reglab/statecodes huggingface dataset:
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.05 - Accredited Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Office of the State Fire Marshal, with a recommendation
					 from the State Board of Fire Services (SBFS) and/or the Statewide Training and
					 Education Advisory Committee (STEAC) may designate community colleges as an
					 Accredited Regional Training Program (ARTP) and local fire departments as an
					 Accredited Local Academy (ALA) per the accreditation procedures specified in
					 the "State Fire Training Procedures Manual" Section
					 1990.00.
(a) An "Accredited Regional Training Program
				  (ARTP)" is a community college in partnership with local fire departments,
				  which has been accredited to deliver OSFM-approved courses as described in the
				  "State Fire Training Procedures Manual" per Section
				  1990.00.
(b) An "Accredited Local Academy (ALA)" is a
				  single fire agency actively providing federal, tribal, state, municipal,
				  county, or district fire protection services (serving a specific authority
				  having jurisdiction), which has been accredited to deliver OSFM-approved
				  courses as described in the "State Fire Training Procedures Manual" per Section
				  1990.00.
(c) An "Accredited Rescue Training Site
				  (ARTS)" is a training facility that meets the site, training prop, tools, and
				  equipment requirements for Rescue Systems 1, Rescue Systems 2, and/or Confined
				  Space Rescue requirements as described in the "State Fire Training Procedures
				  Manual" per Section
				  1990.00.
(d) These facilities shall be cited as
				  "accredited facilities" in these regulations,
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No.
					 32).
2. Amendment of section and NOTE filed 6-30-2016; operative
					 7-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 27).
3. Amendment of section and NOTE filed
					 9-3-2020; operative 1-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
					 pursuant to Executive Order N-66-20 (Register 2020, No. 36).
Note: Authority cited: Sections
						13157(a),
						13159(b),
						13159(d),
						13159(f)
						and
						13159.8,
						Health and Safety Code. Reference: Sections
						13157(a),
						13159(b),
						13159(d),
						13159(f)
						and
						13159.8,
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.06 - Safety Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Registered Instructors who are conducting a State Fire
					 Marshal accredited or approved course shall have, when appropriate, a safety
					 plan as part of the instructional process. The plan shall address, but is not
					 limited to, the following elements: safe operating procedures, location of
					 exits, emergency notification phone numbers for staff and students, location of
					 first aid equipment, and the locations of appropriate medical facilities. This
					 safety plan shall be communicated to the students at the beginning of the
					 class.
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No.
					 32).
2. Amendment of section and NOTE filed 6-30-2016; operative
					 7-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 27).
3. Amendment filed 9-3-2020; operative
					 1-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
					 pursuant to Executive Order N-66-20 (Register 2020, No. 36).
Note: Authority cited: Sections
						13156(f)
						and
						13159(d),
						Health and Safety Code. Reference: Sections
						13156(f)
						and
						13159(d),
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.07 - Accountability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the responsibility of Registered Instructors,
					 Registered Lead Evaluators, Registered Skills Evaluators, Accredited
					 Facilities, and Host Facilities to maintain the procedural standards and
					 ethical conduct by which they were granted registration or accreditation. The
					 Chief of State Fire Training will reevaluate the registration status of an
					 instructor, or accreditation status of a facility, if or when compliance with
					 these standards comes into question in accordance with the State Fire Training
					 Procedures Manual as incorporated by reference.
(a) Written comments by students,
				  instructors, fire technology directors or fire officers, regarding Registered
				  Instructors, Registered Lead Evaluators, Registered Skills Evaluators,
				  Accredited Facilities, Host Facilities, or academies will be reviewed and
				  investigated by the OSFM when the comment is in writing and directed to the
				  Chief of State Fire Training, Assistant State Fire Marshal, or State Fire
				  Marshal.
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No.
					 32).
2. Amendment of section and NOTE filed 6-30-2016; operative
					 7-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 27).
3. Amendment filed 5-30-2019; operative
					 7-1-2019 (Register 2019, No. 22).
4. Amendment filed 9-3-2020;
					 operative 1-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
					 pursuant to Executive Order N-66-20 (Register 2020, No. 36).
