reglab/statecodes huggingface dataset:
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 6 - Cigarette and Tobacco Products Licensing Act Appeals and Petitions for Recovery of Seized Cigarette and Tobacco Products › Section 35058 - Petition for Release or Recovery of Seized Cigarette or Tobacco Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General.
				  Notwithstanding any other provision in this chapter, the provisions of this
				  regulation are applicable to a petition for recovery of seized cigarette or
				  tobacco products.
(b) Petition. A
				  person may seek recovery of cigarettes or tobacco products seized pursuant to
				  the Cigarette and Tobacco Products Tax Law (pt. 13 of div. 2 of the Rev. &
				  Tax. Code) or the Cigarette and Tobacco Products Licensing Act of 2003 (div.
				  8.6 of the Bus. & Prof. Code) by filing a verified petition for release or
				  recovery of seized cigarette or tobacco products within 20 days of the personal
				  service or service by certified mail on that person of the notice of seizure
				  and forfeiture or, if the person filing the petition was not served personally
				  or by certified mail, within 20 days of the date of publication of the notice
				  of seizure and forfeiture. A person filing such a petition is known as
				  "taxpayer" for purposes of this chapter.
(1)
				  The petition must state the taxpayer's interest in the seized property, and
				  request the release or recovery of the property on the ground that the property
				  was erroneously or illegally seized. The taxpayer has the burden of proof by a
				  preponderance of evidence to show that the property was erroneously or
				  illegally seized.
(2) The taxpayer
				  must sign the petition under penalty of perjury.
(3) The petition must be accompanied by all
				  documentation, which may include written statements made under penalty of
				  perjury, and all written argument that the taxpayer wishes to be considered in
				  support of the petition.
(4) The
				  petition must be filed as set forth in this subdivision, or as otherwise
				  expressly provided on CDTFA's website at
www.cdtfa.ca.gov
:
(A) By hand delivery to: Investigations and
				  Special Operations Bureau, MIC 100, California Department of Tax and Fee
				  Administration, 450 N Street, Sacramento, CA 95814.
(B) By mail addressed to: Investigations and
				  Special Operations Bureau, MIC 100, California Department of Tax and Fee
				  Administration P.O. Box 942879, Sacramento, CA 94279-0100.
(C) By facsimile to: (916)
				  327-5027.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 7 - Organizational Clearance Certificates and Supplemental Clearance Certificates for Welfare and Veterans' Organization Exemptions [Repealed] › Section 35059 - Petition Objecting to Denial or Revocation of Organizational Clearance Certificate or Supplemental Clearance Certificate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 7 (section
					 35059) and section filed 3-19-2018
					 as an emergency; operative 3-19-2018 (Register 2018, No. 12). Pursuant to
					 Government Code section
					 15570.40,
					 this action is a deemed emergency and exempt from OAL review. A Certificate of
					 Compliance must be transmitted to OAL by 9-17-2018 or emergency language will
					 be repealed by operation of law on the following day.
2. Repealer of
					 article 7 (section
					 35059) and repealer of section by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2018, No. 38).
Note: Authority cited: Sections
						15570.40
						and
						15606,
						Government Code. Reference: Section
						254.6,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 8 - Appeals Conferences › Section 35062 - Request to Reschedule or Postpone an Appeals Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to the scheduled appeals
				  conference, a party may request that the appeals conference be rescheduled or
				  postponed by submitting that request, in writing, to the Appeals Bureau in the
				  manner specified on the response to notice of appeals conference form for its
				  return.
(b) Rescheduling.
(1) An appeals conference is rescheduled for
				  these purposes if the conference will be scheduled for a date no more than 30
				  days after the previously scheduled conference date. Where an appeals
				  conference is rescheduled, the conference will be held at CDTFA's headquarters
				  office in Sacramento or at an office in Southern California designated by the
				  Appeals Bureau. The parties may appear at the appeals conference in person, via
				  telephone, or via video by appearing at a CDTFA office equipped with video
				  conferencing capabilities.
