Health and Safety Code — Part 32 | HSC — United States — California law | Esheria

Health and Safety Code

Part 32 of 87 · provisions 6,201–6,400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 13110.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may make and run regulations needed for fire safety in buildings and structures, and the Office of the State Fire Marshal may set and collect reasonable fees to carry out this section.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13110. (a) Notwithstanding any other provision of this part, the State Fire Marshal may propose, adopt, and administer the regulations that he or she deems necessary in order to ensure fire safety in buildings and structures within this state including regulations related to construction, modification, installation, testing, inspection, labeling, listing, certification, registration, licensing, reporting, operation, and maintenance. Regulations that are building standards shall be submitted to the State Building Standards Commission for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. (b) The Office of the State Fire Marshal may establish and collect reasonable fees necessary to implement this section, consistent with Section 3 of Article XIII A of the California Constitution. (Added by Stats. 2013, Ch. 377, Sec. 4. (AB 433) Effective January 1, 2014.)
  2. 13110.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must propose updates to fire standards for certain lithium-based battery systems used at facilities controlled by communications utilities.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13110.3. The State Fire Marshal shall, before the next triennial edition of the California Building Standards Codes (Title 24 of the California Code of Regulations) adopted after January 1, 2025, propose to the California Building Standards Commission updates to the fire standards described in Title 24 of the California Code of Regulations relating to requirements for those lithium-based battery systems that are compliant with UL 9540 at facilities under the exclusive control of communications utilities in order to support compliance with regulations adopted by the Public Utilities Commission relating to 72-hour backup power requirements pursuant to Section 776.2 of the Public Utilities Code. The updates proposed by the State Fire Marshal pursuant to this section shall address the specific environments in which communications utilities shall deploy lithium-based battery systems in order to meet the requirements implemented pursuant to Section 776.2 of the Public Utilities Code. (Added by Stats. 2024, Ch. 781, Sec. 1. (SB 1152) Effective January 1, 2025.)
  3. 13110.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must collect fire and incident statistics and adopt reporting regulations. Certain fire officials must provide incident information to the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13110.5. The State Fire Marshal shall gather statistical information on all fires, medical aid incidents, and hazardous materials incidents occurring within this state. The chief fire official of each fire department operated by the state, a city, city and county, fire protection district, organized fire company, or other public or private entity which provides fire protection, shall furnish information and data to the State Fire Marshal relating to each fire which occurs within his or her area of jurisdiction. The chief fire official of each fire department operated by the state shall, and the chief fire official of fire departments operated by a city, city and county, fire protection district, organized fire company, or other public or private entity which provides fire protection may, also furnish information and data to the State Fire Marshal relating to medical aid incidents and hazardous materials incidents which occur within their area of jurisdiction. The State Fire Marshal shall adopt regulations prescribing the scope of the information to be reported, the manner of reporting the information, the forms to be used, the time the information shall be reported, and other requirements and regulations as the State Fire Marshal determines necessary. The State Fire Marshal shall annually analyze the information and data reported, compile a report, and disseminate a copy of the report, together with his or her analysis, to each chief fire official in the state. The State Fire Marshal shall also furnish a copy of his or her report and analysis to the State Emergency Medical Services Authority and any other interested person upon request. (Amended by Stats. 1987, Ch. 345, Sec. 1.)
  4. 13110.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must keep a registry of burn injuries and deaths, compile an annual statistical report, and work with burn centers to create the reporting form. Burn center directors must file reports about qualifying burn injuries, smoke inhalation injuries, and burn-related deaths.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13110.7. The State Fire Marshal shall establish and maintain a registry of burn injuries and deaths, and shall annually compile a statistical report of such injuries and deaths. The director of every burn center which examines, treats, or admits a person with a burn or smoke inhalation injury or a person who suffers a burn-related death shall file a report with the State Fire Marshal describing the injury or death at the end of the examination or treatment or at the time the patient is discharged from the burn center or at the time of the patient’s death. As used in this section, the term “burn center” means an intensive care unit in which there are specially trained physicians, nursing and supportive personnel and the necessary monitoring and therapeutic equipment needed to provide specialized medical and nursing care to burned patients. The State Fire Marshall shall, in cooperation with the burn centers, develop the form to be used in reporting information to the State Fire Marshal under this section. (Amended by Stats. 1980, Ch. 149.)
  5. 131100.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must carry out duties required by law to detect and prevent adulteration of food and drink articles, and to punish people who violate laws against that adulteration.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131100. The department shall perform duties as required by law for the detection and prevention of the adulteration of articles used for food and drink, and for the punishment of persons guilty of violation of any law providing against their adulteration. (Added by renumbering Section 100200 by Stats. 2006, Ch. 241, Sec. 25. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  6. 131105.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must examine, and may prevent, pollution of sources of public domestic water and ice supply.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131105. The department shall examine and may prevent the pollution of sources of public domestic water and ice supply. (Added by renumbering Section 100205 by Stats. 2006, Ch. 241, Sec. 26. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  7. 13111.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may adopt a model ordinance for qualifying local agencies.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13111. The State Fire Marshal may adopt a model ordinance for adoption by any local agency authorized pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code to establish uniform schedules and rates for assessments for fire suppression services as provided in Section 50078.2 of the Government Code. (Added by Stats. 1982, Ch. 1396, Sec. 18.)
  8. 13111.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal’s office may spend appropriated money for its legal enforcement work, and it may withdraw up to $5,000 each fiscal year for investigative purposes without vouchers or itemized statements at the time of withdrawal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13111.1. (a) The office of the State Fire Marshal may expend money appropriated for the administration of the laws, the enforcement of which is committed to the office. Such expenditures by the office shall be made in accordance with law in carrying on the work for which such appropriations were made. (b) A sum, not to exceed five thousand dollars ($5,000) in each fiscal year, may be withdrawn for investigative purposes from General Fund money appropriated in support of the office of the State Fire Marshal, without at the time furnishing vouchers and itemized statements. This sum shall be used as a revolving fund where cash advances are necessary, and at the close of each fiscal year, or any other time, upon demand of the Department of Finance, shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the State Controller. (Amended by Stats. 1978, Ch. 562.)
  9. 13111.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Department of Health must run a loan program for certain nonprofit children’s institutions and homes for the aging, using appropriated funds, to help pay for sprinkler systems or approved detectors.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13111.3. The State Department of Health shall establish and administer a program which will make loans available to private nonprofit children’s institutions and private nonprofit homes for the aging which are nonprofit community care facilities for adults under subdivision (a) of Section 1502 of the Health and Safety Code from such funds as may be appropriated by the Legislature to pay the cost of the installation of automatic sprinkler systems or detectors responding to invisible products of combustion other than heat approved by the State Fire Marshal. Any loan pursuant to this section shall bear interest at a rate of 5 percent per annum and shall not be for a term exceeding 30 years. The State Department of Health shall adopt and enforce such regulations as may be necessary for the reasonable administration of the loan program which it is required by this section to establish and administer. (Amended by Stats. 1975, Ch. 406.)
  10. 131110.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must maintain a program of Environmental Management.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131110. (a) The department shall maintain a program of Environmental Management. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 126) and added by Stats. 2014, Ch. 35, Sec. 127. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  11. 131115.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may maintain and run a mental health service to advise and assist local health and education departments, and it may carry out related activities needed to develop mental health services.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131115. The department may maintain a mental health service that shall advise and assist local departments of health and education in the establishment of mental health services, particularly in connection with maternal and child health conferences and in the schools of the state. The department may conduct these activities as may be required in the development of mental health services as related to public health. This section does not authorize any form of compulsory medical or physical examination, treatment, or control of any person. (Added by renumbering Section 100215 by Stats. 2006, Ch. 241, Sec. 28. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  12. 13112.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Anyone who violates this chapter, or rules made under it, commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13112. Every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment for not more than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to, this chapter. (Amended by Stats. 1984, Ch. 322, Sec. 1.)
  13. 13112.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Courts must send certain fire-code fines and forfeitures to the county treasurer quickly, then the county auditor must split and forward the money monthly as directed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13112.1. Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, as a result of citations issued by the State Fire Marshal or salaried deputy state fire marshals employed by the State of California, for any violation of this part or of any regulation adopted pursuant to this part, shall be deposited, as soon as practicable after the receipt of the fine or forfeiture, with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid at least once a month as follows: (a) One-half to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the California Fire and Arson Training Fund, on order of the Controller. At the time of the transmittal, the county auditor shall forward to the Controller, on the form or forms prescribed by the Controller, a record of the imposition, collection, and payments of the fines or forfeitures. (b) One-half to the county in which the offense was committed for disposition as provided in Section 1463 of the Penal Code. (Amended by Stats. 1985, Ch. 333, Sec. 1.)
  14. 13112.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Revenue collected under Section 13112.1(a) must be deposited into the California Fire and Arson Training Fund.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13112.2. All revenue collected pursuant to subdivision (a) of Section 13112.1 shall be deposited in the California Fire and Arson Training Fund and shall be available, when appropriated by the Legislature, for the office of the State Fire Marshal to support fire training. (Amended by Stats. 1985, Ch. 333, Sec. 2.)
  15. 131125.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must enforce Section 383b of the Penal Code.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131125. The department shall enforce Section 383b of the Penal Code. (Added by renumbering Section 100225 by Stats. 2006, Ch. 241, Sec. 29. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  16. 13113.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Certain care facilities with more than six residents or patients may not be operated unless approved automatic sprinkler systems are installed and kept operable, subject to listed exemptions.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13113. (a) Except as otherwise provided in this section, a person, firm, or corporation shall not establish, maintain, or operate a hospital, children’s home, children’s nursery, or institution, home or institution for the care of people who are elderly, persons with mental health disorders or intellectual disabilities, or nursing or convalescent home, wherein more than six guests or patients are housed or cared for on a 24-hour-per-day basis unless there is installed and maintained in an operable condition in every building, or portion thereof where patients or guests are housed, an automatic sprinkler system approved by the State Fire Marshal. (b) This section shall not apply to homes or institutions for the 24-hour-per-day care of ambulatory children if all of the following conditions are satisfied: (1) The buildings, or portions thereof where children are housed, are not more than two stories in height and are constructed and maintained in accordance with regulations adopted by the State Fire Marshal pursuant to Section 13143 and building standards published in the California Building Standards Code. (2) The buildings, or portions thereof housing more than six children, shall have installed and maintained in an operable condition therein a fire alarm system of a type approved by the State Fire Marshal. The system shall be activated by detectors responding to invisible products of combustion other than heat. (3) The buildings or portions thereof do not house children with mental health disorders or children with intellectual disabilities. (c) This section shall not apply to any one-story building or structure of an institution or home for the care of the aged providing 24-hour-per-day care if the building or structure is used or intended to be used for the housing of no more than six ambulatory aged persons. However, the buildings or institutions shall have installed and maintained in an operable condition therein a fire alarm system of a type approved by the State Fire Marshal. The system shall be activated by detectors responding to products of combustion other than heat. (d) This section does not apply to occupancies, or any alterations thereto, located in type I construction, as defined by the State Fire Marshal, under construction or in existence on March 4, 1972. (e) “Under construction,” as used in this section, means that actual work shall have been performed on the construction site and shall not be construed to mean that the hospital, home, nursery, institution, sanitarium, or a portion thereof, is in the planning stage. (Amended by Stats. 2014, Ch. 144, Sec. 38. (AB 1847) Effective January 1, 2015.)
  17. 13113.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt regulations requiring certain small, 24-hour care facilities without sprinkler systems to install automatic fire devices triggered by combustion products other than heat.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13113.5. The State Fire Marshal shall adopt regulations requiring the installation of automatic fire devices activated by products of combustion other than heat in all facilities within the scope of Sections 13143 and 13143.6, which provide 24-hour per day care, which house six or fewer persons, and which do not have automatic sprinkler systems. (Added by Stats. 1978, Ch. 693.)
  18. 13113.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Operators of certain live entertainment venues must announce the availability of emergency exits before the show starts.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13113.6. (a) Any person, or public or private firm, organization, or corporation, that owns, rents, leases, or manages a facility that hosts a ticketed event for live entertainment shall make an announcement of the availability of emergency exits prior to the beginning of the live entertainment. (b) As used in this section, “facility” means a building or portion of a building having an assembly room with an occupancy load of less than 1,000 persons and a legitimate stage for the gathering together of 50 or more persons as defined pursuant to Division 2 of Section 303.1.1 of Title 24 of the California Code of Regulations (California Building Code of 2001). (Added by Stats. 2005, Ch. 537, Sec. 1. Effective January 1, 2006.)