Note: Authority cited: Sections
						13157(a),
						13159(b),
						13159(d)
						and
						13159.8(a),
						Health and Safety Code. Reference: Sections
						13157(a),
						13159(b),
						13159(d)
						and
						13159.8(a),
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.08 - Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the responsibility of Registered Instructors,
					 Registered Lead Evaluators, Registered Skills Evaluators, Accredited
					 Facilities, and Host Facilities to maintain the procedural standards and
					 ethical conduct by which they were granted registration or accreditation. The
					 Chief of State Fire Training will reevaluate the registration status of an
					 instructor, or accreditation status of a facility, if or when compliance with
					 these standards comes into question in accordance with the State Fire Training
					 Procedures Manual as incorporated by reference.
(a) Written comments by students,
				  instructors, fire technology directors or fire officers, regarding Registered
				  Instructors, Registered Lead Evaluators, Registered Skills Evaluators,
				  Accredited Facilities, Host Facilities, or academies will be reviewed and
				  investigated by the OSFM when the comment is in writing and directed to the
				  Chief of State Fire Training, Assistant State Fire Marshal, or State Fire
				  Marshal.
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No.
					 32).
2. Amendment of section and NOTE filed 6-30-2016; operative
					 7-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 27).
3. Amendment filed 5-30-2019; operative
					 7-1-2019 (Register 2019, No. 22).
4. Amendment filed 9-3-2020;
					 operative 1-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
					 pursuant to Executive Order N-66-20 (Register 2020, No. 36).
Note: Authority cited: Sections
						13157(a),
						13159(b),
						13159(d)
						and
						13159.8(a),
						Health and Safety Code. Reference: Sections
						13157(a),
						13159(b),
						13159(d)
						and
						13159.8(a),
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.09 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The first level of appeal shall occur with the Registered Instructor,
				  Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility,
				  and/or Host Facility submitting, in writing, to the Assistant State Fire
				  Marshal all evidence to support reversing the suspension or revocation action
				  within 60 days of receiving their notice of suspension or revocation. The
				  Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator,
				  Accredited Facility, and/or Host Facility may request in writing an
				  administrative hearing, conducted by the Assistant State Fire Marshal to fully
				  examine the issues. If the Assistant State Fire Marshal is unavailable due to
				  vacancy, conflict of interest, incapacitation, or other circumstance, the
				  appeal will be directed to an Assistant Deputy Director.
(1) After review of all submitted materials
				  and/or testimony provided during an administrative hearing, the Assistant State
				  Fire Marshal shall, by written letter, notify the Registered Instructor,
				  Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, or
				  Host Facility and State Fire Training of the decision to uphold, modify, or
				  withdraw the action along with the next level of the appeal process within 45
				  days. If the Assistant State Fire Marshal is unavailable due to vacancy,
				  conflict of interest, incapacitation, or other circumstance, the written letter
				  will be provided by an Assistant Deputy Director.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.10 - Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reinstatement as a Registered Instructor, Lead Skills
					 Evaluator, Skills Evaluator, Accredited Facility, and/or Host Faciality shall
					 be achieved by meeting all terms of disciplinary action and by reapplying and
					 meeting the current requirements as a Registered Instructor, Lead Skills
					 Evaluator, Skills Evaluator, Accredited Facility, and/or Host Facility.
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No.
					 32).
2. Amendment of section and NOTE filed 9-3-2020; operative
					 1-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
					 pursuant to Executive Order N-66-20 (Register 2020, No. 36).
Note: Authority cited: Sections
						11425.10,
						Government Code; and
						13157(a),
						Health and Safety Code. Reference: Sections
						13157(a),
						13159(b),
						13159(d)
						and
						13159.8(a),
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.11 - Instructor Orientation and Classroom Ethics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Registered Instructors shall complete State Fire
					 Training "Regional Instructors Orientation," "Ethical Leadership in the
					 Classroom," and any OSFM-required instructor update training programs before a
					 CFSTES or FSTEP course request will be approved by State Fire Training.
(a) Training curriculum that is significantly
				  updated by the OSFM may require an update class to bring current instructors
				  up-to-date on changes to the training program. Current instructors will be
				  notified of any classes that require their attendance in an update class.
				  Failure to attend an update class may result in being removed as an approved
				  instructor for that class.
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No.
					 32).
2. Amendment of section and NOTE filed 6-30-2016; operative
					 7-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 27).
3. Amendment filed 9-3-2020; operative
					 1-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
					 pursuant to Executive Order N-66-20 (Register 2020, No. 36).