(2) A
				  taxpayer's initial written request to reschedule an appeals conference will be
				  granted. A taxpayer's subsequent written request to reschedule an appeals
				  conference will only be granted if the Appeals Bureau determines that there is
				  reasonable cause.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 8 - Appeals Conferences › Section 35063 - Expediting the Scheduling of an Appeals Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The taxpayer may request that the appeals
				  conference for the taxpayer's appeal be expedited by submitting such a request,
				  in writing, in which the taxpayer agrees to:
(1) Attend an appeals conference at CDTFA's
				  headquarters office in Sacramento or at an office in Southern California
				  designated by the Appeals Bureau;
(2) Attend a video conference at one of
				  CDTFA's offices equipped with video conferencing capabilities; or
(3) Participate in the appeals conference via
				  telephone.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 8 - Appeals Conferences › Section 35064 - Conducting an Appeals Conference; Parties to the Appeals Conference; Nature of the Appeals Conference; Additional Submissions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appeals conference will be held by an
				  Appeals Bureau conference holder who has not had any prior involvement in the
				  appeal being discussed at the appeals conference. It is the responsibility of
				  the Appeals Bureau to consider the contentions presented by the parties, gather
				  the applicable facts, conduct any investigation it deems warranted, and analyze
				  and apply the law to the facts as determined by the conference holder in order
				  to make an objective determination of the correct resolution of the
				  appeal.
(b) Each party to the
				  appeal may be present for and participate in the appeals conference.
(c) The appeals conference is an informal
				  discussion of the relevant facts and applicable laws. It is important that all
				  relevant information be presented to the Appeals Bureau. A party may submit
				  written arguments and documentary evidence to the Appeals Bureau at any time
				  before or during the appeals conference, but may do so after the conference
				  only with the consent, or at the request, of the Appeals Bureau.
(1) If the conference holder grants a party's
				  request to make a submission after the appeals conference, he or she will grant
				  that party at least 15 days, but not more than 30 days without the consent of
				  the Assistant Chief Counsel of the Appeals Bureau or his or her designee, to
				  provide a submission. The conference holder will also grant the other parties
				  to the appeal at least 15 days, but not more than 30 days without the consent
				  of the Assistant Chief Counsel of the Appeals Bureau or his or her designee, to
				  respond to the submission.
(2) The
				  Appeals Bureau may request that a party submit additional written argument or
				  documentation, and when it does so, will inform the party when the requested
				  submission is due. The Appeals Bureau will determine whether a response should
				  be submitted by another party, and if so, will advise that party when the
				  response is due.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 8 - Appeals Conferences › Section 35065 - Contents and Issuance of an Appeals Bureau Decision; Finality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Appeals
				  Bureau decision is deemed issued on the date it is mailed to the
				  parties.
(b) Except as provided in
				  subdivision (c), the Appeals Bureau will issue its written decision no later
				  than 90 days after the last submission as authorized by subdivision (c) of
				  regulation 35064.
(c) The Appeals
				  Bureau may submit a written request to the Chief Counsel of CDTFA, or his or
				  her designee, for additional time to issue its decision. If such a request is
				  granted, the Appeals Bureau will mail the Chief Counsel's approval to each
				  party to the appeal.
(d) The
				  Appeals Bureau decision will include:
(1) A
				  statement of each issue raised by the taxpayer;
(2) A statement of relevant facts;
(3) A statement of the relevant law
				  applicable to each issue raised by the taxpayer, and the Appeals Bureau's
				  analysis and application of that law to the relevant information available to
				  the Appeals Bureau;
(4) The
				  findings and conclusions of the Appeals Bureau; and
(5) A statement that the appeal is denied in
				  full, granted in full, granted in part and denied in part, or remanded to BTFD
				  or the applicable state agency to perform a reaudit in accordance with the
				  decision.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 8 - Appeals Conferences › Section 35066 - Request for Reconsideration; Supplemental Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party may, within 30 days after the
				  date of mailing of the letter described in regulation 35065, subdivision (e),
				  submit to the Appeals Bureau a written request for reconsideration of an
				  Appeals Bureau decision. The request must identify the specific issue or issues
				  for which reconsideration is sought, and must explain the reasons the party
				  disagrees with the decision, the results of the reaudit, or both.