  19. 13113.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    This section requires smoke alarms in covered dwellings, sets owner and tenant responsibilities, and limits when a permit can be signed off for certain work.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13113.7. (a) (1) Except as otherwise provided in this section, smoke alarms, approved and listed by the State Fire Marshal pursuant to Section 13114 at the time of installation, shall be installed, in accordance with the manufacturer’s instructions in each dwelling intended for human occupancy. (2) For all dwelling units intended for human occupancy for which a building permit is issued on or after January 1, 2014, for alterations, repairs, or additions exceeding one thousand dollars ($1,000), the permit issuer shall not sign off on the completion of work until the permittee demonstrates that all smoke alarms required for the dwelling unit are devices approved and listed by the State Fire Marshal pursuant to Section 13114. (3) However, if any local rule, regulation, or ordinance, adopted prior to January 1, 1987, requires installation in a dwelling unit intended for human occupancy of smoke alarms which receive their power from the electrical system of the building and requires compliance with the local rule, regulation, or ordinance at a date subsequent to the dates specified in this section, the compliance date specified in the rule, regulation, or ordinance shall, but only with respect to the dwelling units specified in this section, take precedence over the date specified in this section. (4) Unless prohibited by local rules, regulations, or ordinances, a battery-operated smoke alarm, which otherwise met the standards adopted pursuant to Section 13114 for smoke alarms at the time of installation, satisfies the requirements of this section. (5) A fire alarm system with smoke detectors installed in accordance with the State Fire Marshal’s regulations may be installed in lieu of smoke alarms required pursuant to paragraph (1) or (2) of this subdivision, or paragraph (3) of subdivision (d). (b) “Dwelling units intended for human occupancy,” as used in this section, includes a one- or two-unit dwelling, lodging house, apartment complex, hotel, motel, condominium, stock cooperative, time-share project, or dwelling unit of a multiple-unit dwelling complex, or factory-built housing as defined in Section 19971. For the purpose of this part, “dwelling units intended for human occupancy” does not include manufactured homes as defined in Section 18007, mobilehomes as defined in Section 18008, and commercial coaches as defined in Section 18001.8. (c) A high-rise structure, as defined in subdivision (b) of Section 13210 and regulated by Chapter 3 (commencing with Section 13210), and which is used for purposes other than as dwelling units intended for human occupancy, is exempt from the requirements of this section. (d) (1) The owner shall be responsible for testing and maintaining alarms in hotels, motels, lodging houses, apartment complexes, and other multiple-dwelling complexes in which units are neither rented nor leased. (2) The owner of a hotel, motel, lodging house, apartment complex, or other multiple-dwelling complex in which units are rented or leased, and commencing January 1, 2014, the owner of a single-family dwelling that is rented or leased, shall be responsible for testing and maintaining alarms required by this section as follows: (A) An owner or the owner’s agent may enter any dwelling unit, efficiency dwelling unit, guest room, and suite owned by the owner for the purpose of installing, repairing, testing, and maintaining single station smoke alarms required by this section. Except in cases of emergency, the owner or owner’s agent shall give the tenants of each such unit, room, or suite reasonable notice in writing of the intention to enter and shall enter only during normal business hours. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. (B) At the time that a new tenancy is created, the owner shall ensure that smoke alarms are operable. The tenant shall be responsible for notifying the manager or owner if the tenant becomes aware of an inoperable smoke alarm within his or her unit. The owner or authorized agent shall correct any reported deficiencies in the smoke alarm and shall not be in violation of this section for a deficient smoke alarm when he or she has not received notice of the deficiency. (3) On or before January 1, 2016, the owner of a dwelling unit intended for human occupancy in which one or more units is rented or leased shall install additional smoke alarms, as needed, to ensure that smoke alarms are located in compliance with current building standards. Existing alarms need not be replaced unless the alarm is inoperable. New smoke alarms installed in compliance with current building standards may be battery operated provided the alarms have been approved by the State Fire Marshal for sale in the state. This paragraph shall not apply to fire alarm systems with smoke detectors, fire alarm devices that connect to a panel, or other devices that use a low-power radio frequency wireless communication signal. (e) A violation of this section is an infraction punishable by a maximum fine of two hundred dollars ($200) for each offense. (f) This section shall not affect any rights which the parties may have under any other provision of law because of the presence or absence of a smoke alarm. (Amended by Stats. 2012, Ch. 420, Sec. 1. (SB 1394) Effective January 1, 2013.)
  20. 13113.8.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Homes and factory-built housing sold after January 1, 1986 must have an operable smoke alarm, and certain property transferors must give the buyer a written compliance statement.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13113.8. (a) On and after January 1, 1986, every single-family dwelling and factory-built housing, as defined in Section 19971, which is sold shall have an operable smoke alarm. At the time of installation, the alarm shall be approved and listed by the State Fire Marshal and installed in accordance with the State Fire Marshal’s regulations. Unless prohibited by local rules, regulations, or ordinances, a battery-operated smoke alarm that met the standards adopted pursuant to Section 13114 for smoke alarms at the time of installation shall be deemed to satisfy the requirements of this section. (b) On and after January 1, 1986, the transferor of any real property containing a single-family dwelling, as described in subdivision (a), whether the transfer is made by sale, exchange, or real property sales contract, as defined in Section 2985 of the Civil Code, shall deliver to the transferee a written statement indicating that the transferor is in compliance with this section. The disclosure statement shall be either included in the receipt for deposit in a real estate transaction, an addendum attached thereto, or a separate document. (c) The transferor shall deliver the statement referred to in subdivision (b) as soon as practicable before the transfer of title in the case of a sale or exchange, or prior to execution of the contract where the transfer is by a real property sales contract, as defined in Section 2985. For purposes of this subdivision, “delivery” means delivery in person or by mail to the transferee or transferor, or to any person authorized to act for him or her in the transaction, or to additional transferees who have requested delivery from the transferor in writing. Delivery to the spouse of a transferee or transferor shall be deemed delivery to a transferee or transferor, unless the contract states otherwise. (d) This section does not apply to any of the following: (1) Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code. (2) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance. (3) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale. (4) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. (5) Transfers from one coowner to one or more coowners. (6) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors. (7) Transfers between spouses resulting from a decree of dissolution of a marriage, from a decree of legal separation, or from a property settlement agreement incidental to either of those decrees. (8) Transfers by the Controller in the course of administering the Unclaimed Property Law provided for in Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (9) Transfers under the provisions of Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (e) No liability shall arise, nor any action be brought or maintained against, any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy, or omission relating to the disclosure required to be made by a transferor pursuant to this section. However, this subdivision does not apply to a licensee, as defined in Section 10011 of the Business and Professions Code, where the licensee participates in the making of the disclosure required to be made pursuant to this section with actual knowledge of the falsity of the disclosure. (f) Except as otherwise provided in this section, this section shall not be deemed to create or imply a duty upon a licensee, as defined in Section 10011 of the Business and Professions Code, or upon any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, to monitor or ensure compliance with this section. (g) No transfer of title shall be invalidated on the basis of a failure to comply with this section, and the exclusive remedy for the failure to comply with this section is an award of actual damages not to exceed one hundred dollars ($100), exclusive of any court costs and attorney’s fees. (h) Local ordinances requiring smoke alarms in single-family dwellings may be enacted or amended. However, the ordinances shall satisfy the minimum requirements of this section. (i) For the purposes of this section, “single-family dwelling” includes a one- or two-unit dwelling, but does not include a manufactured home as defined in Section 18007, a mobilehome as defined in Section 18008, or a commercial coach as defined in Section 18001.8. (Amended by Stats. 2012, Ch. 420, Sec. 2. (SB 1394) Effective January 1, 2013.)
  21. 13113.9.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt burglar-bar labeling and packaging regulations, sellers may not sell unlabeled burglar bars, installers must give owners the required warning copy, and unopenable burglar bars are barred in specified housing situations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13113.9. (a) For the purposes of this section: (1) “Burglar bars” are security bars located on the inside or outside of a door or window of a residential dwelling. (2) “Residential dwelling” means a house, apartment, motel, hotel, or other type of residential dwelling subject to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13) and a manufactured home, mobilehome, and multiunit manufactured housing as defined in the Mobilehome-Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13). (b) On or before July 1, 1998, the State Fire Marshal shall develop and adopt regulations for the labeling and packaging of burglar bars addressing the requirements in the California Building Standards Code intended to promote safety in the event of a fire. For this purpose, the regulations shall include specification of the language to be printed on the packaging, the location of the language on the packaging, and the height and stroke of the print type to be utilized. The regulations shall direct the consumer or installer to contact the local fire department or local building official to determine whether the city or county requires that the burglar bars have a release mechanism on the outside for use by the fire department in the event of a fire emergency. (c) Burglar bars shall not be sold in California at wholesale or retail unless the burglar bars are either labeled or their packaging contains the warning information specified in the regulations adopted pursuant to subdivision (b). (d) Any contractor or installer of burglar bars shall provide the owner of the residential dwelling a copy of the warning information required pursuant to subdivision (b) prior to installing burglar bars. (e) No person shall install unopenable burglar bars on a residential dwelling (1) where the California Building Standards Code requires openable burglar bars for emergency escape or rescue, or (2) on mobilehomes, manufactured homes, or multiunit manufactured housing unless at least one window or door to the exterior in each bedroom is openable for emergency escape or rescue. (Amended by Stats. 1998, Ch. 730, Sec. 1. Effective January 1, 1999.)
  22. 131130.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    A person who knowingly and willfully sells or offers certain food, drug, device, or cosmetic products for sale after required written notice may be fined or jailed.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131130. (a) Any person who willfully sells, keeps for sale, or offers for sale any food, drug, device, or cosmetic knowing, after a written notice from either (1) a manufacturer, wholesaler, distributor, or importer, or (2) the department or a local health officer that the product linked to an outbreak of illness, injury, or product tampering is being ordered removed from sale by the department pursuant to Section 131080, shall, upon conviction, be punished by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both a fine and imprisonment. (b) If a second or subsequent violation is committed after a previous conviction under this section has become final, the person shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both a fine and imprisonment. (c) Notwithstanding any other provision of law, the court may suspend the minimum fines provided for in this section if it determines that there are circumstances in mitigation and the court states on the record its reasons for suspending the minimum fine. (Amended by Stats. 2011, Ch. 15, Sec. 204. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  23. 131135.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    If someone violates Section 131130, the court may make probation depend on the defendant paying compliance-monitoring expenses instead of a fine.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131135. Whenever any person violates any provision of Section 131130, the court may, as a condition of probation, order the defendant to pay, in lieu of any fine, any expenses, both direct and indirect, incurred by a local health department or the department in monitoring compliance with the order pursuant to Section 131080, including, but not limited to, the costs of conducting inspections and imposing embargoes. The total costs payable to the department and local health departments collectively imposed pursuant to this section shall not exceed the maximum fine for the offense of which the defendant is convicted. Any amount collected under this section shall be paid to the local health department incurring the expenses or, if to reimburse costs of the department, into the General Fund. (Added by renumbering Section 100235 by Stats. 2006, Ch. 241, Sec. 31. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  24. 13114.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must regulate and approve fire alarm systems and smoke alarms, and most persons may not sell or distribute them in this state unless approved and listed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13114. (a) The State Fire Marshal, with the advice of the State Board of Fire Services, shall adopt regulations and standards as he or she may determine to be necessary to control the quality and installation of fire alarm systems and fire alarm devices marketed, distributed, offered for sale, or sold in this state. (b) (1) No person shall market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. (2) (A) Except as provided in subparagraph (B), commencing July 1, 2014, in order to be approved and listed by the State Fire Marshal, a smoke alarm that is only operated by a battery shall contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years. (B) This paragraph shall not apply to smoke alarms that have been ordered by, or are in the inventory of, an owner, managing agent, contractor, wholesaler, or retailer on or before July 1, 2014, until July 1, 2015. (3) Commencing January 1, 2015, in order to be approved and listed by the State Fire Marshal, a smoke alarm shall display the date of manufacture on the device, provide a place on the device where the date of installation can be written, and incorporate a hush feature. (4) The State Fire Marshal shall have the authority to create exceptions to paragraphs (2) and (3) through its regulatory process. The exceptions that may be considered as part of the regulatory process shall include, but are not limited to, fire alarm systems with smoke detectors, fire alarm devices that connect to a panel, or other devices that use a low-power radio frequency wireless communication signal. (5) The State Fire Marshal shall approve the manufacturer’s instructions for each smoke alarm and shall ensure that the instructions are consistent with current building standard requirements for the location and placement of smoke alarms. (Amended by Stats. 2013, Ch. 183, Sec. 21. (SB 745) Effective January 1, 2014.)
  25. 13114.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must, when resources are available, prepare and distribute public education materials about the dangers of illegal burglar bars.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13114.1. To the extent that resources are available, the State Fire Marshal shall prepare and distribute for use by local agencies, community groups, and private firms, public education materials about the dangers of illegal burglar bars. These public education materials shall use multiple media, including Braille, 18-point type, cassette tape, and computer disk for those who are print impaired, and multiple languages, as the State Fire Marshal determines appropriate. (Added by Stats. 1998, Ch. 730, Sec. 2. Effective January 1, 1999.)
  26. 13114.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt standards for burglar bars and safety release mechanisms, and after July 1, 2000, no person may sell or install them in California unless approved by a testing laboratory recognized by the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13114.2. (a) On or before January 1, 2000, the State Fire Marshal shall adopt regulations and standards to control the quality and installation of burglar bars and safety release mechanisms for emergency escape/rescue windows or doors installed, marketed, distributed, offered for sale, or sold in this state. (b) On and after July 1, 2000, no person shall install, market, distribute, offer for sale, or sell burglar bars and safety release mechanisms for emergency escape/rescue windows or doors in this state unless the burglar bars and safety release mechanisms have been approved by a testing laboratory recognized by the State Fire Marshal. (c) As used in this section: (1) “Burglar bars” means security bars located on the inside or outside of a door or window of a residential dwelling. (2) “Residential dwelling” means a house, apartment, motel, hotel, or other type of residential dwelling subject to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13) and a manufactured home, mobilehome, and multiunit manufactured housing as defined in the Mobilehomes-Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13). (3) “Emergency escape/rescue windows or doors” means the exits required by Section 1-310.4 of the 1998 edition of the California Building Standards Code, or its successor. (Amended by Stats. 1999, Ch. 550, Sec. 26.5. Effective September 28, 1999.)
  27. 13114.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Burglar bars may not be installed or maintained on residential dwellings owned or leased by a public agency unless they meet current state and local requirements for burglar bars and safety release mechanisms.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13114.3. (a) Notwithstanding any other provision of law, on and after January 1, 1999, no burglar bars shall be installed or maintained on any residential dwelling that is owned or leased by a public agency, unless the burglar bars meet current state and local requirements, as applicable, for burglar bars and safety release mechanisms. (b) As used in this section: (1) “Burglar bars” means security bars located on the inside or outside of a door or window of a residential dwelling. (2) “Public agency” means any of the following: (A) A state agency, department, board, or commission. (B) The University of California. (C) A local agency, including, but not limited to, a city, including a charter city, county, city and county, community redevelopment agency, housing authority, special district, or any other political subdivision of the state. (3) “Residential dwelling” means a house, apartment, motel, hotel, or other type of residential dwelling subject to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13) and a manufactured home, mobilehome, and multiunit manufactured housing as defined in the Mobilehomes-Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13). (Added by Stats. 1998, Ch. 730, Sec. 4. Effective January 1, 1999.)
  28. 13114.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    A city or county governing body may pass local ordinances or laws with restrictions that are stricter than Sections 13113 and 13114.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13114.5. The governing body of any city or county may enact ordinances or laws imposing restrictions greater than those imposed by Sections 13113 and 13114. (Added by Stats. 1955, Ch. 1480.)
  29. 13114.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