Note: Authority cited: Sections
						13159(d)
						and
						13159.8(a),
						Health and Safety Code. Reference: Sections
						13159(d)
						and
						13159.8(a),
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 13 - California Fire Service Training and Education Program › Article 2 - General Provisions › Section 1990.13 - California Fire and Arson Training Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All revenue collected from State Fire Training fees, gifts
					 or grants shall be paid into the California Fire and Arson Training Fund (CFAT)
					 and these monies shall be available when appropriated by the Legislature for
					 the Office of the State Fire Marshal to carry out the provisions of these
					 regulations.
1. New
					 section filed 8-7-2008; operative 9-6-2008 (Register 2008, No. 32).
Note: Authority cited: Section
						13159.8
						and
						13159.10(a),
						Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 1 - Scope › Section 2000

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Title 49 of the Code of Federal Regulations, Part 195 is
					 hereby adopted by reference as it relates to hazardous liquid pipelines.
1. New
					 article 1 (section
					 2000) and section filed 5-22-2002;
					 operative 6-21-2002. Submitted to OAL for printing only pursuant to Government
					 Code section
					 51011
					 (Register 2002, No. 21).
2. Amendment of NOTE filed 2-9-2017;
					 operative 2-9-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 6).
Note: Authority cited: Sections
						51010.6
						and
						51011,
						Government Code. Reference: Sections
						51010.6
						and
						51011,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 2 - Annual Inspection of Intrastate Hazardous Liquid Pipelines and Operators of Intrastate Hazardous Liquid Pipelines › Section 2020 - Annual Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To implement Section
					 51015.1(a)
					 of the Government Code, the Office of the State Fire Marshal shall conduct an
					 annual inspection of every intrastate hazardous liquid pipeline and every
					 operator of an intrastate hazardous liquid pipeline. The inspection shall
					 include the following:
(a) Evaluation
				  of the risks to each intrastate hazardous liquid pipeline based upon the
				  operator history, integrity testing results, preventative and mitigative
				  measures, construction activities, leak history, and compliance
				  history.
(b) An annual inspection
				  of each operator of an intrastate hazardous liquid pipeline in accordance with
				  California State Fire Marshal Annual Inspection Procedures (dated April 1,
				  2017) which is hereby incorporated by reference.
(c) An annual inspection of each intrastate
				  hazardous liquid pipeline in accordance with California State Fire Marshal
				  Annual Inspection Procedures (dated April 1, 2017 ) which is hereby
				  incorporated by reference.
1. New
					 article 2 (sections
					 2020-2030) and section filed
					 2-9-2017; operative 2-9-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 6).
2. Amendment of first paragraph and
					 subsections (b) and (c) filed 5-1-2017; operative 5-1-2017 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 18).
Note: Authority cited: Section
						51015.1,
						Government Code. Reference: Section
						51015.1,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 2 - Annual Inspection of Intrastate Hazardous Liquid Pipelines and Operators of Intrastate Hazardous Liquid Pipelines › Section 2021 - Form PSD-101 Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following forms, in the format developed by the Office of the State Fire
				  Marshal, which are hereby incorporated by reference, shall be used for
				  hazardous liquid pipeline annual inspections:
1. California Intrastate Pipeline Operator
				  Annual Report, PSD-101 (dated July 1, 2016).
2. Instructions for Form PSD-101 (dated May
				  1, 2017).
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 2 - Annual Inspection of Intrastate Hazardous Liquid Pipelines and Operators of Intrastate Hazardous Liquid Pipelines › Section 2030 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to comply with any of the above provisions of this
					 chapter shall be subject to enforcement action under Section
					 51018.6 of
					 the Government Code.
1. New
					 section filed 2-9-2017; operative 2-9-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 6).
Note: Authority cited: Section
						51015. 1, Government Code.