(b) If a party submits a timely request for
				  reconsideration of an Appeals Bureau decision as provided in subdivision (a),
				  the Appeals Bureau will prepare a supplemental decision to respond to the
				  request and to address any other matter the Appeals Bureau deems warranted.
(1) The Appeals Bureau will mail a letter to
				  acknowledge receipt of the request, and will offer the other party or parties
				  an opportunity to respond to the request for reconsideration. In that letter or
				  thereafter, the Appeals Bureau may allow or request additional written argument
				  or documentation from any party, and if it does so, it will inform the party
				  when that submission is due.
(2)
				  The supplemental decision will state:
(A) The
				  issues raised by the request for reconsideration and any other matters the
				  Appeals Bureau deems warranted;
(B)
				  The facts, law, and analysis necessary to resolve those issues;
(C) The findings and conclusions of the
				  Appeals Bureau;
(D) Whether the
				  Appeals Bureau is making any adjustment to its decision; and
(E) Whether the appeal is denied in full,
				  granted in full, granted in part and denied in part, or remanded to BTFD or the
				  applicable state agency to perform a reaudit in accordance with the
				  supplemental decision.
(3) The provisions of regulation 35065, other
				  than subdivision (d), are applicable to the issuance and finality of a
				  supplemental decision. The letter described in subdivision (e) of regulation
				  35065 will also note that acceptance of any further request for reconsideration
				  is within the discretion of the Appeals Bureau.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 1 - Appeals › Article 8 - Appeals Conferences › Section 35067 - Public Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Appeals Bureau decision is that an amount exceeding
					 $50,000 be refunded, credited, or canceled, the fact that CDTFA will refund,
					 credit, or cancel such amount must be available as a public record, if required
					 by law, for at least 10 days after the effective date of the
					 determination.
Note: Authority cited: Sections
						15570.40
						and
						15606,
						Government Code; Section
						25215.74,
						Health and Safety Code; and Sections
						7051,
						8251,
						9251,
						30451,
						34013,
						38701,
						40171,
						41128,
						42103,
						43501,
						45851,
						46601,
						50152,
						55301
						and
						60601,
						Revenue and Taxation Code. Reference: Sections
						6901,
						6981,
						8126,
						8191,
						9151,
						9196,
						30361,
						30421,
						38601,
						38631,
						40111,
						40121,
						41100 41107, 43451, 43491, 45651,
						45801, 46501, 46551, 50139, 50151, 55221, 55281, 60521 and 60581, Revenue and
						Taxation Code.
Note: Authority cited: Sections
						15570.40
						and
						15606,
						Government Code; Section
						25215.74,
						Health and Safety Code; and Sections
						7051,
						8251,
						9251,
						30451,
						34013,
						38701,
						40171,
						41128,
						42020,
						42103,
						43501,
						45851,
						46601,
						50152,
						55301
						and
						60601,
						Revenue and Taxation Code. Reference: Sections
						6901,
						6981,
						8126,
						8191,
						9151,
						9196,
						30361,
						30421,
						38601,
						38631,
						40111,
						40121,
						41100 41107, 43451, 43491, 45651,
						45801, 46501, 46551, 50139, 50151, 55221, 55281 60521 and 60581, Revenue and
						Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 2 - Annotations › Section 35101 - Annotations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions.
				For purposes of this regulation, the following definitions shall apply:
(1) "Annotations" are summaries of the
				conclusions reached in selected legal rulings of counsel. Annotations do not
				embellish or interpret the legal rulings of counsel which they summarize and do
				not have the force and effect of law.
(2) "Legal ruling of counsel" means a legal
				opinion written and signed by CDTFA's Chief Counsel or an attorney who is the
				Chief Counsel's designee, addressing a specific inquiry, including an inquiry
				from a taxpayer or taxpayer representative, a local government agency, or CDTFA
				staff.
(3) "Current Legal Digest"
				means a publication containing drafts of new annotations CDTFA proposes to
				publish and previously published annotations CDTFA proposes to amend or
				depublish.
(4) "Tax" means any tax,
				fee, surcharge, or assessment administered by CDTFA.