    Verify source ↗

    Certain class I and class II automatic fire sprinkler systems are defined, and those systems do not need backflow protection equipment at the service connection beyond what the referenced sprinkler standards require.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13114.7. (a) For the purposes of this section the following are definitions of class I and class II systems: (1) American Water Works Association (A.W.W.A.) Manuel No. M-14 class 1—Automatic fire sprinkler systems with direct connection from public water mains only; no pumps, tanks, or reservoirs; no physical connection from other water supplies; no antifreeze or additives of any kind; and all sprinkler drains discharging to the atmosphere or other safe outlets. (2) American Water Works Association (A.W.W.A.) Manual No. M-14 class 2—Automatic fire sprinkler systems which are the same as class 1, except that booster pumps may be installed in the connections from the street mains. (b) Automatic fire sprinkler systems described in subdivision (a) shall not require any backflow protection equipment at the service connection other than required by standards for those systems contained in the publication of the National Fire Protection Association entitled “Installation of Sprinkler Systems” (N.F.P.A. Pamphlet No. 13, 1980 edition). (Added by Stats. 1982, Ch. 425, Sec. 1.)
  30. 13115.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Certain public assembly uses in tents and related fabric enclosures are banned unless fire-safe materials are used; smaller tents for sale must use approved flame-retardant materials and be labeled as required.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13115. (a) It is unlawful for any person, firm, or corporation to establish, maintain, or operate any circus, side show, carnival, tent show, theater, skating rink, dance hall, or a similar exhibition, production, engagement, or offering or other place of assemblage in or under which 15 or more persons may gather for any lawful purpose, in any tent, awning, or other fabric enclosure unless a tent, awning, or other fabric enclosure, and all auxiliary tents, curtains, drops, awnings, and all decorative materials, are made from a nonflammable material or are treated and maintained in a flame-retardant condition. This subdivision shall not apply to tents designed or manufactured for children’s play, camping, backpacking, or mountaineering, or those used to conduct committal services on the grounds of a cemetery, nor shall this subdivision apply to tents, awnings, or other fabric enclosures erected and used within a sound stage, or other similar structural enclosure that is equipped with an overhead automatic sprinkler system. (b) It shall be unlawful for any person to manufacture, sell, or offer for sale any tent designed and intended for use for occupancy by less than 15 persons unless the tent is made from flame-retardant fabrics or materials approved by the State Fire Marshal. A tent described in this subdivision shall be labeled in a manner specified by the State Fire Marshal. Any manufacturer of tents for sale in this state who fails to use flame-retardant fabrics or materials or who fails to label them as specified by the State Fire Marshal shall be strictly liable for any damage that occurs to any person as a result of a violation of this section. (c) (1) “Flame retardant,” as used in this section, means a fabric or material resistant to flame or fire to the extent that it will successfully withstand standard fire-resistive tests adopted and promulgated by the State Fire Marshal. (2) Notwithstanding paragraph (1), for purposes of subdivision (b), a tent that is constructed with fabric entirely from synthetic fibers shall be classified as being made from flame-retardant fabrics or materials. (Amended by Stats. 2023, Ch. 798, Sec. 1. (AB 267) Effective January 1, 2024.)
  31. 13116.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must make and adopt rules for minimum fire- and panic-prevention requirements for tents, awnings, and similar fabric enclosures, except as provided in Section 18930, and must also submit building standards for approval.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13116. Except as provided in Section 18930, the State Fire Marshal shall prepare and adopt rules and regulations establishing minimum requirements for the prevention of fire and panic in connection with the use of tents, awnings or other fabric enclosures. The State Fire Marshal shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code for the purposes described in this section. (Amended by Stats. 1979, Ch. 1152.)
  32. 13117.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    New detectors and new automatic high pressure shutoff devices sold in this state on or after January 1, 1987 must be approved by the State Fire Marshal before sale.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13117. (a) Any new detector or new automatic high pressure shutoff device sold by any person on or after January 1, 1987, in this state shall, prior to sale, be approved by the State Fire Marshal. (b) For purposes of this section: (1) “Liquefied petroleum gas” has the same meaning as that term is defined by Section 380 of the Vehicle Code. (2) “Detector” means any electronic or mechanical device which monitors the unintended or accidental release of liquefied petroleum gas from any tank or other storage facility. (3) “Automatic high pressure shutoff device” means a device which meets all of the following requirements: (A) Senses excess pressure and automatically shuts off the liquefied petroleum gas supply system before the pressure reaches a danger level. (B) At the same time, signals the shutoff with a red indicator. (C) Prevents the unit to be reset until the high pressure problem has been corrected. (Added by Stats. 1986, Ch. 21, Sec. 1.)
  33. 13118.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Retail solvents must be labeled according to the specified federal hazardous-substances regulations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13118. All solvents offered for sale at retail shall be labeled as required by the regulations adopted pursuant to the Federal Hazardous Substances Act (Public Law 86-813; 74 Stats. 372; 15 U.S.C., Sec. 1261, et seq.) which are in effect on January 1, 1979, or which are adopted on or after that date. Any person, firm, or corporation in violation of the provisions of this section shall be guilty of a misdemeanor. (Amended by Stats. 1978, Ch. 868.)
  34. 13119.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Certain public entertainment and dining places may not be operated unless specified decorative materials are nonflammable or flame-retardant.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13119. It is unlawful for any person, firm or corporation to establish, maintain or operate any night club, restaurant, cafe or any similar place where alcoholic liquors are sold for consumption on the premises, or any dance hall, skating rink, theater, motion picture theater, auditorium, school, or any other place of public assemblage used, or intended for use, as a place of amusement, entertainment, instruction, display, or exhibition, unless all drapes, hangings, curtains, drops and all other similar decorative materials that would tend to increase the fire or panic hazard, are made from a nonflammable material, or are treated and maintained in a flame-retardant condition as defined in Section 13115. The provisions of this section shall not apply to portions of the premises which are not a part of and are not directly connected with that portion of the premises used for any of the above purposes. (Added by Stats. 1947, Ch. 1549.)
  35. 1312.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6.5. Release of Sex Offender to Long-Term Health Care Facility [1312- 1312.] ( Article 6.5 added by Stats. 2005, Ch. 466, Sec. 1. )

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    Before releasing a registered sex offender into a long-term health care facility, the responsible confinement authority must give the facility written notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6.5. Release of Sex Offender to Long-Term Health Care Facility [1312- 1312.] ( Article 6.5 added by Stats. 2005, Ch. 466, Sec. 1. ) ## 1312. Before a person who is required to register as a sex offender under Section 290 of the Penal Code is released into a long-term health care facility, as defined in Section 1418, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, or any other official in charge of the place of confinement, shall notify the facility, in writing, that the sex offender is being released to reside at the facility. (Amended by Stats. 2012, Ch. 24, Sec. 12. (AB 1470) Effective June 27, 2012.)
  36. 13120.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must set minimum standards and adopt needed rules for regulating flame-retardant chemicals and treated fabrics or materials used with certain occupancies.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13120. The State Fire Marshal shall establish minimum standard requirements, and shall adopt rules and regulations as are deemed necessary by him or her to properly regulate the manufacture, sale and application of flame-retardant chemicals and the sale of flame-retardant treated fabrics or materials used or intended for use in connection with any occupancy mentioned in Sections 13115 and 13119. (Amended by Stats. 1996, Ch. 332, Sec. 17. Effective January 1, 1997.)
  37. 131200.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may adopt and enforce regulations to carry out its duties.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131200. The department may adopt and enforce regulations for the execution of its duties. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  38. 131205.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must send certain regulations to the California Conference of Local Health Officers for review and comment before adopting them, except emergency regulations.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131205. Notwithstanding any other provision of law, the department shall submit all of its regulations on matters related to statutory responsibilities delegated to or enforced by local health departments, except emergency regulations, to the California Conference of Local Health Officers for review and comment prior to adoption. If the department deems it appropriate to implement the proposed regulations or parts thereof, contrary to the recommendations of the conference, the department shall make a public finding summarizing the reasons for acting contrary to these recommendations. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  39. 13121.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Before approving any flame-retardant chemical, fabric, or material, the State Fire Marshal must require testing by a laboratory he or she has approved.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13121. The State Fire Marshal shall, before approving any flame-retardant chemical, fabric or material, require that flame-retardant chemicals and flame-retardant fabrics or materials be submitted to a laboratory approved by him or her for testing in accordance with the standards established pursuant to Section 13120. (Amended by Stats. 1996, Ch. 332, Sec. 18. Effective January 1, 1997.)
  40. 131210.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must set regulations for education and experience standards for certain local health department personnel, and for how local health departments are organized and operated.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131210. The department, after consultation with and approval by the Conference of Local Health Officers, shall by regulation establish standards of education and experience for professional and technical personnel employed in local health departments and for the organization and operation of the local health departments. These standards may include standards for the maintenance of records of services, finances, and expenditures, that shall be reported to the director in a manner and at times as the director may specify. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  41. 131215.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. )

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    If a dispute arises over how department regulations are interpreted or enforced, a party may ask the department for clarification, and the department must decide the proper interpretation and enforcement.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131215. (a) When a dispute arises as to the interpretation or enforcement of regulations of the department that are being enforced by a city, county, city and county, or district, a request for clarification or interpretation may be submitted to the department. The department shall make a determination of the proper interpretation and required enforcement when so requested by a party to the dispute. (b) In making its determination, the department may conduct a hearing where all interested parties may present relative comments or arguments. (c) Determinations of the department made pursuant to this section shall be transmitted to the concerned local agency and the involved party or parties within 60 days after the receipt of the request. The determination of the department shall be binding upon the local agency and the parties subject to the regulations of the department, except when the matter may be subject to judicial review. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  42. 13122.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must publish and make available, at least once a year and at printing cost, a list of approved flame-retardant chemicals, fabrics or materials, and application concerns. The Marshal may also give one free copy of each list to registered and approved concerns and to California fire officials.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13122. The State Fire Marshal shall promulgate and make available at cost of printing at least once each year a list of the flame-retardant chemicals, flame-retardant fabrics or materials, and flame-retardant application concerns approved by him or her. He or she may, without cost, furnish a single copy of each list to each flame-retardant chemical and application concern that is registered and approved by him or her and to all California fire officials. (Amended by Stats. 1996, Ch. 332, Sec. 19. Effective January 1, 1997.)
  43. 131220.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The director may waive certain hospital-services regulations for qualifying county hospitals, if specified procedural and public-safety conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131220. Notwithstanding any other provision of law, but to the extent consistent with applicable federal law or regulation, the director may, after a request by a board of supervisors of an affected county and after a public hearing held in accordance with Section 11346 of the Government Code, waive regulations pertaining to the provision of hospital services in a hospital operated by a county or under contract to a county for a county with a population of 200,000 or less on January 1, 1980, if the director makes a finding that the waiver would not affect adversely the health and safety of persons in the county. The authority contained in this section shall be in addition to, and shall not supersede or limit, any other provision of law authorizing the waiver by the department of requirements contained in regulations adopted by the department relating to health facilities. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  44. 131225.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may set by regulation two-year issuance and renewal rules for certain licenses and registrations, and may set the related fee within a stated cap.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 2. Regulatory Authorization and Review [131200 - 131225] ( Article 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131225. (a) Notwithstanding any other provision of law, the department by regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department. (b) The department may by regulation set the fee for the two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  45. 13123.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must remove certain flame-retardant products or application concerns from the approved list after a hearing if specified causes are found. The Marshal may also temporarily remove a name for up to 30 days pending hearing and decision, and must hold the hearing and issue a decision within 30 days after notice.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13123. The State Fire Marshal shall remove from his or her approved list the name of any flame-retardant chemicals, flame-retardant fabric or material or any flame-retardant application concern where he or she finds after a hearing that any of the following causes exists: (a) Selling or offering for sale a flame-retardant chemical or a flame-retardant material that is inferior to that submitted for test and approval. (b) Distributing or disseminating or causing to be distributed or disseminated, misleading or false information with respect to any flame-retardant chemical, fabric or material. (c) Changing the flame-retardant chemical formula or methods of flame-retardant treatment without first notifying and obtaining approval of the change by, the State Fire Marshal. (d) Using chemicals other than those shown on the State Fire Marshal’s approved list. (e) Using chemicals for the treatment of materials for which they have not been approved. (f) Failure to adequately and properly treat a fabric or material to make it flame-retardant to the extent that it will successfully pass the flame-retardant tests established by the State Fire Marshal. (g) Violating any minimum standard or any rule or regulation adopted pursuant to Section 13120. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the State Fire Marshal shall have all the powers granted therein. Pending hearing and decision the State Fire Marshal may temporarily remove any name from the approved list for a period not to exceed 30 days, if he or she finds that the action is required in the public interest. In any such case the order of temporary removal shall be effective upon notice to the persons affected thereby, and a hearing shall be held and a decision issued within 30 days after the notice. (Amended by Stats. 1994, Ch. 475, Sec. 1. Effective January 1, 1995.)
  46. 131230.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 3. Electronic Violent Death Reporting System [131230 - 131231] ( Article 3 added by Stats. 2016, Ch. 712, Sec. 2. )