						Reference: Sections
						51015.1
						and
						51018.6,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 3 - Fees › Section 2040 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to implement Chapter 5.5, of the Government Code,
					 California Pipeline Safety Act of 1981, the following fee schedule will be
					 assessed on a fiscal year basis:
(a)
				  Intrastate Pipelines
(1) Pipeline operator
				  .......................... beginning July 1, 2022, $10,000
Pipeline operator .......................... beginning July
					 1, 2025, $12,000
(2) Charge
				  per mile of pipeline operated .......................... beginning July 1,
				  2022, $1,280
Charge per mile of pipeline operated
					 .......................... beginning July 1, 2025, $1,400
(3) Independent Hydrostatic Testing Firm
				  ..........................$1,500
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 3 - Fees › Section 2041 - Certification of Miles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to November 1 of each year every operator of a
					 pipeline, as defined in Section
					 51010.5,
					 Government Code, shall certify to the Office of State Fire Marshal the total
					 miles of pipelines owned, operated or leased by the operator within California
					 for which the pipeline operator is responsible and not otherwise excluded by
					 Section
					 51010.5,
					 Government Code.
1. New
					 section filed 12-7-84; effective upon filing pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 84, No. 49).
Note: Authority cited: Section
						51011,
						Government Code. Reference: Sections
						51019 and
						51020,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 4 - Pipeline Operator Drug and Alcohol Testing › Section 2050 - Adoption of Federal Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Fire Marshal adopts by reference Title 49 of the
					 Code of Federal Regulations, Part 40, with appendices, relating to procedures
					 for workplace drug testing programs, and Part 199, relating to drug and alcohol
					 testing methods and procedures for pipeline operators.
1. New
					 section filed 12-20-91; operative 1-20-92 (Register 92, No. 12).
2.
					 Amendment of article heading, section and NOTE filed 11-29-2022; operative
					 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government
					 Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code; 54 Federal Register 49866, dated 12/1/89, adopting
						49 C.F.R. Part 40, Sections
						40.1 through
						40.37, inclusive and including
						Appendix A; 53 Federal Register 47096, dated 11/21/88, adopting
						49 C.F.R., Part 199,
						Sections 199.1 through
						199.23, inclusive.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 4 - Pipeline Operator Drug and Alcohol Testing › Section 2051 - Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 2050 shall be administered and
					 enforced by the California State Fire Marshal, Pipeline Safety Division.
1. New
					 section filed 12-20-91; operative 1-20-92 (Register 92, No. 12).
Note: Authority: Sections
						51010 and
						51011,
						Government Code Reference: Sections
						51010 and
						51011,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 5 - Approval of Testing Persons or Firms › Section 2060 - Approval Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The approval of independent testing firms or persons by the
					 State Fire Marshal shall be in accordance with procedures established in
					 California Code of Regulations, Title 19, Division 1, Sections
					 213 and
					 214.
1. New
					 Article 5 (Section
					 2060) filed 12-7-84; effective
					 upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 84, No. 49).
2. Amendment filed 1-12-2011; operative
					 1-12-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 2).
Note: Authority cited: Sections
						51010 and
						51014.5,
						Government Code. Reference: Section
						51014.5,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2070 - Notice of Probable Violation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 6 (Sections
					 2070-2075) filed 12-7-84;
					 effective upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 84, No. 49).
2. Repealer filed 11-29-2022; operative
					 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government
					 Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Section
						51018.6,
						Government Code. Reference: Section
						51018.6,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2070.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Division" means the Office of the State Fire Marshal, Pipeline Safety
				  Division.
(b) "Hearing" means an
				  informal conference or a proceeding for oral presentations. Unless otherwise
				  specifically prescribed in this Article, the use of "hearing" is not intended
				  to require a hearing on the record in accordance with Chapter 4, Part 1,
				  Division 3 of the Government Code.
(c) "Imminent hazard" means the existence of
				  a condition relating to a pipeline facility that presents a substantial
				  likelihood that death, serious illness, severe personal injury, or a
				  substantial endangerment to health, property, or the environment may occur
				  before the reasonably foreseeable completion date of a formal proceeding begun
				  to lessen the risk of such death, illness, injury or endangerment.
(d) "Operator" means a person who owns or
				  operates a pipeline facility.
(e)
				  "Person" includes any individual, firm, association, organization, partnership,
				  limited liability company, business trust, corporation, company, or public or
				  private organization or entity of any character.
(f) "Presiding Official" for a hearing is a
				  representative of the Division who is not engaged in any investigative or
				  prosecutorial functions, such as the issuance of notices under this Article
				  related to the action being heard. If the designated Presiding Official is
				  unavailable, the State Fire Marshal may delegate the powers and duties
				  specified in this section to another representative who is not engaged in any
				  investigative or prosecutorial functions under this Article related to the
				  action being heard.