(5) "CDTFA" means the California Department
				of Tax and Fee Administration.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 4 - Access to Public Records Maintained by the California Department of Tax and Fee Administration › Section 35301 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Access to public records maintained by the Department is governed by the
				California Public Records Act (Government Code section
				6250 et
				seq.). For purposes of this chapter, the term "public records" is defined in
				Government Code section
				6252,
				subdivision (e), and the term "Department" means the California Department of
				Tax and Fee Administration.
(b) The
				purpose of this chapter is to facilitate public access to the Department's
				public records and provide a better understanding of the types of public
				records available that pertain to the tax and fee programs administered by the
				Department.
1. New Chapter
				  4 (sections
				  35301-35305) and section filed
				  12-13-2021; operative 12-13-2021. Submitted to OAL for filing and printing
				  only. Exempt from the APA pursuant to Government Code section
				  15570.40(b)
				  (Register 2021, No. 51).
Note: Authority cited: Sections
					 6253.4,
					 15570.22,
					 15570.24,
					 15570.40
					 and
					 15570.42,
					 Government Code. Reference: Sections
					 6250,
					 6251,
					 6252 and
					 6253,
					 Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 4 - Access to Public Records Maintained by the California Department of Tax and Fee Administration › Section 35302 - Disclosure Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The public has a right under the Public Records Act to access
				  public records maintained by the Department. Public records that are not exempt
				  from disclosure by state or federal law may be inspected and copied by the
				  public pursuant to the procedures set forth in the Public Records Act
				  (Government Code section
				  6250 et
				  seq.) and this chapter. Examples of records that are exempt from disclosure
				  include, but are not limited to, tax and fee information that must be kept
				  confidential under state or federal laws, confidential legal advice, records
				  prepared in connection with pending litigation, preliminary drafts of
				  interagency and intra-agency memorandums and other documents not retained by
				  Department staff in the normal course of business, personnel, medical or
				  similar files, the disclosure of which would constitute an unwarranted invasion
				  of personal privacy, and test questions, scoring keys, and other data regarding
				  licensing, employment and academic examinations. Also, any reasonably
				  segregable portion of a public record may be inspected and copied after
				  deletion of the portions that are exempt from disclosure.
1. New section
				  filed 12-13-2021; operative 12-13-2021. Submitted to OAL for filing and
				  printing only. Exempt from the APA pursuant to Government Code section
				  15570.40(b)
				  (Register 2021, No. 51).
Note: Authority cited: Sections
					 6253.4,
					 15570.22,
					 15570.24,
					 15570.40
					 and
					 15570.42,
					 Government Code. Reference: Sections
					 6250,
					 6251,
					 6252,
					 6253,
					 6254,
					 6254.20,
					 6255 and
					 15570.84,
					 Government Code; and Sections
					 7056,
					 9255,
					 30455,
					 38705,
					 43651,
					 45982,
					 46751,
					 55381
					 and
					 60609,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 4 - Access to Public Records Maintained by the California Department of Tax and Fee Administration › Section 35303 - Cost for Copies of Public Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subdivision (b) of
				this regulation, or as otherwise provided in this chapter, any person making a
				request for copies of public records shall reimburse the Department for the
				cost of duplicating the records. If the Department must compile or extract
				electronic data or perform computer programming to produce a copy of an
				electronic record, the Department may charge its full costs in accordance with
				Government Code section
				6253.9.
(b) Copying costs may be waived when the
				total copying cost for the records requested is less than ten dollars
				($10).
1. New section
				  filed 12-13-2021; operative 12-13-2021. Submitted to OAL for filing and
				  printing only. Exempt from the APA pursuant to Government Code section
				  15570.40(b)
				  (Register 2021, No. 51).
Note: Authority cited: Sections
					 6253.4,
					 15570.22,
					 15570.24,
					 15570.40
					 and
					 15570.42,
					 Government Code. Reference: Sections
					 6253 and
					 6253.9,
					 Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 4 - Access to Public Records Maintained by the California Department of Tax and Fee Administration › Section 35304 - Procedure for Requesting Public Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided in this
				chapter, requests to inspect or obtain copies of public records may be made in
				writing and submitted to the Disclosure Office by email at
				Disclosure.Office@cdtfa.ca.gov, by fax at (916) 324-5995, or by mail at
				California Department of Tax and Fee Administration, Disclosure Office, PO Box
				942879, MIC: 82, Sacramento, CA 94279.