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    The department must set up and run the California Electronic Violent Death Reporting System, collect violent-death data, and publish a summary and analysis online.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 3. Electronic Violent Death Reporting System [131230 - 131231] ( Article 3 added by Stats. 2016, Ch. 712, Sec. 2. ) ## 131230. (a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System. (b) The department shall collect data on violent deaths as reported from data sources, including, but not limited to, death certificates, law enforcement reports, and coroner or medical examiner reports. The department shall post on its Internet Web site a summary and analysis of the collected data. (c) (1) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) within the agency’s jurisdiction. (2) (A) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) from other local agencies if the following conditions are met: (i) The local agency entering into the agreement agrees to collect the data from the other local agencies. (ii) The local agency entering into the agreement is not responsible for reporting to the department data that have not been made available by the other local agencies. (B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1). (3) The data collected pursuant to paragraph (1) or (2) shall be limited to data that the local agency entering into the agreement or the other local agencies are authorized to collect within their respective jurisdictions. (4) A local agency entering into an agreement pursuant to paragraph (1) or (2) shall collect data based on existing or new data elements required by the California Electronic Violent Death Reporting System only to the extent that resources are made available. (d) To the extent that funding is available for this purpose, a law enforcement agency may report to the department data on the circumstances surrounding all violent deaths from investigative reports and, if available, laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. Aggregate data shall be public, but individual identifying information shall remain confidential. The collected data shall be based on the data elements of the federal Centers for Disease Control and Prevention’s National Violent Death Reporting System. (e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section. (f) The department may accept private or foundation moneys to implement this section. (g) This section does not limit data sources that the department may collect, which may include any public agency document that may contain data on violent deaths. (Added by Stats. 2016, Ch. 712, Sec. 2. (SB 877) Effective January 1, 2017.)
  47. 131231.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 3. Electronic Violent Death Reporting System [131230 - 131231] ( Article 3 added by Stats. 2016, Ch. 712, Sec. 2. )

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    This article defines “violent death” for its own use.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 3. Electronic Violent Death Reporting System [131230 - 131231] ( Article 3 added by Stats. 2016, Ch. 712, Sec. 2. ) ## 131231. For purposes of this article, “violent death” means a death resulting from the use of physical force or power against oneself, another person, or a group or community, and includes, but is not limited to, homicide, suicide, legal intervention deaths, unintentional firearm deaths, and undetermined intent deaths. (Added by Stats. 2016, Ch. 712, Sec. 2. (SB 877) Effective January 1, 2017.)
  48. 13124.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    A removed chemical-related name cannot be restored to the approved list for 90 days.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13124. The name of any chemical, chemical concern or flame-retardant application concern whose name has been removed from the approved list shall not be restored to the approved list for a period of 90 days from the date of the removal. (Amended by Stats. 1996, Ch. 332, Sec. 20. Effective January 1, 1997.)
  49. 13125.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    A name cannot be restored to the approved list until a new application and new registration fee have been filed with the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13125. The name of any chemical, chemical concern or flame-retardant application concern shall not be restored to the approved list until a new application, accompanied by a new registration fee, has been filed with the State Fire Marshal. (Added by Stats. 1947, Ch. 1549.)
  50. 131250.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 4. Latino and Indigenous Disparities Reduction Act. [131250- 131250.] ( Article 4 added by Stats. 2024, Ch. 873, Sec. 1. )

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    The State Department of Public Health must use specified demographic collection categories, report the data, publish it with confidentiality limits, and update its forms over time.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 4. Latino and Indigenous Disparities Reduction Act. [131250- 131250.] ( Article 4 added by Stats. 2024, Ch. 873, Sec. 1. ) ## 131250. (a) On or after January 1, 2028, the State Department of Public Health, whenever collecting demographic data as to the ancestry or ethnic origin of California residents for a report that includes rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy, housing, and mental health rates shall comply with all of the following: (1) The department shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations and tabulations for Hispanic or Latino groups using standardized federal race and ethnicity categories from the federal Office of Management and Budget’s most recent revision to “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.” (2) To the extent the standardized federal race and ethnicity categories from the federal Office of Management and Budget’s most recent revision to “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity” does not include the group or nation, the department shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations and tabulations for both of the following: (A) Each major Latino group, including, but not limited to, Mexican, Guatemalan, Salvadoran, Honduran, Nicaraguan, Puerto Rican, Dominican, Cuban, Colombian, and Peruvian, followed by a blank space to fill in additional groups. (B) Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui, followed by a blank space to fill in additional nations. (3) When collecting the preferred language of program participants, the department shall include Mixteco, Triqui, Zapoteco, K’iche, Mam, and Kanjobal, followed by a blank space to fill in additional languages. (4) The department shall include the data collected pursuant to paragraphs (1) and (2), and when available, paragraph (3), in every demographic report on ancestry, ethnic origins, or language of Californians by the department published or released on or after July 1, 2029, including the other groups, nations, or languages that are filled in by the respondents. (5) (A) The department shall make the data collected pursuant to paragraphs (1), (2), and (3) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed. (B) The department shall not make public demographic data that would permit identification of individuals. The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities. (C) The department shall not make public demographic data that would result in statistical unreliability. (6) On or before July 1, 2029, and annually thereafter, the department shall report to the Legislature, in compliance with Section 9795 of the Government Code, both of the following: (A) The data collected pursuant to paragraphs (1), (2), and (3). (B) The methods used to collect that data. (7) Within 18 months after a decennial United States Census is released to the public, the department shall update its data collection to reflect the additional Latino groups, major Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau. (b) The department may continue to collect and report demographic data in the form that the data was submitted if the data was collected under either of the following circumstances: (1) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey and the data could not be aggregated to comply with those requirements. (2) When demographic data is collected by other entities, including either of the following: (A) State offices, departments, and agencies that are not subject to this section. (B) Third-party entities when administering surveys that are not solely funded by the department. (Added by Stats. 2024, Ch. 873, Sec. 1. (SB 1016) Effective January 1, 2025.)
  51. 13126.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must, with advice from the State Fire Advisory Board, adopt rules and regulations setting minimum standards and procedures for approving certain flame-retardant chemicals, materials, and applicator concerns.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13126. With the advice of the State Fire Advisory Board, the State Fire Marshal shall prepare and adopt rules and regulations establishing minimum standards and specific procedures for the approval of flame-retardant chemicals, flame-retardant materials and flame-retardant applicator concerns whose names are to appear on the approved list. (Added by Stats. 1947, Ch. 1549.)
  52. 13127.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Certain chemical, flame-retardant, and related concerns must apply to the State Fire Marshal before their names can appear on the approved list, and applications must include a registration fee.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13127. (a) Any chemical manufacturing concern, or any flame-retardant application concern, or any concern marketing a flame-retardant fabric or material that desires to have its name appear on the approved list shall first make application to the State Fire Marshal on forms provided by the State Fire Marshal. (b) For purposes of this section, Sections 13128 and 13129: (1) “General applicator” means a concern that engages in the business of or performs for a fee the application of a flame-retardant compound or chemical to any textile including decorative materials. (2) “Limited applicator” means a concern that engages in the business of or performs for a fee the application of a flame-retardant compound or chemical to nontextile decorative items, including Christmas trees. (c) (1) The annual registration fee renewal period for chemical manufacturing concerns, concerns marketing a flame-retardant fabric or material, and general applicators shall begin on January 1 and end on May 1 preceding the registration year for which the renewal is requested. A penalty of 50 percent of the listing fee shall be assessed in all cases where the renewal fees are not paid on or before May 1, preceding the registration year for which renewal is requested. (2) The annual registration fee renewal period for limited applicators shall begin September 15 and end on October 31 preceding the registration year for which the renewal is requested. A penalty of 50 percent of the listing fee shall be assessed in all cases where the fees are not paid on or before October 31, preceding the registration year for which renewal is requested. (d) All applications shall be accompanied by a registration fee established by the State Fire Marshal. The registration fee shall not exceed the amount necessary to cover the costs incurred by the State Fire Marshal in carrying out Sections 13120 to 13126, inclusive. (Amended by Stats. 1996, Ch. 332, Sec. 21. Effective January 1, 1997.)
  53. 13128.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    This section sets the annual and renewal registration fee period for listed applicators and manufacturing concerns.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13128. (a) The annual and renewal registration fee period for chemical manufacturing concerns, concerns marketing a flame-retardant fabric or material, and general applicators shall be for the fiscal year period from July 1 to June 30 or for the remaining portion thereof. (b) The annual and renewal registration fee period for limited applicators shall be for the fiscal year period from November 1 to October 31 or for the remaining portion thereof. (Amended by Stats. 1996, Ch. 332, Sec. 22. Effective January 1, 1997.)
  54. 13129.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must remove certain names from the approved list when renewal registration fees are not paid by the stated annual deadlines.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13129. (a) The State Fire Marshal shall remove from the approved list the names of all chemicals, chemically treated fabrics or materials and the names of all flame-retardant general applicator concerns for which renewal registration fees have not been paid prior to May 1 of each year. (b) The State Fire Marshal shall remove from the approved list the names of all flame-retardant limited applicator concerns that have not paid their renewal registration fee prior to October 31 of each year. (Amended by Stats. 1996, Ch. 332, Sec. 23. Effective January 1, 1997.)
  55. 13130.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Money collected under this chapter must be deposited into the State Fire Marshal Licensing and Certification Fund and may be used by the State Fire Marshal only after legislative appropriation for this chapter’s purposes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13130. All money collected pursuant to this chapter shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137, and shall be available to the State Fire Marshal upon appropriation by the Legislature to carry out the purposes of this chapter. (Amended by Stats. 1992, Ch. 306, Sec. 2. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 306.)
  56. 131300.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. )

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    The State Department of Public Health may establish the Office of Suicide Prevention.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. ) ## 131300. (a) The State Department of Public Health is hereby authorized to establish the Office of Suicide Prevention in the department pursuant to this chapter. The responsibilities of the office, if established, may include all of the following: (1) Providing information and technical assistance to statewide and regional partners regarding best practices on suicide prevention policies and programs. (2) Conducting state level assessment of regional and statewide suicide prevention policies and practices, including other states’ suicide prevention policies, and including specific metrics and domains as appropriate. (3) Monitoring and disseminating data to inform prevention efforts at the state and local levels. (4) Convening experts and stakeholders, including, but not limited to, stakeholders representing populations with high rates of suicide, to encourage collaboration and coordination of resources for suicide prevention. (5) Reporting on progress to reduce rates of suicide. (b) If established, the office may focus activities on groups with the highest risk, including youth, Native American youth, older adults, veterans, and LGBTQ people. (Amended by Stats. 2021, Ch. 143, Sec. 341. (AB 133) Effective July 27, 2021. Conditionally operative pursuant to Section 131320.)
  57. 131305.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. )

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    If the Office of Suicide Prevention is established, it may share and receive relevant data from state, federal, local, private, and nongovernmental entities.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. ) ## 131305. If established, the Office of Suicide Prevention may share and receive data from all entities with data relevant to the responsibilities and objectives of the office, including, but not limited to, state, federal, local, and private and nongovernmental agencies or organizations. (Added by Stats. 2020, Ch. 142, Sec. 2. (AB 2112) Effective January 1, 2021. Conditionally operative pursuant to Section 131320.)
  58. 13131.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    This section defines “nonambulatory persons” and names who decides ambulatory status in certain cases.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13131. “Nonambulatory persons” means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger, and persons who depend upon mechanical aids such as crutches, walkers, and wheelchairs. The determination of ambulatory or nonambulatory status of persons with developmental disabilities shall be made by the Director of Social Services or his or her designated representative, in consultation with the Director of Developmental Services or his or her designated representative. The determination of ambulatory or nonambulatory status of all other disabled persons placed after January 1, 1984, who are not developmentally disabled shall be made by the Director of Social Services, or his or her designated representative. (Amended by Stats. 1983, Ch. 1132, Sec. 1.)
  59. 13131.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Residential care facilities for the elderly housing nonambulatory persons must meet fire-safety building standards based on building height and floor location.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13131.5. (a) All of the following building standards shall apply to any single-story building housing nonambulatory persons which is operated as a residential care facility for the elderly and licensed to care for more than six persons: (1) The entire building shall have installed a State Fire Marshal approved fully automatic fire extinguishing system, designed and installed in accordance with Section 2-3801(d) of Chapter 2-38 of Part 2 of Title 24 of the California Code of Regulations. (2) The entire building shall have installed a State Fire Marshal approved and listed manual fire alarm system. (3) The entire building shall be of at least Type V one-hour fire resistive construction, as described in Chapter 2-22 of Part 2 of Title 24 of the California Code of Regulations. (4) A building with individual floor areas over 6,000 square feet per floor shall have an approved smoke barrier dividing the floor approximately in half, unless there is direct exiting available from each dwelling unit. (b) All of the following building standards shall apply to any two-story building housing nonambulatory persons on a second floor, which is operated as a residential care facility for the elderly and licensed to care for more than six persons: (1) The entire building shall have installed a State Fire Marshal approved fully automatic fire extinguishing system, designed and installed in accordance with Section 2-3801(d) of Chapter 2-38 of Part 2 of Title 24 of the California Code of Regulations. (2) The entire building shall have installed a State Fire Marshal approved and listed automatic fire alarm system. (3) The entire building shall be of at least Type V one-hour fire resistive construction, as described in Chapter 2-22 of Part 2 of Title 24 of the California Code of Regulations. (4) A building with individual floor areas over 6,000 square feet per floor shall have an approved smoke barrier dividing the floor approximately in half, without regard to whether direct exiting is available from each dwelling unit. (5) The entire building shall have at least two sets of enclosed stairways. (c) All of the following building standards shall apply to any multistory building housing nonambulatory persons on the third, fourth, or fifth floor, which is operated as a residential care facility for the elderly and licensed to care for more than six persons: (1) The entire building, unless otherwise exempt pursuant to subdivision (d) of Section 13113, shall have installed a State Fire Marshal approved fully automatic fire extinguishing system, designed and installed in accordance with Section 2-3801(d) of Chapter 2-38 of Part 2 of Title 24 of the California Code of Regulations. (2) The entire building shall have installed a State Fire Marshal approved and listed automatic fire alarm system. (3) The entire building shall be of Type II fire resistive construction, as described in Chapter 2-19 of Part 2 of Title 24 of the California Code of Regulations. (4) A building with individual floor areas over 6,000 square feet per floor shall have an approved smoke barrier dividing the floor approximately in half, without regard to whether direct exiting is available from each dwelling unit. (5) The entire building shall have at least two sets of enclosed stairways. (d) All of the following building standards shall apply to any multistory building housing nonambulatory persons on floors above the fifth floor, which is operated as a residential care facility for the elderly and licensed to care for more than six persons: (1) The entire building, unless otherwise exempt pursuant to subdivision (d) of Section 13113, shall have installed a State Fire Marshal approved fully automatic fire extinguishing system, designed and installed in accordance with Section 2-3801(d) of Chapter 2-38 of Part 2 of Title 24 of the California Code of Regulations. (2) The entire building shall have installed a State Fire Marshal approved and listed automatic fire alarm system. (3) The entire building shall be Type I fire resistive construction, as described in Chapter 2-18 of Part 2 of Title 24 of the California Code of Regulations. (4) A building with individual floor areas over 6,000 square feet per floor shall have an approved smoke barrier dividing the floor approximately in half, without regard to whether direct exiting is available from each dwelling unit. (5) The entire building shall have at least two sets of enclosed stairways. (e) This section and the regulations adopted by the State Fire Marshal pursuant to subdivision (f) shall apply uniformly throughout the state and no city, county, city and county, or district shall adopt any ordinance, rule, or regulation which is inconsistent with this section or with the regulations adopted by the State Fire Marshal pursuant to subdivision (f). (f) The State Fire Marshal shall adopt regulations establishing a reasonable fee, not to exceed the actual costs of inspection to the agency conducting the inspection, for the final inspection of any facility which is subject to the standards established pursuant to this section. (g) This section shall be enforced in accordance with the division of authority prescribed in Section 13146. (Added by Stats. 1990, Ch. 436, Sec. 1.)
  60. 131310.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. )