(g)
				  "Respondent" means a person or operator upon whom the Division has served an
				  enforcement action described in this Article.
1. New
					 section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2070.2 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each order, notice, or other document required to be served under this Article,
				  will be served personally, by certified mail, overnight courier, or other
				  electronic means that includes reliable acknowledgement of actual
				  receipt.
(b) Service upon a
				  person's duly authorized representative or agent constitutes service upon that
				  person.
(c) Service by certified
				  mail or overnight courier is complete upon mailing. Service by electronic
				  transmission is complete upon transmission and acknowledgement of receipt. An
				  official receipt for the mailing from the U.S. Postal Service or overnight
				  courier, or other electronic transmission confirmation, constitutes prima facie
				  evidence of service.
1. New
					 section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2071 - Response Options. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and printing
					 only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Section
						51018.6,
						Government Code. Reference: Section
						51018.6,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2071.1 - Amendment of Plans or Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Chief of Pipeline Safety, or a designee, begins a proceeding to determine
				  whether an operator's plans or procedures required under Title 49 Parts 195,
				  199, and 40, or Title 19 of the California Code of Regulations and California
				  Government Code Sections
				  51010 et
				  seq., are inadequate to assure safe operation of a pipeline facility by issuing
				  a notice of amendment. The notice will specify the alleged inadequacies and the
				  proposed revisions of the plans or procedures and provide an opportunity to
				  respond. The notice will allow the operator 30 days following receipt of the
				  notice to submit written comments or revised procedures.
(b) After considering all material presented
				  in writing the Chief of Pipeline Safety, or a designee, determines whether the
				  plans or procedures are inadequate. The Chief of Pipeline Safety, or a
				  designee, issues an order directing amendment of the plans or procedures if
				  they are inadequate, or withdraws the notice if they are not. In determining
				  the adequacy of an operator's plans or procedures, the Chief of Pipeline
				  Safety, or a designee, may consider:
(1)
				  Relevant pipeline safety data;
(2)
				  Whether the plans or procedures are appropriate for the particular type of
				  pipeline transportation or facility, and for the location of the
				  facility;
(3) The reasonableness of
				  the plans or procedures; and
(4)
				  The extent to which the plans or procedures contribute to public
				  safety.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2071.2 - Warning Letters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determining that a probable violation of
					 49 U.S.C.
					 60101 et seq., 49 C.F.R. Parts 190, 195, 199,
					 and 40, or California Government Code 51010--et seq., or Title 19 of the
					 California Code of Regulations, or any regulation or order issued thereunder
					 has occurred, the State Fire Marshal, or designee, may issue a written warning
					 notifying the operator of the probable violation and advising the operator to
					 correct it or be subject to potential enforcement action in the future. The
					 operator may submit a response to a warning, but is not required to. An
					 adjudication under this Article to determine whether a violation occurred is
					 not conducted for warnings.
1. New
					 section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2071.3 - Notice of Probable Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon determining that a probable violation of 49 C.F.R. Parts 190, 195, 199,
				  and 40, or California Government Code section
				  51010 et
				  seq., or Title 19 of the California Code of Regulations, or any regulation or
				  order issued thereunder has occurred, the State Fire Marshal may issue an
				  enforcement proceeding by serving a notice of probable violation on a person or
				  operator
(b) A notice of probable
				  violation issued under this section shall include:
(1) Statement of the provisions of the laws,
				  regulations or orders which the respondent is alleged to have violated and a
				  statement of the evidence upon which the allegations are based;
(2) Notice of response options available to
				  the respondent under Section
				  2071.4;
(3) If a civil penalty is proposed under
				  Section 2075 or Government Code Section
				  51018.6,
				  the amount of the proposed civil penalty and the maximum civil penalty for
				  which respondent is liable under law; and
(4) If a compliance order is proposed under
				  Section
				  51018.8 of
				  the Government Code, a statement of the remedial action being sought in the
				  form of a proposed compliance order.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2071.4 - Response Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 30 days of the receipt of a notice of probable
					 violation the respondent shall respond to the Division who issued the notice in
					 the following way:
(a) When the notice
				  contains a proposed civil penalty:
(1) If the
				  respondent is not contesting an allegation of probable violation, pay the
				  proposed civil penalty as provided under Section
				  2075.1. The payment authorizes the
				  State Fire Marshal to make a finding of violation and to issue a final order
				  under Section
				  2073.1;
(2) Submit an offer in compromise of the
				  proposed civil penalty under paragraph (c) of this section and paragraph (a) of
				  Section 2075.1
If the respondent is not contesting an allegation of
					 probable violation but wishes to submit a written explanation, information, or
					 other materials respondent believes may warrant mitigation or elimination of
					 the proposed civil penalty, the respondent may submit such materials. This
					 authorizes the State Fire Marshal to make a finding of violation and to issue a
					 final order under Section
					 2073.1;
(3) If the respondent is contesting one or
				  more allegations of probable violation but is not requesting a hearing under
				  Section 2072, the respondent may submit a
				  written response in answer to the allegations; or
(4) The respondent may request a hearing
				  under Section
				  2072.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2072 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  request for a hearing in response to a notice of probable violation issued
				  under Section
				  2071.3, or an order directing
				  amendment under Section
				  2071.1, or a corrective action
				  order issued under Section
				  2073.3 must be accompanied by a
				  statement of the issues which the respondent intends to raise at the hearing.