(b) Requests to inspect or obtain copies of
				public records shall provide a sufficiently specific description to allow the
				Department to identify the requested records. The Department's Disclosure
				Office will assist the public in making focused and effective requests that
				reasonably describe an identifiable record or records.
1. New section
				  filed 12-13-2021; operative 12-13-2021. Submitted to OAL for filing and
				  printing only. Exempt from the APA pursuant to Government Code section
				  15570.40(b)
				  (Register 2021, No. 51).
Note: Authority cited: Sections
					 6253.4,
					 15570.22,
					 15570.24,
					 15570.40
					 and
					 15570.42,
					 Government Code. Reference: Sections
					 6253 and
					 6253.1,
					 Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 5 - California Department of Tax and Fee Administration › Chapter 5 - County Revenue Protection Fund Regulations › Section 35401 - Registration, Reporting, and Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions. For purposes of this
				regulation, the following terms have the following meanings:
(1) "Contact information" means information
				the Department deems necessary to contact and communicate with the county
				registering for a County Revenue Protection Fund Account and with that county's
				authorized representative(s). Such information includes, but is not limited to,
				the county's current mailing address and the representative information for
				each of its representatives.
(2)
				"County" means a county in this state and "county" includes a city and
				county.
(3) "County Revenue
				Protection Fund Account" means an account issued and maintained by the
				Department to uniquely identify a county and each local agency in the county
				for purposes of reimbursement under subdivision (h).
(4) "Department" means the California
				Department of Tax and Fee Administration.
(5) "Fiscal year" means the one-year period
				beginning on July 1 and ending on June 30.
(6) "Gain" means the amount determined by
				adding the revenue increases and decreases specified in subdivision (a) of
				section 2.3 of article XIII A of the
				California Constitution, rounded to the nearest whole dollar.
(7) "Identifying information" means
				information the Department deems necessary to specifically identify the county
				and each local agency in the county. Such information includes, but is not
				limited to, the name and federal Employer Identification Number of the county
				and each local agency in the county, and the mailing addresses to send
				reimbursement to the county and each local agency in the county.
(8) "Local agency" means a city, a special
				district, or a school district as determined pursuant to subdivision (o) of
				section
				42238.02 of
				the Education Code as that subdivision read on January 8, 2020.
(9) "Negative gain" means a gain that is less
				than zero.
(10) "Representative
				information" means information the Department deems necessary to verify that an
				individual is authorized to represent a county and submit an application for
				registration under subdivision (c), report gains under subdivision (f), or
				request an extension under subdivision (g)(2) on behalf of the county. Such
				information includes, but is not limited to, the individual's first and last
				name, title, email address, and phone number.
(11) "State holiday" means a state holiday
				listed in section
				6700 of
				the Government Code, including every Sunday.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.00 - Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations shall be known as the "Regulations of
						the State Fire Marshal" and shall constitute the Basic Building Design and
						Construction Standards of the State Fire Marshal. They may be cited as such,
						and will be referred to herein as "these regulations."
1.
						Repealer of Subchapter 1 (1.01 through 80.04) and new Subchapter 1 (1.00
						through 80.15.7, not consecutive) filed 12-24-71; designated effective 2-1-72
						(Register 71, No. 52). For prior history see Registers 63, No. 8; 64, No. 8;
						66, Nos. 20 and 34; 67, No. 5; 68, Nos. 14, 37, 40; 69, Nos. 4 and 46; 70, Nos.
						27 and 48; 71, No. 13.
2. Change without regulatory effect of NOTE
						filed 8-24-88 (Register 88, No. 36).
Note: Authority cited: Sections
						  12081,
						  13108,
						  13143,
						  13143.6,
						  13144.4,
						  17920.7
						  and
						  18897.3,
						  Health and Safety Code. Reference: Sections
						  13100-
						  13146.5,
						  13210-
						  13216,
						  17921
						  and
						  18897-
						  18897.7,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.02 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations have been prepared and adopted for the
						purpose of establishing minimum standards for the prevention of fire and for
						the protection of life and property against fire, explosion and panic.