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    If established, the Office of Suicide Prevention may apply for and use federal, state, and foundation grants.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. ) ## 131310. If established, the Office of Suicide Prevention may apply for and utilize federal, state, and foundation grants. (Added by Stats. 2020, Ch. 142, Sec. 2. (AB 2112) Effective January 1, 2021. Conditionally operative pursuant to Section 131320.)
  61. 131315.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. )

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    If the Office of Suicide Prevention is established, it must consult with the Behavioral Health Services Oversight and Accountability Commission on suicide prevention efforts, and it is not authorized to do certain commission duties or administer certain funded programs.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. ) ## 131315. (a) If the Office of Suicide Prevention is established pursuant to Section 131300, both of the following shall apply: (1) The Office of Suicide Prevention shall consult with the Behavioral Health Services Oversight and Accountability Commission to implement suicide prevention efforts consistent with the Suicide Prevention Report “Striving for Zero,” as described pursuant to Provision 1 of Item 4560-001-3085 of Section 2.00 of the Budget Act of 2020. (2) This section does not authorize the Office of Suicide Prevention to perform any of the duties required by the commission under Part 3.7 (commencing with Section 5845) of Division 5 of, or administer a program funded by Part 4.5 (commencing with Section 5890) of Division 5 of, the Welfare and Institutions Code. (b) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 5) and added by Stats. 2023, Ch. 790, Sec. 6. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions. Conditionally operative pursuant to Section 131320.)
  62. 13132.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Facilities for the care of the mentally handicapped must file patient classification statements with the fire authority, and false statements are prohibited.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13132. Every person, firm, or corporation maintaining or operating any facility for the care of the mentally handicapped shall file a statement with the fire authority having jurisdiction within five days of the admission or readmission of a patient stating that such patient is an ambulatory or a nonambulatory person and enumerating the reasons for such classification. Such a statement shall also be filed for each existing patient within 30 days of the effective date of this section. Any statement required to be filed pursuant to this section shall be certified as to its correctness by the person attending such patient. It shall be unlawful for any person, firm, or corporation required to file a statement pursuant to this section to include false statements therein. Any such act shall be in violation of this section and subject to the provisions of Section 13112. (Added by Stats. 1971, Ch. 1407.)
  63. 13132.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    This section sets roof-covering fire-resistance standards and related compliance duties in certain fire-hazard zones, with some exceptions for jurisdictions and historical buildings.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13132.7. (a) Within a very high fire hazard severity zone designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code and within a very high hazard severity zone designated by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class B as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission. (b) In all other areas, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class C as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission. (c) Notwithstanding subdivision (b), within state responsibility areas classified by the State Board of Forestry and Fire Protection pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except for those state responsibility areas designated as moderate fire hazard responsibility zones, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class B as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission. (d) (1) Notwithstanding subdivision (a), (b), or (c), within very high fire hazard severity zones designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class A as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission. (2) Paragraph (1) does not apply to any jurisdiction containing a very high fire hazard severity zone if the jurisdiction fulfills both of the following requirements: (A) Adopts the model ordinance approved by the State Fire Marshal pursuant to Section 51189 of the Government Code or an ordinance that substantially conforms to the model ordinance of the State Fire Marshal. (B) Transmits, upon adoption, a copy of the ordinance to the State Fire Marshal. (e) The State Building Standards Commission shall incorporate the requirements set forth in subdivisions (a), (b), and (c) by publishing them as an amendment to the California Building Standards Code in accordance with Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. (f) Nothing in this section shall limit the authority of a city, county, city and county, or fire protection district in establishing more restrictive requirements, in accordance with current law, than those specified in this section. (g) This section shall not affect the validity of an ordinance, adopted prior to the effective date for the relevant roofing standard specified in subdivisions (a) and (b), by a city, county, city and county, or fire protection district, unless the ordinance mandates a standard that is less stringent than the standards set forth in subdivision (a), in which case the ordinance shall not be valid on or after the effective date for the relevant roofing standard specified in subdivisions (a) and (b). (h) Any qualified historical building or structure as defined in Section 18955 may, on a case-by-case basis, utilize alternative roof constructions as provided by the State Historical Building Code. (i) The installer of the roof covering shall provide certification of the roof covering classification, as provided by the manufacturer or supplier, to the building owner and, when requested, to the agency responsible for enforcement of this part. The installer shall also install the roof covering in accordance with the manufacturer’s listing. (j) No wood roof covering materials shall be sold or applied in this state unless both of the following conditions are met: (1) The materials have been approved and listed by the State Fire Marshal as complying with the requirements of this section. (2) The materials have passed at least 5 years of the 10-year natural weathering test. The 10-year natural weathering test required by this subdivision shall be conducted in accordance with standard 15-2 of the 1994 edition of the Uniform Building Code at a testing facility recognized by the State Fire Marshal. (k) The Insurance Commissioner shall accept the use of fire retardant wood roof covering material that complies with the requirements of this section, used in the partial repair or replacement of nonfire retardant wood roof covering material, as complying with the requirement in Section 2695.9 of Title 10 of the California Code of Regulations relative to matching replacement items in quality, color, and size. (l) No common interest development, as defined in Section 4100 or 6534 of the Civil Code, may require an owner to install or repair a roof in a manner that is in violation of this section. The governing documents, as defined in Section 4150 or 6552 of the Civil Code, of a common interest development within a very high fire severity zone shall allow for at least one type of fire retardant roof covering material that meets the requirements of this section. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 63) by Stats. 2013, Ch. 605, Sec. 35. (SB 752) Effective January 1, 2014.)
  64. 131320.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. )

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    This chapter becomes operative only if funding is appropriated for its purposes in the annual Budget Act or another statute.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 3. The Office of Suicide Prevention [131300 - 131320] ( Chapter 3 added by Stats. 2020, Ch. 142, Sec. 2. ) ## 131320. This chapter shall become operative only if funds are appropriated in the annual Budget Act or another statute for its purposes. (Added by Stats. 2020, Ch. 142, Sec. 2. (AB 2112) Effective January 1, 2021.)
  65. 13133.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt fire-safety regulations for certain residential facilities, and local governments may not enforce inconsistent fire-safety rules for covered buildings.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13133. (a) The State Fire Marshal shall develop and adopt regulations establishing new occupancy classifications and specific fire safety standards appropriate for residential facilities, as defined in Section 1502, and residential care facilities for the elderly, as defined in Section 1569.2. Notwithstanding Sections 13143.2, 13143.5, and 13869.7, building standards adopted by the State Fire Marshal pursuant to this section and published in the State Building Standards Code relating to fire and panic safety, and other regulations adopted by the State Fire Marshal pursuant to this section, shall apply uniformly throughout the state, and no city, county, city and county, including a charter city or charter county, or fire protection district shall adopt or enforce any ordinance or local rule or regulation relating to fire and panic safety in buildings or structures subject to this section that is inconsistent with building standards adopted by the State Fire Marshal pursuant to this section and published in the State Building Standards Code relating to fire and panic safety, or other regulations adopted by the State Fire Marshal pursuant to this section. (b) Notwithstanding subdivision (a), a city, county, city and county, including a charter city or charter county may pursuant to Section 13143.5, or a fire protection district may pursuant to Section 13869.7, adopt standards more stringent than those contained in subdivision (a) that are reasonably necessary to accommodate local climate, geological, or topographical conditions relating to roof coverings for residential care facilities for the elderly. (Amended by Stats. 1992, Ch. 420, Sec. 1. Effective January 1, 1993.)
  66. 13135.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt regulations for certain recovery or treatment facilities, using whether residents or patients are nonambulatory as the basis, not their age.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13135. The State Fire Marshal shall adopt regulations for alcoholism or drug abuse recovery or treatment facilities, as defined in Section 11834.11, based on whether the residents or patients of the facilities are nonambulatory, as defined in Section 13131, and not based on the age of residents or patients of the facilities. (Added by Stats. 1991, Ch. 415, Sec. 1.)
  67. 131350.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. )

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    This section defines “Department” and “Data collection pilot program” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. ) ## 131350. For purposes of this chapter, the following terms have the following meanings: (a) “Department” means the State Department of Public Health. (b) “Data collection pilot program” means the Childhood Drowning Data Collection Pilot Program established pursuant to this chapter. (Added by Stats. 2022, Ch. 817, Sec. 2. (SB 855) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Sec. 131355.)
  68. 131351.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. )

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    The department must administer the Childhood Drowning Data Collection Pilot Program and run it to collect detailed data on childhood fatal and nonfatal drownings in California.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. ) ## 131351. (a) The Childhood Drowning Data Collection Pilot Program shall be administered by the department. (b) The purpose of the data collection pilot program shall be to collect detailed data on childhood fatal and nonfatal drownings in California with a particular focus to be directed at childhood pool drownings among children one to four, inclusive, years of age. The data collection pilot program shall use existing department electronic data collection systems and determine how to highlight data on circumstances of drowning cases. (Added by Stats. 2022, Ch. 817, Sec. 2. (SB 855) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Sec. 131355.)
  69. 131352.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. )

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    The department must run a childhood drowning data collection pilot program and meet several setup and collaboration deadlines.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. ) ## 131352. The data collection pilot program shall be implemented according to the following requirements: (a) (1) The department shall establish the pilot program on or before January 1, 2024. On or before July 1, 2024, the department shall seek to collaborate with at least 5 but no more than 10 county child death review teams authorized pursuant to Section 11174.32 of the Penal Code, other local agencies that collect data on fatal and nonfatal drowning, or both. (2) In soliciting participants pursuant to paragraph (1), the department shall primarily solicit counties with historically high fatal and nonfatal drowning rates among children one to four, inclusive, years of age. (b) The data collection pilot program shall track child fatal drownings and collect detailed information on the circumstances surrounding these fatal drownings. The data collection pilot program shall also explore ways to track and collect similar data on nonfatal drowning using electronic forms and shall track that information, if feasible. (Added by Stats. 2022, Ch. 817, Sec. 2. (SB 855) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Sec. 131355.)
  70. 131353.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. )

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    The department must file two reports about the childhood drowning data pilot program, include specified recommendations, consider stakeholder input, post one report online, and follow Government Code Section 9795.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. ) ## 131353. (a) (1) On or before January 1, 2026, the department shall submit a report to the appropriate legislative policy committees on the progress of the data collection program and findings of the data collection pilot program. (2) In compiling the reports required pursuant to this section, the department shall solicit and consider stakeholder input. (3) The report required pursuant to this subdivision shall include recommendations related to improving pool safety on a state and local level. (b) (1) By January 1, 2027, the department shall, after consultation with an advisory group with expertise in childhood drowning prevention, submit a report on the findings of the data collection pilot program to the appropriate legislative policy committees. The department shall also post the report on its internet website. (2) The report submitted pursuant to paragraph (1) shall include recommendations on the structure and operation of an ongoing system for collecting child drowning data and effective evidence-based state and local drowning prevention policies and best practices. (c) The reports submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 817, Sec. 2. (SB 855) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Sec. 131355.)
  71. 131354.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. )

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    The department must create a California Water Safety Action Plan for Children and a standardized electronic form for counties to report drowning statistics, and it must post the plan on its website by January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. ) ## 131354. Based on the reports submitted pursuant to this chapter, the department shall develop both of the following: (a) (1) A California Water Safety Action Plan for Children. The plan shall be a comprehensive, realistic, and executable plan patterned after the United States National Water Safety Action Plan, which aims to create water-safe communities and states. (2) The department shall post the plan developed pursuant to this subdivision on its internet website on or before January 1, 2027. (b) A standardized electronic form for counties to use in reporting drowning statistics developed in consultation with the state advisory group and the National Center for Fatality Review and Prevention. (Added by Stats. 2022, Ch. 817, Sec. 2. (SB 855) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Sec. 131355.)
  72. 131355.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. )