				  The issues may relate to the alleged violations, new information or to the
				  proposed compliance order or proposed civil penalty amount or to the corrective
				  action order. A respondent's failure to specify an issue may result in waiver
				  of his right to raise that issue at the hearing. The respondent's request may
				  also indicate whether or not the respondent will be represented by counsel at
				  the hearing. The respondent may withdraw a request for a hearing in writing and
				  provide a written response.
(b) In
				  such circumstances as deemed appropriate by the Division, and only if the
				  respondent concurs, a telephone conference may be held in lieu of a
				  hearing.
(c) The Office of State
				  Fire Marshal shall designate a Presiding Official for the hearing.
(d) Time and place of the hearing. The
				  Presiding Official will set the date, time and location of the hearing. To the
				  extent practicable, the Presiding Official will accommodate the parties'
				  schedules when setting the hearing. Reasonable notice of the hearing will be
				  provided to all parties.
(e) Powers
				  and duties of Presiding Official. The Presiding Official will conduct a fair
				  and impartial hearing and take all action necessary to avoid delay in the
				  disposition of the proceeding and maintain order. The Presiding Official has
				  all powers necessary to achieve those ends, including, but not limited to the
				  power to:
(1) Regulate the course of the
				  hearing and conduct of the parties and their counsel;
(2) Receive evidence and inquire into the
				  relevant and material facts;
(3)
				  Require the submission of documents and other information;
(4) Direct that documents or briefs relate to
				  issues raised during the course of the hearing;
(5) Set the date for filing documents,
				  briefs, and other items;
(6)
				  Prepare a recommended decision; and
(7) Exercise the authority necessary to carry
				  out the responsibilities of the Presiding Official under this
				  Article.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2073 - Final Order. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of section
					 2073 to new section
					 2073.1 filed 11-29-2022; operative
					 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government
					 Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Section
						51018.6,
						Government Code. Reference: Section
						51018.6,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2073.1 - Final Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After a hearing under Section
				  2072 or, if no hearing has been
				  held, after expiration of the 30 day response period prescribed in Section
				  2071.4, the case file of an
				  enforcement proceeding commenced under Section
				  2071.3 is forwarded to the State
				  Fire Marshal, for issuance of a final order.
(b) The case file of an enforcement
				  proceeding commenced under Section
				  2071.3 includes
(1) The inspection reports and any other
				  evidence of alleged violations;
(2)
				  A copy of the notice of probable violation issued under Section
				  2071.3;
(3) Material submitted by the respondent in
				  accord with Section
				  2071.4 in response to the notice
				  of probable violation;
(4) The
				  Division's evaluation of response material submitted by the respondent and the
				  Division Chief's recommendation for final action to be taken under this
				  section; and
(5) In cases involving
				  a Section 2072 hearing, any material
				  submitted during and after the hearing and the hearing officer's recommendation
				  for final action to be taken under this section.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2073.2 - Consent Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  At any time prior to the issuance of a compliance order under Section
				  2071.3, a corrective action order
				  under Section
				  2073.3, or an immediate closure
				  order under Section
				  2073.5, the State Fire Marshal, or
				  designee, and the respondent may agree to resolve the case by execution of a
				  consent agreement and order, which may be jointly executed by the parties and
				  issued by the State Fire Marshal. Upon execution, the consent order is
				  considered a final order under Section
				  2073.1.