1. Change
						without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
Note: Authority cited: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.03 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 These regulations shall govern the use and maintenance of any building or
					 structure used or intended for use as an asylum, jail, mental hospital,
					 hospital, sanitarium, home for aged, children's home or institution, school or
					 any similar occupancy of any capacity; and any theater, dance hall, skating
					 rink, auditorium, assembly hall, meeting hall, night club, fair building, or
					 similar place of assemblage where 50 or more persons may gather together in a
					 building, room or structure for the purpose of amusement, entertainment,
					 instruction, deliberation, worship, drinking or dining, awaiting
					 transportation, or education, and in any building or structure which is open to
					 the public and is used or intended to be used for the showing of motion
					 pictures when an admission fee is charged and when such building or structure
					 has a capacity of 10 or more persons, and shall apply to both new and existing
					 occupancies.
EXCEPTION:
(1)
					 Buildings controlled by the Federal Government, provided they are not subject
					 to the provisions of Section
					 15452,
					 Education Code.
(2) Homes and
					 institutions and day care facilities which provide nonmedical board, room, and
					 care for 6 or fewer ambulatory children.
These regulations shall also apply to any building
						housing any occupancy when such building is used as an auxiliary or accessory
						structure to any of the occupancies specified herein. They do not apply to
						structural requirements not relating to fire and panic safety nor to matters
						dealing exclusively with health and sanitation.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.04 - Basis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are intended to establish reasonable
						fire, explosion, and panic safety standards and are predicated on the basis
						that the area, height and fire-resistive qualities of buildings housing the
						various type occupancies regulated herein are substantially consistent with the
						fire, explosion and panic safety provisions of nationally recognized standards.
						When the area, height, fire-resistive qualities, and arrangement of exits of a
						building do not conform to these regulations for the occupancy in question,
						additional exit facilities, fire separations, and fire extinguishing systems as
						are deemed necessary by the inspection authority, shall be provided to afford a
						degree of safety to the occupants of the building substantially equivalent to
						these regulations.
1.
						Editorial correction (Register 71, No. 52 errata sheets).
2. Change
						without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
Note: Authority cited: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.05 - Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Every occupancy within the scope of these regulations shall be staffed with
					 competent adult persons who shall give an alarm in the event of fire, assist
					 the occupants of the building to safety and take other action as
					 necessary.
(b) When any child in a
					 R-3.1 Occupancy is 12 years of age or less and is housed above the first floor,
					 an adult supervisor shall be housed on the floor used by the child. The adult
					 supervisor shall meet the requirements of the appropriate licensing or
					 certifying agency. Such adult supervisor shall have access to the bedroom of
					 the child without exposure to any unprotected interior stairway.
NOTE: It is the intent of this section to permit the aid
						of the adult supervisor in evacuating the child from the building. Exits shall
						not be blocked so as to impair access either for the adult to the child, or
						from the child's bedroom to the exterior.
1.
						Amendment filed 11-27-79; effective thirtieth day thereafter (Register 79, No.
						48).
2. Change without regulatory effect amending subsection (b)
						filed 2-25-2003 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2003, No. 9).
3. Amendment of subsection (b)
						filed 1-12-2011; operative 1-12-2011 pursuant to Government Code section
						11343.4
						(Register 2011, No. 2).
Note: Authority cited: Sections
						  13108
						  and
						  13143,
						  Health and Safety Code. Reference: Sections
						  13100-
						  13146.5,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.06 - Validity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any article, section, subsection, sentence, clause or
						phrase of these regulations is for any reason held to be unconstitutional,
						contrary to statute, exceeding the authority of the State Fire Marshal, or
						otherwise inoperative, such decision shall not affect the validity of the
						remaining portion of these regulations.
1. Change
						without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
Note: Authority cited: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.07 - Local Ordinances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing contained in these regulations shall be
						considered as abrogating the provisions of any ordinance, rule or regulation of
						any city, city and county, or county governmental agency, providing such local
						ordinance, rule or regulation is not less stringent than these minimum
						standards.