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    This chapter stays in effect only until January 1, 2029, when it is repealed.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 4. Childhood Drowning Data Collection Pilot Program [131350 - 131355] ( Chapter 4 added by Stats. 2022, Ch. 817, Sec. 2. ) ## 131355. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2022, Ch. 817, Sec. 2. (SB 855) Effective January 1, 2023. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 4, commencing with Section 131350.)
  73. 131360.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. )

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    This section defines key terms used in the chapter, including CDC, the Department, local health department, and specified entity.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. ) ## 131360. For purposes of this chapter, the following terms have the following meanings: (a) “Centers for Disease Control and Prevention” or “CDC” means the national public health agency of the United States. It is a United States federal agency within the Department of Health and Human Services, and is headquartered in Atlanta, Georgia. (b) “Department” means the State Department of Public Health. (c) “Local health department” has the same meaning as defined in Section 101185. (d) “Specified entity” means a general acute care hospital, as defined in Section 1250, with an emergency department, as defined in Section 128700. (Added by Stats. 2024, Ch. 40, Sec. 22. (SB 159) Effective June 29, 2024.)
  74. 131365.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. )

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    The department may create and run a syndromic surveillance program, and it must name the program once this chapter takes effect.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. ) ## 131365. (a) (1) The department may develop and administer a syndromic surveillance program. (2) The purpose of this chapter is to authorize the department to collect public health and medical data in near real time to detect and investigate changes in the occurrence of disease in the population, especially as a result of a disease outbreak or other public health emergency, disaster, or special event and to support responses to emerging public health threats and conditions impacting the health of California residents. (3) Upon implementation of this chapter, the department shall assign a name to the program. (b) Subject to an appropriation for this purpose, the department may designate an existing syndromic surveillance system or create a new syndromic surveillance system in order to facilitate the reporting of electronic health data by specified entities pursuant to Section 131370. (c) The syndromic surveillance system created or designated by the department pursuant to subdivision (b) shall, at a minimum, provide local health departments access to and use of a secure, integrated electronic health system with standardized analytic tools and processes to rapidly collect, evaluate, share, and store syndromic surveillance data. (d) (1) The list of data elements, electronic transmission standards, data transmission schedule, and instructions pertaining to the program may be modified at any time by the department. (2) The department shall collaborate with local health departments to determine modifications to be made pursuant to this subdivision. (3) Modifications made pursuant to this subdivision shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be implemented without being adopted as a regulation, except that the revisions shall be filed with the Secretary of State and printed and published in Title 17 of the California Code of Regulations. (Amended by Stats. 2025, Ch. 243, Sec. 7. (SB 862) Effective January 1, 2026.)
  75. 13137.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1.5. Financial Provisions [13137 - 13139] ( Article 1.5 added by Stats. 1992, Ch. 306, Sec. 3. )

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    The State Fire Marshal Licensing and Certification Fund is created, and certain moneys collected by the State Fire Marshal must be deposited into it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1.5. Financial Provisions [13137 - 13139] ( Article 1.5 added by Stats. 1992, Ch. 306, Sec. 3. ) ## 13137. (a) The State Fire Marshal Licensing and Certification Fund is hereby created in the State Treasury. All money in the fund is available for the support of the State Fire Marshal upon appropriation by the Legislature. All moneys collected by the State Fire Marshal pursuant to this part, pursuant to Part 2 (commencing with Section 12500) or Part 3 (commencing with Section 12750) of Division 11, and pursuant to Section 41961, shall be deposited in the fund and shall be available to the State Fire Marshal for expenditure upon appropriation by the Legislature for the purposes of this part, Part 2 (commencing with Section 12500) or Part 3 (commencing with Section 12750) of Division 11, or Section 41961, respectively. (b) Neither this article nor any provision of this part or Part 2 (commencing with Section 12500) or Part 3 (commencing with Section 12750) of Division 11 or Section 41961 authorize fees to exceed the actual cost of administration of the programs administered by the State Fire Marshal, nor authorize the charging of fees to a particular group being regulated under a program, for the costs of regulation under another program or for the costs of a different group under the same program. (Amended by Stats. 2004, Ch. 496, Sec. 2. Effective January 1, 2005.)
  76. 131370.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. )

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    Specified entities must electronically report required data to the state or local syndromic surveillance system, with a limited option to report only locally in some cases.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. ) ## 131370. (a) (1) (A) A specified entity shall submit the required data electronically to the syndromic surveillance system designated by the department in accordance with the schedule, standards, and requirements established by the department. (B) Notwithstanding subparagraph (A), a specified entity shall submit the required data electronically to a local health department that participates in a syndromic surveillance system or maintains its own system pursuant to subdivision (b). (C) The department may adopt regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), to specify any other entity that is required to provide data pursuant to this section. (2) A specified entity shall collect and report data to the department or local syndromic surveillance system, if applicable, as near as possible to real time. (b) (1) (A) A specified entity may decline to report electronic health data to the department if the local health department in which the specified entity is located participates in a syndromic surveillance system or maintains its own system that has, or by no later than July 1, 2027, will have, the capacity to transmit the specified entity’s required electronic health and medical data to the department’s designated syndromic surveillance system in near real time and the specified entity reports electronic health and medical data to the local health department’s syndromic surveillance system. (B) The department shall provide guidance and technical assistance to local health departments that participate in a syndromic surveillance system or maintains its own system to develop automated transmission of data from local syndromic surveillance systems into the state system by July 1, 2027. (2) Notwithstanding paragraph (1), a specified entity is not required to report data to the department only if the local health department reports the entity’s required data to the department’s designated syndromic surveillance system pursuant to this section by July 1, 2027. (3) This subdivision does not limit the ability of a local health department to require a specified entity to submit additional data to the local health department in addition to the data required to be submitted to the department. (c) The data elements, electronic transmission standards, data transmission schedule, and instructions for the data collection required pursuant to this section include, but are not limited to, any element or requirement adopted for use by the CDC’s Public Health Information Network (PHIN) Messaging Guide for Syndromic Surveillance: Emergency Department, Urgent Care, Inpatient and Ambulatory Care Settings, Release 2.0 (April 2015), or any subsequent versions. (d) No civil or criminal penalty, fine, sanction, or finding, or denial, suspension, or revocation of licensure for any person or facility may be imposed based upon a failure to provide the data elements required pursuant to this chapter, unless the data elements, electronic transmission standards, and data transmission schedule submissions required to be provided by the specified entity was printed in the California Code of Regulations and the department notified the person or facility of the data reporting requirement at least six months prior to the date of the claimed failure to report or submit the data. (Amended by Stats. 2025, Ch. 243, Sec. 8. (SB 862) Effective January 1, 2026.)
  77. 131375.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. )

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    The department must give each local health department near real-time access to its own jurisdiction’s data in the state syndromic surveillance system, and it may share data with specified entities, researchers with valid scientific interest, and the CDC under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. ) ## 131375. (a) To support local public health activities, the department shall provide each local health department as near as possible to real-time access to its jurisdiction’s data entered into the state syndromic surveillance system. (b) The department, at its discretion, may approve the sharing of data collected pursuant to Section 131370 with all of the following entities: (1) State governmental entities. (2) Local health departments. (3) Specified entities as defined in Section 131360 authorized by the department, if access is limited to the specified entity’s own data. (c) The department, at its discretion, may approve the sharing of data collected pursuant to Section 131370 with persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health. Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health that are interested in receiving data collected pursuant to Section 131370 shall submit a request to and obtain the approval of the Committee for the Protection of Human Subjects. (d) Notwithstanding Section 1798.24 of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), the department, at its discretion, may approve the sharing of data collected pursuant to Section 131370 with the CDC, if the CDC agrees in writing to maintain the confidentiality of the data before confidential data is disclosed. (Added by Stats. 2024, Ch. 40, Sec. 22. (SB 159) Effective June 29, 2024.)
  78. 13138.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1.5. Financial Provisions [13137 - 13139] ( Article 1.5 added by Stats. 1992, Ch. 306, Sec. 3. )

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    The State Fire Marshal must charge enough to recover inspection and related fire-safety costs, and the Controller must transfer those charges when requested. Disputed state-agency charges must be notified in writing, credited in later billing, and no further transfer occurs until the dispute is resolved, subject to Department of Finance approval.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1.5. Financial Provisions [13137 - 13139] ( Article 1.5 added by Stats. 1992, Ch. 306, Sec. 3. ) ## 13138. (a) For state agencies, local agencies, or private entities that are charged for the costs of fire and life safety building code inspections and related fire and life safety activities rendered by the State Fire Marshal, such as plan review, construction consulting, fire watch, and investigation, the State Fire Marshal shall charge an amount sufficient to recover the costs incurred for the fire and life safety building code inspections and those related fire and life safety activities. (b) Upon the request of the State Fire Marshal, in the form prescribed by the Controller, the Controller shall transfer the amount of the charges for services rendered from the agency’s appropriation to the appropriation for the support of the State Fire Marshal’s office. The State Fire Marshal shall charge local agencies and private entities for the amount sufficient to recover the costs of the services provided. (c) A state agency that has a dispute regarding charges for fire and life safety building code inspections provided by the State Fire Marshal shall notify the State Fire Marshal, in writing, of the dispute and the basis therefor. The State Fire Marshal shall immediately provide a credit to the state agency in the subsequent billing or billings for the amount of the charges in dispute. No further transfer of funds shall occur with respect to the services for which charges are disputed until the dispute is resolved by the State Fire Marshal, subject to the approval of the Department of Finance. (Amended by Stats. 2008, Ch. 760, Sec. 4. Effective September 30, 2008.)
  79. 131380.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. )

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    This section makes covered data confidential and tightly limits how it may be disclosed, used, stored, and recorded.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 5. Syndromic Surveillance System [131360 - 131380] ( Chapter 5 added by Stats. 2024, Ch. 40, Sec. 22. ) ## 131380. (a) All data collected pursuant to this chapter shall be confidential. (b) For any disclosure authorized by Section 131375, the disclosing entity shall only include data relevant and necessary for the approved purpose of the requested disclosure. (c) An entity authorized pursuant to subdivisions (a) and (b) of Section 131375 that receives confidential data from the department shall do all of the following: (1) Agree in writing to maintain the confidentiality of the data before confidential data is disclosed. (2) Ensure that a patient’s rights to confidentiality shall not be violated in any manner. (3) Not disclose the data to any other entity. (4) Safeguard the confidential data from unauthorized disclosure. (5) Only use the disclosed data for an approved purpose. (d) An entity authorized pursuant to subdivision (c) of Section 131375 that receives confidential data from the department shall comply with the requirements set forth by the Center for Data Insights and Innovation in Sections 130206, 103206.1, and 103206.2. (e) The furnishing of confidential data to an entity in accordance with this section will not expose any person, agency, or entity furnishing data to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (f) (1) The department shall maintain an accurate record of all persons who are given access to confidential data. The record shall include all of the following: (A) The name of the person authorizing access. (B) The name, title, address, and organizational affiliation of the person given access. (C) The dates of access. (D) The specific purpose for which the data is to be used. (2) The record of access shall be open to public inspection during normal operating hours of the department. (g) The confidential data shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and from subpoena. The confidential data shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, and shall not be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. (h) This section does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information. (Added by Stats. 2024, Ch. 40, Sec. 22. (SB 159) Effective June 29, 2024.)
  80. 13139.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1.5. Financial Provisions [13137 - 13139] ( Article 1.5 added by Stats. 1992, Ch. 306, Sec. 3. )