(b) A consent order executed under paragraph
				  (a) of this section shall include:
(1) An
				  admission by the respondent of all jurisdictional facts;
(2) An express waiver of further procedural
				  steps and of all right to seek judicial review or otherwise challenge or
				  contest the validity of that order;
(3) An acknowledgement that the notice of
				  probable violation may be used to construe the terms of the consent order;
				  and
(4) A statement of the actions
				  required of the respondent and the time by which such actions shall be
				  accomplished.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2073.4 - Civil Actions Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever it appears to the State Fire Marshal that a person
					 has engaged, is engaged, or is about to engage in any act or practice
					 constituting a violation of any provision of
					 49 U.S.C.
					 60101 et seq., 49 C.F.R. Parts 190, 195, 199,
					 and 40, or California Government Code section
					 51010 et
					 seq., or Title 19 of the California Code, the State Fire Marshal, or the person
					 to whom the authority has been delegated, may request the Attorney General to
					 bring an action in the appropriate California State Court for such relief as is
					 necessary or appropriate, including mandatory or prohibitive injunctive relief,
					 interim equitable relief, and civil penalties as provided under California
					 Government Code Sections
					 51018.6,
					 51018.7,
					 or
					 51018.8.
1. New
					 section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2073.5 - Immediate Closure Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The State Fire Marshal may immediately order any pipeline closed,
				  under Section
				  13107.5,
				  Health and Safety Code, when it is determined to be necessary to do so in the
				  interests of public safety.
(b)
				  When the State Fire Marshal determines, as a result of an investigation
				  involving a break, explosion, or fire involving a pipeline, that an unsafe
				  condition or practice, or a combination of unsafe conditions and practices,
				  constitutes or is causing an imminent hazard, as defined in Section
				  2070.1, the State Fire Marshal may
				  issue or impose an immediate closure order, without advance notice or an
				  opportunity for a hearing.
(c) 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.
(d) The order will
				  contain a written description of:
(1) The
				  violation, condition, or practice that constitutes or is causing the imminent
				  hazard;
(2) Those entities subject
				  to the order;
(3) The restrictions,
				  prohibitions, or safety measures imposed;
(4) The standards and procedures for
				  obtaining relief from the order;
(5) How the order is tailored to abate the
				  imminent hazard and the reasons the authorities under Section
				  2073.3 are insufficient to do so;
				  and
(6) How the considerations
				  listed in paragraph (d) of this section were taken into
				  account.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2074 - Petitions for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  respondent may petition the Office of the State Fire Marshal for
				  reconsideration of a final order issued under Section
				  2073.1. It is requested, but not
				  required, that three (3) copies be submitted. The petition must be received no
				  later than 20 days after service upon the respondent of the final order.
				  Petitions received after that time will not be considered. The petition must
				  contain a brief statement of the complaint and an explanation as to why the
				  effectiveness of the final order should be stayed.
(b) If the respondent requests the
				  consideration of additional facts or arguments, the respondent must state the
				  reasons they were not presented prior to issuance of the final order.
(c) The State Fire Marshal, does not consider
				  repetitious information, arguments, or petitions.
(d) Unless the State Fire Marshal, otherwise
				  provides, the filing of a petition under this section does not stay the
				  effectiveness of the final order.
(e) The State Fire Marshal may grant or deny,
				  in whole or in part, any petition for reconsideration without further
				  proceedings. In the event the State Fire Marshal determines to reconsider a
				  final order, the State Fire Marshal may issue a final decision on
				  reconsideration without further proceedings, or the State Fire Marshal may
				  provide such opportunity to submit comment or information and data as deemed
				  appropriate.
(f) The State Fire
				  Marshal, shall issue notice of the action taken on a petition for
				  reconsideration within 20 days after receipt of the petition. In cases where
				  delay beyond that period is expected, notice of that fact and the date by which
				  it is expected that action will be taken shall be issued to the
				  respondent.
1. Amendment
					 of section and NOTE filed 11-29-2022; operative 1-1-2023. Submitted to OAL for
					 filing and printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.