NOTE: No local ordinance, rule or regulation shall be
						applicable to any of the following:
(a) Public Schools. (Hall v City of Taft, 47
					 Cal. 2d 177.)
(b) State-owned and
					 state-occupied buildings and state institutions (Kuback Co. v McGuire, 199 Cal.
					 215 and cases cited. Also Section
					 13108,
					 Health and Safety Code.)
(c)
					 Community care facilities as defined in Section
					 1502,
					 Health and Safety Code and classified as I-1, I-4, R-2.1, R-3.1 or R-4
					 Occupancies in California Code of Regulations, Title 24, Part 2. (Section
					 13143,
					 Health and Safety Code.)
(d)
					 Organized Camps. (Attorney General letter of opinion dated October 24,
					 1974--Opinion No. 74/254 I.L.)
1.
						Amendment filed 11-27-79; effective thirtieth day thereafter (Register 79, No.
						48).
2. Change without regulatory effect amending subsection (c)
						filed 2-25-2003 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2003, No. 9).
3. Amendment of subsection (c)
						filed 1-12-2011; operative 1-12-2011 pursuant to Government Code section
						11343.4
						(Register 2011, No. 2).
Note: Authority cited: Sections
						  13108,
						  13143,
						  13143.6,
						  13211
						  and
						  18897.3,
						  Health and Safety Code. Reference: Sections
						  13100-
						  13146.5,
						  13210-
						  13216
						  and
						  18897-
						  18897.7,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.08 - Report of Arrest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any inspection authority who, in the exercise of his
						authority as a Deputy State Fire Marshal, causes any legal complaints to be
						filed or any arrest to be made shall notify the State Fire Marshal immediately
						following such action.
1. New
						NOTE filed 1-12-2011; operative 1-12-2011 pursuant to Government Code section
						11343.4
						(Register 2011, No. 2).
Note: Authority cited: Sections
						  13103
						  and
						  13104,
						  Health and Safety Code. Reference: Sections
						  13103
						  and
						  13104,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.09 - Fire and Life Safety References and Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The installation, maintenance, and operation of any material, appliance,
					 furnishing or process and the maintenance and operation of any building housing
					 occupancies governed by these regulations shall be such that no undue hazard to
					 life and property is created or permitted. When these regulations do not
					 specifically cover any matter pertaining to fire and life safety, recognized
					 fire prevention engineering practices shall be employed including but not
					 limited to the following reference publications:
(1) The National Fire Codes and the Fire
					 Protection Handbook published by the National Fire Protection Association may
					 be used as authoritative guides in determining recognized fire prevention
					 engineering practices.
(2) The
					 California Code of Regulations, Title 24, Part 9, California Fire Code, is
					 hereby adopted by reference for the purpose of establishing minimum
					 requirements relative to the control of conditions hazardous to life or
					 property in the use or occupancy of buildings or premises. (See Section
					 1.09.1 for Order of
					 Precedence).
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.09.1 - Order of Precedence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of any differences between these regulations
						and the standard reference documents or standard fire prevention practices, the
						text of these regulations shall govern. Where a specific provision varies from
						a general provision, the specific provision shall apply.
1. New
						section filed 2-7-75; effective thirtieth day thereafter (Register 75, No.
						6).
2. Change without regulatory effect of NOTE filed 8-24-88
						(Register 88, No. 36).
Note: Authority cited: Sections
						  12081,
						  13108,
						  13143,
						  13143.6,
						  13211,
						  17920.7
						  and
						  18897.3,
						  Health and Safety Code. Reference: Sections
						  12000-
						  12401,
						  13100-
						  13146.5,
						  13210-
						  13216,
						  17921
						  and
						  18897-
						  18897.7,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.10 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who violates any regulation contained in this
						subchapter shall be considered in violation of the statutes under which these
						regulations have been adopted.
1.
						Amendment filed 7-2-74 as an emergency; designated effective 7-2-74.
						Certificate of Compliance included (Register 74, No. 27).
