by reference the 1992 edition of the NFPA 58 Standard for the Storage and Handling of Liquified Petroleum Gasses, or as this 1992 edition may be subsequently amended or supplemented. It is the intent of the Legislature that the NFPA 58 Standard supersede any inconsistent state standards, including, but not limited to, Sections 470 to 494, inclusive, of Chapter 4 of Title 8 of the California Code of Regulations, except where Sections 470 to 494, inclusive, of Chapter 4 of Title 8 of the California Code of Regulations contain a more stringent safety standard than that contained in the NFPA 58 Standard. Nothing in this section prohibits the board from adopting more stringent standards than those contained in the NFPA 58 Standard.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13242.

13242. The State Fire Marshal, in cooperation with the Department of Industrial Relations as appropriate, shall do all of the following:
(a)  Prior to January 1, 1997, inspect and certify the safety of all propane storage systems existing on January 1, 1995.
(b)  Adopt regulations setting forth safety standards for the siting and construction of fixed propane storage systems. These standards shall be prepared, adopted, and submitted for approval as building standards pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13.
(c)  Adopt propane storage system fire safety compliance requirements setting forth propane fire safety handling standards relating to propane storage systems.
(d)  Adopt regulations setting forth minimum training and other qualifications for personnel handling propane storage systems, including, but not limited to, continuing education requirements.
(e)  Issue operator certificates to persons that comply with minimum training and other qualifications for personnel handling propane storage systems.
(f)  Adopt standards setting forth minimum training and other qualifications for firefighting personnel responding to a fire involving a propane storage system.
(g)  Upon completion of inspection of propane storage systems as required by subdivision (b), the Division of Occupational Safety and Health and the State Fire Marshal shall report to the Legislature on the condition of propane storage systems statewide. The report shall include identification and location of the propane storage systems inspected; identification of fire safety violations, if any, at each system inspected, and a determination of whether the fire safety violation was significant or minor. The report shall also include what remedial actions were taken, or were proposed to be taken, to correct the violations, and whether the propane storage system is in compliance with current fire safety requirements.
The Division of Occupational Safety and Health and the State Fire Marshal shall also recommend in the report, after consulting with representatives of the propane industry, any corrective or remedial legislation necessary to ensure future compliance with fire safety requirements, including, but not limited to, future fire safety inspection requirements, including the recommended frequency of these inspections.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13243.

13243.  The Department of Industrial Relations shall on or before January 1, 1996, develop a propane storage system inspection training curriculum and certification program for inspectors who are authorized to inspect propane storage system pressure vessels. The training curriculum shall include, but is not limited to, training and enforcement procedures for the NFPA 58 Standard, Article 82 of the Uniform Fire Code Standards, and the propane storage system fire safety compliance requirements adopted pursuant to subdivision (d) of Section 13242.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13243.3.

13243.3. Any requirements adopted as provisions of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) shall supersede this measure.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 1 - General and Definitions › Section 13243.6.

13243.6. Any costs incurred by state agencies or departments pursuant to this article, that are not funded through fees pursuant to Section 13244.5, shall be funded from existing resources.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 2 - Liability Insurance Coverage › Section 13244.

13244. (a)  All of the following persons or entities shall carry liability insurance set forth in subdivision (b):
(1)  Any person or entity that owns or operates a business engaged in whole or in part, in the wholesale or retail sale of any energy product, liquid or vapor, which is transported or dispensed.
(2)  Any person or entity engaged in the wholesale or retail sale of propane, if the activities are subject to Part 387 of Title 49 of the Code of Federal Regulations and if the activities are within the scope of the National Fire Protection Association (NFPA) Standard 58, “Standard for the Storage and Handling of Liquefied Petroleum Gases.”
(3)  Any person or entity engaged in the wholesale or retail sale of any energy product, liquid or vapor, which is transported or dispensed, if required by law to obtain any California hazardous materials permit based upon that activity.
(b)  Persons or entities set forth in subdivision (a) shall carry liability insurance for any liability arising from that activity in an amount of no less than five hundred thousand dollars ($500,000).
(c)  The liability insurance requirement of this section is a minimum and does not control over other provisions of law, if any, that may require a greater insurance coverage.
(d)  The liability insurance requirement of this section does not apply to any of the following:
(1)  An operation for the exchange of propane cylinders.
(2)  The retail sale of propane in small propane canisters of 20 pounds or less.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 2 - Liability Insurance Coverage › Section 13244.1.

13244.1. Notwithstanding any provision of law, any person or entity that owns or operates a business engaged, in whole or in part, in the wholesale or retail sale of any energy product, liquid or vapor, which is transported or dispensed, may combine to form an insurance risk pool, or pools, for the purpose of purchasing insurance in compliance with this article.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 2 - Liability Insurance Coverage › Section 13244.2.

13244.2. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 6 - Propane Storage and Handling › ARTICLE 3 - Fees › Section 13244.5.

13244.5. The State Fire Marshal, in conjunction with local fire departments, shall determine a fee, not to exceed two hundred fifty dollars ($250) per propane storage system, to pay for the cost of the inspection and regulation of propane storage systems required by this chapter. The fees shall not exceed the cost of this inspection and regulation.
(Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 7 - Civil Actions to Abate Fire Hazards › Section 13250.

13250. Whenever, in the judgment of the State Fire Marshal, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this part, or any rule, regulation, or order issued thereunder, at the request of the State Fire Marshal, the district attorney of the county in which such acts or practices occur or will occur or the Attorney General may make application to the superior court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the State Fire Marshal that such person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
(Added by Stats. 1981, Ch. 345.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 7 - Civil Actions to Abate Fire Hazards › Section 13251.

13251. Every civil action brought under the provisions of this chapter at the request of the State Fire Marshal shall be brought by the district attorney or Attorney General in the name of the people of the State of California and any such actions relating to fire protection may be joined or consolidated.
(Added by Stats. 1981, Ch. 345.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 7 - Civil Actions to Abate Fire Hazards › Section 13253.

13253. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued; or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without such allegations and without such proof.
(Added by Stats. 1981, Ch. 345.)
2023 California Code › Health and Safety Code - HSC › DIVISION 12 - FIRES AND FIRE PROTECTION › PART 2 - FIRE PROTECTION › CHAPTER 8 - Carbon Monoxide Poisoning Prevention Act of 2010 › Section 13260.

13260. This chapter shall be known and may be cited as the Carbon Monoxide Poisoning Prevention Act of 2010.
(Added by Stats. 2010, Ch. 19, Sec. 3. (SB 183) Effective January 1, 2011.)