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    The State Fire Marshal must approve and list certain child-resistant portable gasoline containers by January 1, 2008, and no person may sell, offer for sale, or possess for sale unapproved containers after April 1, 2008.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1.5. Financial Provisions [13137 - 13139] ( Article 1.5 added by Stats. 1992, Ch. 306, Sec. 3. ) ## 13139. (a) On or before January 1, 2008, the State Fire Marshal shall approve and list portable gasoline containers that are designed and constructed according to one of the following child-resistant standards: (1) Construction and design standards that are substantially the same as the American Society for Testing and Materials (ASTM) F2517-05 standard, issued by ASTM International, or any successor standard issued by ASTM International. (2) Construction and design standards approved by a national testing laboratory recognized by the State Fire Marshal. (b) No person shall sell, offer for sale, or possess for sale, on or after April 1, 2008, a portable gasoline container that has not been listed and approved by the State Fire Marshal. (c) For purposes of this section, “portable gasoline container” means any container or vessel with a nominal capacity of 10 gallons or less that is intended for reuse and is designed, used, sold, advertised, or offered for sale primarily for receiving, transporting, storing, or dispensing gasoline. “Portable gasoline container” does not include either of the following: (1) A container or vessel permanently embossed or permanently labeled as described in Section 172.407(a) of Title 49 of the Code of Federal Regulations, as it existed on September 15, 2005, indicating containers or vessels that are solely intended for use with nonfuel or nonkerosene products. (2) A safety can meeting the requirements of Subpart F (commencing with Section 1926.150) of Part 1926 of Title 29 of the Code of Federal Regulations, as it existed on January 1, 2008. This exception shall not apply to any safety can manufactured after October 31, 2008, unless the can contains a label or silkscreen of the words “NOT CHILDPROOF” in a conspicuous and prominent place against a contrasting background, and the type shall be clear and legible. On safety cans larger than one quart, the font size of the label wording shall be printed in at least 12-point type. On safety cans one-quart and smaller, the font size of the label wording shall be printed in at least 8-point type. All labels shall be printed in both English and Spanish. (d) Retailers are permitted to sell through existing supplies of portable gasoline containers that have not been listed and approved for sale by the State Fire Marshal. (e) This section shall cease to be applicable if federal fire safety standards for portable gasoline containers that preempt this section are enacted and take effect subsequent to the effective date of this statute and the State Fire Marshal so notifies the Secretary of State. (Amended by Stats. 2008, Ch. 5, Sec. 1. Effective April 15, 2008. Section conditionally inapplicable as provided in subd. (e).)
  81. 13140.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    This section creates the State Board of Fire Services in the Office of the State Fire Marshal and gives it the powers, duties, and responsibilities of the former State Fire Advisory Board.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13140. There is hereby created in the Office of the State Fire Marshal a State Board of Fire Services, which shall consist of 18 members. The State Board of Fire Services succeeds to all of the powers, duties, and responsibilities of the State Fire Advisory Board, which is hereby abolished. Whenever the term “State Fire Advisory Board” appears in any other law, it means the State Board of Fire Services. (Amended by Stats. 2024, Ch. 133, Sec. 1. (SB 1215) Effective July 15, 2024.)
  82. 13140.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    This section sets the makeup of the State Board of Fire Services and how its members are appointed and serve.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13140.5. (a) The board shall be composed of 18 voting members, 4 of whom shall serve ex officio and 14 of whom shall be appointed by the Governor, as described in subdivisions (b) and (c). (b) The following members shall serve ex officio and may assign a designee to serve as a proxy on the board: the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection who is not the State Fire Marshal, the Director of Emergency Services, and the Chairperson of the California Fire Fighter Joint Apprenticeship Committee. (c) (1) The following members shall be appointed by the Governor: one representative of the insurance industry, one volunteer firefighter, three fire chiefs, five fire service labor representatives, one representative from city government, one representative from a fire district, the cultural burning liaison pursuant to Section 703 of the Public Resources Code, and one representative from county government. (2) Each member appointed shall be a resident of this state. (3) The volunteer firefighter shall be selected from a list of names submitted by the California State Firefighters Association. One fire chief shall be selected from a list of names submitted by the California Fire Chiefs’ Association; one fire chief shall be selected from a list of names submitted by the Fire Districts Association of California; and one fire chief shall be selected from a list of names submitted by the California Metropolitan Fire Chiefs. One fire service labor representative shall be selected from a list of names submitted by the California Labor Federation; one fire service labor representative shall be selected from a list of names submitted by the California Professional Firefighters; one fire service labor representative shall be selected from a list of names submitted by the International Association of Fire Fighters; one fire service labor representative shall be selected from a list of names submitted by the CAL FIRE Firefighters Local 2881; and one fire service labor representative shall be selected from a list of names submitted by the California State Firefighters Association. The city government representative shall be selected from elected or appointed city chief administrative officers or elected city mayors or council members. The fire district representative shall be selected from elected or appointed directors of fire districts. The county government representative shall be selected from elected or appointed county chief administrative officers or elected county supervisors. (4) The appointed members shall serve a term of four years. (5) Any member chosen by the Governor to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member that appointed member is to succeed. (Amended by Stats. 2024, Ch. 133, Sec. 2. (SB 1215) Effective July 15, 2024.)
  83. 13140.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The board needs at least 10 members present to form a quorum, and proxy representation is not allowed except as provided in Section 13140.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13140.6. A quorum of the board shall consist of not less than 10 members of the board. Except as provided in Section 13140.5, proxy representation shall not be permitted. (Amended by Stats. 2024, Ch. 133, Sec. 3. (SB 1215) Effective July 15, 2024.)
  84. 13140.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must serve as chairperson of the board and provide necessary staff services. The members must select a vice chairperson by majority vote.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13140.7. The State Fire Marshal shall act as chairperson of the board and provide necessary staff services. A vice chairperson shall be selected by majority vote of the members. (Amended by Stats. 2021, Ch. 142, Sec. 4. (SB 817) Effective January 1, 2022.)
  85. 131400.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## ARTICLE 1. General Provisions [131400 - 131410] ( Article 1 added by Stats. 2024, Ch. 999, Sec. 3. )

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    This section defines key terms used in the chapter, including the Department, personal information, protected health information, and specified entities.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## ARTICLE 1. General Provisions [131400 - 131410] ( Article 1 added by Stats. 2024, Ch. 999, Sec. 3. ) ## 131400. For purposes of this chapter: (a) “Department” means the State Department of Public Health. (b) “Emergency department” has the same meaning as defined in subdivision (b) of Section 128700. (c) “General acute care hospital” has the same meaning as defined in subdivision (a) of Section 1250. (d) “Local health department” has the same meaning as defined in Section 101185. (e) “Personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. (f) “Protected health information” means any health information that can identify an individual that is in possession of or transmitted by a covered entity or its business associate that relates to a patient’s past, present, or future health. (g) “Specified entities” means general acute care hospitals, emergency departments, and behavioral health facilities determined to be included in the capacity data solution pursuant to paragraphs (1) and (2) of subdivision (a) of Section 131405. (Added by Stats. 2024, Ch. 999, Sec. 3. (AB 177) Effective September 30, 2024.)
  86. 131405.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## ARTICLE 1. General Provisions [131400 - 131410] ( Article 1 added by Stats. 2024, Ch. 999, Sec. 3. )

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    The department and the State Department of Health Care Services may create and update a hospital capacity data solution, and the state health services department must choose which behavioral health facilities are included.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## ARTICLE 1. General Provisions [131400 - 131410] ( Article 1 added by Stats. 2024, Ch. 999, Sec. 3. ) ## 131405. (a) The department, in collaboration with the State Department of Health Care Services, may contract, or develop and administer a capacity data solution to collect, aggregate, and display information about the availability of beds in specified entities. The development of the capacity data solution shall be subject to state information technology policies, as applicable. (1) The department may determine entities in addition to subdivision (g) of Section 131400 to be included in the capacity data solution. (2) The State Department of Health Care Services shall determine the behavioral health facilities to be included in the capacity data solution to comply with the Special Terms and Conditions of the federal Centers for Medicare and Medicaid Services for the purposes of the Medicaid demonstration project pursuant to subdivision (c) of Section 14184.400 of the Welfare and Institutions Code, including, but not limited to: (A) Acute psychiatric hospitals. (B) General acute care hospitals with psychiatric units. (C) Psychiatric health facilities. (D) Provider sites certified to provide crisis stabilization services by the State Department of Health Care Services or a mental health plan. (E) Psychiatric residential treatment facilities. (b) (1) The determination of additional specified entities, list of data elements, electronic transmission standards, the data transmission schedule, and instructions pertaining to the capacity data solution may be modified by the department, in collaboration with the State Department of Health Care Services and in consultation with stakeholders, at any time. The list of data elements to be collected or disclosed shall not, at any time, include personal information or personal health information. (2) The determination of additional specified entities, list of data elements, electronic transmission standards, the data transmission schedule, and instructions pertaining to the capacity data solution for behavioral health facilities may be modified by the State Department of Health Care Services, in collaboration with the department and in consultation with stakeholders, at any time. The list of data elements to be collected or disclosed shall not, at any time, include personal information or personal health information. (c) The lists, standards, schedules, and instructions implemented pursuant to this section and any subsequent modifications shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be implemented without being adopted as a regulation, except that the revisions shall be filed with the Secretary of State and printed and published in Title 17 of the California Code of Regulations. (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department and the State Department of Health Care Services may implement, interpret, or make specific this chapter, in whole or in part, by means of all-county letters, plan letters, provider bulletins, information notices, or other similar instructions, without taking any further regulatory action. (e) A civil penalty, fine, sanction, or finding, or a denial, suspension, or revocation of licensure for a person or facility, shall not be imposed based upon a failure to provide the data elements required under this chapter, unless the required data elements, electronic transmission standards, and data transmission schedule submissions by specified entities were published in the California Code of Regulations and the department notified the person or facility of the data reporting requirements at least six months before the date of the claimed failure to report or submit. (f) Notwithstanding subdivision (e), the State Department of Health Care Services may impose a plan of correction or assess civil money penalties for specified entities licensed or certified by the State Department of Health Care Services pursuant to subdivision (a) of Section 5964 of the Welfare and Institutions Code. (Added by Stats. 2024, Ch. 999, Sec. 3. (AB 177) Effective September 30, 2024.)
  87. 13141.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Board of Fire Services must meet when called by the State Fire Marshal or requested by any two members, and it must meet at least once a year.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13141. The board shall meet at the call of the State Fire Marshal, or at the request of any two members, but not less than annually, and shall receive no salary. Board members shall be paid actual and necessary expenses related to activities of the board. Meetings of the board shall be announced in writing to all members at least 15 days in advance of the meeting date. (Amended by Stats. 1983, Ch. 1313, Sec. 11.)
  88. 131410.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## ARTICLE 1. General Provisions [131400 - 131410] ( Article 1 added by Stats. 2024, Ch. 999, Sec. 3. )

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    The department may contract to implement this chapter, but implementation depends on an appropriation and available funds.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## ARTICLE 1. General Provisions [131400 - 131410] ( Article 1 added by Stats. 2024, Ch. 999, Sec. 3. ) ## 131410. (a) The department may contract for any purpose to implement this chapter. (b) This chapter shall be implemented subject to an appropriation and the availability of funds for this purpose. (Added by Stats. 2024, Ch. 999, Sec. 3. (AB 177) Effective September 30, 2024.)
  89. 13142.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The board must make studies, recommendations, and reports to the Governor and the Legislature about minimum standards for fire protection personnel, equipment, and training.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13142. The board, shall from time to time make full and complete studies, recommendations, and reports to the Governor and the Legislature for the purpose of recommending establishment of minimum standards with respect to all of the following: (a) Physical requirements, education and training of fire protection personnel appointed to positions in regularly organized fire service agencies in this state, who are to be engaged in fire protection, including, but not limited to, fire suppression, fire prevention, arson investigation, and other allied fields. (b) Fire apparatus, equipment, hose, tools, and related items. (c) Basic minimum courses of training and education for fire protection personnel. (Repealed and added by Stats. 1973, Ch. 1197.)
  90. 13142.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The board hears appeals about State Fire Marshal regulations, but not building standards in the California Building Standards Code.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13142.6. (a) The board, under the direction of the vice chairperson, shall sit as a board of appeals on the application of the State Fire Marshal’s regulations excepting application of building standards published in the California Building Standards Code, by the State Fire Marshal or his or her salaried assistants. When any affected person believes that the State Fire Marshal’s regulations, excepting building standards, are being applied incorrectly, the person may appeal the decision of the State Fire Marshal to the board. The board shall not consider the appeal unless the matter has come to the attention of the State Fire Marshal and he or she has rendered a decision in writing. Any appeal to the board shall be made by the affected person or his or her agent in writing in the form and manner prescribed by the board. The decision of the board shall be binding upon the State Fire Marshal. Any decision made by the board shall be for the instant case only and shall not be construed as setting precedent for general application. (b) When an affected person believes that building standards are being applied incorrectly by the State Fire Marshal or his or her salaried assistants, that person may appeal to the California Building Standards Commission pursuant to Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13 of this code. (Amended by Stats. 1996, Ch. 332, Sec. 25. Effective January 1, 1997.)
  91. 13142.8.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    When the board sits as a board of appeals, the State Fire Marshal cannot sit as a board member, and any board member with a conflicting financial or other interest cannot take part in deciding a particular appeal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13142.8. When the board sits as a board of appeals: (a) The State Fire Marshal shall not sit as a member of the board. (b) A member of the board shall not sit as a member or participant in the decision of any particular appeal if that member has a financial or other interest which would influence his or her decision on the particular appeal. (Amended by Stats. 1996, Ch. 332, Sec. 26. Effective January 1, 1997.)
  92. 131420.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. )

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    The department, with the State Department of Health Care Services, must implement a capacity data solution if funds are available, and the solution must not include information about state hospitals under the State Department of State Hospitals.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## 131420. (a) Subject to appropriation or upon availability of funds, the department, in collaboration with the State Department of Health Care Services, shall implement a capacity data solution. The development of the capacity data solution shall be subject to state information technology policies, as applicable. (b) The purpose of the capacity data solution is to monitor bed capacity in near real time in specified entities during normal operations and emergencies, with the goal of reducing morbidity and mortality by facilitating patient transfers and placement, and to support response to public health and medical emergencies affecting or impacting the health of California residents. (c) The capacity data solution shall not include any information relating to state hospitals under the jurisdiction of the State Department of State Hospitals. (Added by Stats. 2024, Ch. 999, Sec. 3. (AB 177) Effective September 30, 2024.)
  93. 131425.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. )