2. Change
						without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
Note: Authority cited: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.11 - Enforcement of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In most instances the application of regulations to
						existing occupancies will necessitate the granting of sufficient time to effect
						the necessary changes. The inspection authority must, therefore, exercise good
						judgment in authorizing sufficient time to complete the required changes,
						taking into consideration the degree of danger to life in event of fire while
						rectification is being carried out. The inspection authority may require
						immediate compliance with any or all of the regulations, or he may grant a
						reasonable length of time in which to conform.
1. Change
						without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
2. Amendment of NOTE filed 1-12-2011; operative 1-12-2011
						pursuant to Government Code section
						11343.4
						(Register 2011, No. 2).
Note: Authority cited: Sections
						  13104,
						  13104.5,
						  13108,
						  13109,
						  13145,
						  13146
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  13104,
						  13104.5,
						  13108,
						  13109,
						  13145,
						  13146
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.12 - Enforcement Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The provisions of these regulations shall be enforced by the State Fire
					 Marshal, the chief of any city or county fire department or fire protection
					 district, and their authorized representatives, in their respective areas of
					 jurisdiction.
(b) The division of
					 authority for the enforcement of these regulations shall be in accordance with
					 the following:
(1) The chief of any city or
					 county fire department or fire protection district, and their authorized
					 representatives shall enforce the rules and regulations in their respective
					 areas.
(2) The State Fire Marshal
					 shall have authority to enforce the rules and regulations in areas outside of
					 corporate cities and county fire protection districts.
(3) The State Fire Marshal shall have
					 authority to enforce the rules and regulations in corporate cities and county
					 fire protection districts upon request of the chief fire official or the
					 governing body.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.13 - Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
						13112
						of the Health and Safety Code provides that:
(a) "Every person who violates any provision
					 of this chapter, or any order, rule or regulation made pursuant to this chapter
					 is guilty of a misdemeanor punishable by a fine of not less than one hundred
					 dollars ($100) nor more than five hundred dollars ($500), or by imprisonment
					 for not more than six months, or by both."
(b) "A person is guilty of a separate offense
					 each day during which he commits, continues, or permits a violation of any
					 provision of, or any order, rule or regulation made pursuant to, this
					 chapter."
1. Change
						without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
2. Amendment of subsection (a) and NOTE filed 1-12-2011;
						operative 1-12-2011 pursuant to Government Code section
						11343.4
						(Register 2011, No. 2).
Note: Authority cited: Sections
						  13112
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  13112
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.14 - Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every fire alarm system or device, sprinkler system, fire
						extinguisher, fire hose, fire resistive assembly or any other fire safety
						assembly, device, material or equipment installed and retained in service in
						any building or structure subject to these regulations shall be maintained in
						an operable condition at all times in accordance with these regulations and
						with their intended use.
1. New
						section filed 11-4-77; effective thirtieth day thereafter (Register 77, No.
						45). For history of former section, see Register 72, No. 11.
2.
						Change without regulatory effect adding NOTE filed 8-24-88 (Register 88, No.
						36).
Note: Authority cited: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code. Reference: Sections
						  17920.7
						  and
						  17921,
						  Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1 - Basic Operational Requirements › Section 1.15 - Labels. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 3-10-72; effective thirtieth day thereafter (Register 72, No.
						11).
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 1 - General Fire and Panic Safety Standards › Subchapter 1 - Administration › Article 1.5 - Construction Materials and Equipment Listings [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 1.5 (Sections
					 1.50 through
					 1.63) filed 3-10-72; effective
					 thirtieth day thereafter (Register 72, No. 11).
2. Renumbering of
					 Section 1.50 to Section
					 1.49 filed 11-27-79; effective
					 thirtieth day thereafter (Register 79, No. 48).
3. Change without
					 regulatory effect transferring and reorganizing Subchapter 1 (Article 1.5,
					 Sections 1.49-1.63) as Subchapter 1.5
					 (Articles 1-8, Sections
					 200-217) filed 5-28-86; effective
					 thirtieth day thereafter (Register 86, No. 22). For prior history, see Register
					 84, No. 49.
Note: Authority cited: Section
						11349.1,
						Government Code.