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    The department, with the State Department of Health Care Services, must create and run a capacity data solution, identify required data and reporting format, and have specified entities submit data electronically on the department’s schedule.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 6. Hospital, Emergency Medical Services, and Behavioral Health Facilities Bed Capacity Data Solution [131420 - 131410] ( Chapter 6 added by Stats. 2024, Ch. 999, Sec. 3. ) ## 131425. (a) Subject to appropriation or upon availability of funds, the department, in collaboration with the State Department of Health Care Services, shall designate and administer a capacity data solution to which the specified entities shall submit data. (b) The department, in collaboration with the State Department of Health Care Services, shall identify the data elements that shall be submitted by the specified entities and the schedule and format for data submission. (1) The data elements to be submitted by behavioral health facilities that are specified entities shall include, but not be limited to, the following: (A) Number of available beds. (B) For each available bed, the age ranges for which the bed is appropriate. (C) For each available bed, whether the bed is secure for individuals who have been determined to be a danger to themselves or others or are gravely disabled. (D) Other data elements the State Department of Health Care Services identifies, in consultation with interested organizations representing behavioral health facilities and other relevant stakeholders, as necessary for effective implementation of the capacity data solution. (2) The data elements to be submitted by general acute care hospitals and emergency departments that are specified entities shall include, but not be limited to, the following: (A) Hospital bed census. (B) Bed availability by level of care, unit, and hospital. (C) Other data elements the department identifies, in consultation with interested organizations representing general acute care hospitals and emergency departments and other relevant stakeholders, as necessary for effective implementation of the capacity data solution. (c) The capacity data solution shall have both of the following capabilities, at a minimum: (1) Collecting data. (2) Enabling searches by authorized users to identify available behavioral health beds that are appropriate for individuals in need of treatment provided by the specified entities. (d) The capacity data solution shall be subject to all applicable state and federal privacy laws. (e) The specified entities shall submit the required data electronically in accordance with the schedule established by the department. (Added by Stats. 2024, Ch. 999, Sec. 3. (AB 177) Effective September 30, 2024.)
  94. 13143.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must adopt fire-safety building standards and regulations for certain occupancies, and local governments cannot impose conflicting fire-safety requirements for the covered facilities.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143. (a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 and shall prepare and adopt other regulations establishing minimum requirements for the prevention of fire, and for the protection of life and property against fire and panic, in any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution not otherwise excluded from the coverage of this subdivision, school, or any similar occupancy of any capacity, and in any assembly occupancy 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 for any laboratory or research and development facility that stores, handles, or uses regulated hazardous materials. The State Fire Marshal shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 for the purposes described in this section. Regulations adopted pursuant to this subdivision and building standards relating to fire and panic safety published in the California Building Standards Code shall establish minimum requirements relating to the means of egress and the adequacy of exits from, the installation and maintenance of fire extinguishing and fire alarm systems in, the storage and handling of combustible or explosive materials or substances, and the installation and maintenance of appliances, equipment, decorations, security bars, grills, grates, and furnishings that present a fire, explosion, or panic hazard, and the minimum requirements shall be predicated on the height and fire-resistive qualities of the building or structure and the type of occupancy for which it is to be used. The building standards and other regulations shall apply to auxiliary or accessory buildings used or intended for use with any of the occupancies mentioned in this subdivision. Violation of any building standard or other regulation shall be a violation of this chapter. In preparing and adopting building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, and in preparing and adopting other regulations affecting public schools, the State Fire Marshal shall also secure the advice of the State Department of Education. No regulation adopted by the State Fire Marshal shall conflict with any rule, regulation, or building standard lawfully adopted or enforced by the Department of General Services pursuant to Article 3 (commencing with Section 39140) of Chapter 2 of Part 23 or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of the Education Code. In addition to any other requirements for location of exit signs or devices in any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution not otherwise excluded from the coverage of this subdivision, school, or any similar occupancy of any capacity, and in any assembly occupancy 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, the State Fire Marshal shall adopt building standards pursuant to this section establishing minimum requirements for the placement of distinctive devices, signs, or other means that identify exits and can be felt or seen near the floor. Exit sign technologies permitted by the model building code upon which the California Building Standards Code is based, shall be permitted. These building standards shall be adopted before July 1, 1998, and shall apply to all newly constructed buildings or structures subject to this subdivision for which a building permit is issued, or construction commenced, if no building permit is issued, on or after January 1, 1989. (b) Notwithstanding subdivision (a) and Section 13143.6, facilities licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 which provide nonmedical board, room, and care for six or fewer ambulatory children placed with the licensee for care or foster family homes and family day care homes for children, licensed pursuant to Chapter 3.6 (commencing with Section 1597.50) of Division 2, with a capacity of six or fewer and providing care and supervision for ambulatory children or children two years of age or younger, or both, shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of this chapter or regulations adopted pursuant thereto. No city, county, or public district shall adopt or enforce any requirement for the prevention of fire, or for the protection of life and property against fire and panic, with respect to structures used as facilities specified in this subdivision, unless the requirement would be applicable to a structure regardless of the special occupancy. Nothing in this subdivision shall restrict the application of state or local housing standards to those facilities, if the standards are applicable to residential occupancies and are not based upon the use of the structure as a facility specified in this subdivision. “Ambulatory children,” as used in this subdivision, does not include nonambulatory persons, as defined in Section 13131, and relatives of the licensee or the licensee’s spouse. (c) The State Fire Marshal shall adopt building standards establishing regulations providing that all school classrooms constructed after January 1, 1990, not equipped with automatic sprinkler systems, which have metal grills or bars on all their windows and do not have at least two exit doors within three feet of each end of the classroom opening to the exterior of the building or to a common hallway used for evacuation purposes, shall have an inside release for the grills or bars on at least one window farthest from the exit doors. The window or windows with the inside release shall be clearly marked as an emergency exit, in accordance with regulations adopted by the State Fire Marshal. (Amended by Stats. 2008, Ch. 367, Sec. 1. Effective January 1, 2009.)
  95. 13143.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must prepare, adopt, and submit building standards for approval for motion picture or television production facilities, with advice from the State Board of Fire Services, subject to Section 18930.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.1. (a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 establishing minimum requirements for the prevention of fire and for the protection of life and property against fire and panic in any motion picture or television production facility. (b) In accordance with Section 13143.5, this subdivision shall not limit the authority of a city, county, city and county, or special district to set, pursuant to this division, stricter standards than those adopted pursuant to this section. (Added by Stats. 1994, Ch. 498, Sec. 1. Effective January 1, 1995.)
  96. 13143.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must adopt and enforce fire safety rules and building standards for certain multiple-story residential structures, and local governments may adopt alternative standards if they meet the required fire-safety level.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.2. (a) Except as provided in Section 18930, the State Fire Marshal shall adopt, amend, and repeal fire safety rules and regulations, and, except as otherwise provided in this part and Part 1.5 (commencing with Section 17910) of Division 13, the State Fire Marshal shall enforce building standards published in the California Building Standards Code and those other rules and regulations adopted by the State Fire Marshal for the provision of structural fire safety and fire-resistant exits in multiple-story structures existing on January 1, 1975, let for human habitation, including, and limited to, apartment houses, hotels, and motels wherein rooms used for sleeping are let above the ground floor. The State Fire Marshal shall adopt, amend, or repeal, and shall submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. The rules and regulations and building standards shall provide adequate safety to the occupants and the general public, and shall be consistent with the requirements contained in subdivisions (d), (e), (f), (g), (h), (i), (k), and (l) of Section 1215 of Part 2 of the California Building Standards Code, 1990 edition, or similar successor standards of the California Building Standards Code. Except as provided in Section 18930, the department, with the written approval of the State Fire Marshal, may allow reasonable exceptions to subdivisions (e) and (g) of Section 1215 of Part 2 of the California Building Standards Code, 1990 edition, or similar successor standards of the California Building Standards Code, to permit the continued use of existing stairs and to subdivision (l) of Section 1215 to permit equivalent protection in lieu of occupancy separations. However, the exceptions shall not impair occupant safety and shall be consistent with the legislative intent of this section. The building standards adopted by the State Fire Marshal and submitted for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 shall not require that interior stairs and vertical openings be enclosed in two-story buildings. (b) Notwithstanding subdivision (a), any city, county, or city and county may adopt building standards for structural fire safety and fire-resistant exits in structures subject to this section. However, those building standards shall be substantially equivalent in fire safety to, or more stringent in fire safety than, the building standards published in the California Building Standards Code. Each city, county, or city and county adopting alternative standards shall submit a detailed statement, with supporting data, to the State Fire Marshal of the alternate standards to the state building standards and other regulations adopted by the State Fire Marshal. The State Fire Marshal shall make a finding as to whether the alternative local standards are equivalent to the requirements of the California Building Standards Code. It is the intention of the Legislature that the building standards adopted and published in the California Building Standards Code shall be consistent with the requirements for new construction contained in the Uniform Building Code, 1988 edition, as adopted by the International Conference of Building Officials or similar successor standards adopted in accordance with Section 18928, except as otherwise required by state or federal law. (c) This section shall not apply to any apartment house, hotel, or motel existing on May 14, 1979, having floors, as measured from the top of the floor surface, used for human occupancy located more than 75 feet above the lowest floor level having building access which is subject to Chapter 3 (commencing with Section 13210) of Part 2 of Division 12 relating to high rise buildings existing on May 14, 1979. (d) The enforcement agency shall make inspections to the extent necessary to identify the structures within its jurisdiction in violation of the rules and regulations adopted pursuant to this section, and all structures subject to this section shall be conformed to the requirements contained in those regulations. (e) All structures governed by Part 2.7 (commencing with Section 18950) of Division 13 are exempt from the permissive authority granted by subdivision (b). (Added by Stats. 1990, Ch. 1111, Sec. 2.)
  97. 13143.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal and local public entities may not charge a fee to enforce Section 13143 or related regulations for certain licensed child care facilities.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.3. The State Fire Marshal or any local public entity shall not charge any fee for enforcing the provisions of Section 13143 or regulations adopted pursuant thereto with respect to facilities providing nonmedical board, room, and care for six or less children which are required to be licensed under the provisions of Chapter 2 (commencing with Section 1250) of Division 2. (Added by renumbering Section 13143.5 (as added by Stats. 1973, Ch. 1204) by Stats. 2015, Ch. 303, Sec. 306. (AB 731) Effective January 1, 2016.)
  98. 13143.4.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must adopt regulations allowing NFPA 704 diamonds to be displayed at entrances to buildings and other places where hazardous materials are stored.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.4. The State Fire Marshal shall adopt regulations to authorize National Fire Protection Association 704 Standard System Diamonds, as provided in the 1985 Edition of the National Fire Protection Association 704, Standard System for Identification of Fire Hazards of Materials, be displayed at entrances to buildings and other locations where hazardous materials are stored. (Added by Stats. 1988, Ch. 1189, Sec. 1.)
  99. 13143.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    Cities, counties, and city and counties may adopt more stringent fire and panic safety changes by ordinance, but certain structures are exempt and some local sprinkler mandates are not authorized or prohibited by this section.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.5. (a) Notwithstanding Part 2 (commencing with Section 13100) of Division 12, Part 1.5 (commencing with Section 17910) of Division 13, and Part 2.5 (commencing with Section 18901) of Division 13, any city, county, or city and county may, by ordinance, make changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and the other regulations adopted pursuant to this part. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to subdivision (b) of Section 18941.5. (b) Nothing in this section shall authorize a local jurisdiction to mandate, nor prohibit a local jurisdiction from mandating, the installation of residential fire sprinkler systems within newly constructed dwelling units or in new additions to existing dwelling units, including, but not limited to, manufactured homes as defined in Section 18007. (c) Nothing in this section shall authorize a local jurisdiction to mandate, nor prohibit a local jurisdiction from mandating, the retrofitting of existing dwelling units for the installation of residential fire sprinkler systems, including, but not limited to, manufactured homes as defined in Section 18007. (d) Nothing in this section shall apply in any manner to litigation filed prior to January 1, 1991, regarding an ordinance or regulation which mandates the installation of residential fire sprinkler systems within newly constructed dwelling units or new additions to existing dwelling units. (e) This section shall not apply to fire and panic safety requirements for the public schools adopted by the State Fire Marshal pursuant to Section 13143. (f) (1) A city, county, or city and county that adopts an ordinance relating to fire and panic safety pursuant to this section shall delegate the enforcement of the ordinance to either of the following: (A) The chief of the fire authority of the city, county, or city and county, or his or her authorized representative. (B) The chief building official of the city, county, or city and county, or his or her authorized representative. (2) Any fee charged pursuant to the enforcement authority of this subdivision shall not exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code. (g) On or before October 1, 1991, and each October 1 thereafter, the Department of Housing and Community Development, in conjunction with the office of the State Fire Marshal, shall transmit a report to the State Building Standards Commission on the more stringent requirements, adopted by a city, county, or city and county, pursuant to this section or adopted by a fire protection district and ratified pursuant to Section 13869.7, to the building standards relating to fire and panic safety adopted by the State Fire Marshal and contained in the California Building Standards Code. The report shall be for informational purposes only and shall include a summary by the department and the office of the reasons cited as the necessity for the more stringent requirements. The report required pursuant to this subdivision shall apply to any more stringent requirements adopted or ratified on or after January 1, 1991. (h) All structures governed by Part 2.7 (commencing with Section 18950) of Division 13 are exempt from the permissive authority granted by subdivision (a). (Amended (as amended by Stats. 1992, Ch. 661) by Stats. 1993, Ch. 906, Sec. 12. Effective October 8, 1993. Operative January 1, 1994, by Sec. 24 of Ch. 906.)
  100. 13143.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must set fire-safety standards for certain homes and institutions, and some facilities must install approved sprinkler or fire-alarm systems depending on occupant type and number.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.6. (a) Except as provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire in any building or structure used or intended for use as a home or institution for the housing of any person of any age when such person is referred to or placed within such home or institution for protective social care and supervision services by any governmental agency. The State Fire Marshal shall adopt and submit building standards for approval pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 for the purposes described in this section. Occupancies within the meaning of this subdivision shall be those not otherwise specified in Sections 13113 and 13143 and shall include, but are not limited to, those commonly referred to as “certified family care homes,” “out-of-home placement facilities,” and “halfway houses.” Building standards relating to fire and panic safety published in the State Building Standards Code and other regulations adopted pursuant to this subdivision shall establish minimum requirements relating to the means of egress and the adequacy of exits, the installation and maintenance of fire extinguishing and fire alarm systems, the storage, handling, or use of combustible or flammable materials or substances, and the installation and maintenance of appliances, equipment, decorations, and furnishings that may present a fire, explosion, or panic hazard. Such minimum requirements shall be predicated on the height, area, and fire-resistive qualities of the building or structure used or intended to be used. Any building or structure within the scope of this subdivision used or intended to be used for the housing of more than six nonambulatory persons shall have installed and maintained in proper operating condition an automatic sprinkler system approved by the State Fire Marshal. “Nonambulatory person,” as used in this section, means nonambulatory person as defined in Section 13131. The ambulatory or nonambulatory status of any developmentally disabled person within the scope of this subdivision shall be determined by the Director of Social Services or his or her designated representative, in consultation with the Director of Developmental Services or his or her designated representative. Any building or structure within the scope of this subdivision used or intended to be used for the housing of more than six ambulatory persons shall have installed or maintained in proper operating condition an automatic fire alarm system approved and listed by the State Fire Marshal which will respond to products of combustion other than heat. In preparing and adopting regulations pursuant to this subdivision, the State Fire Marshal shall give reasonable consideration to the continued use of existing buildings’ housing occupancies established prior to March 4, 1972. In preparing and adopting regulations pursuant to this subdivision, the State Fire Marshal shall also secure the advice of the appropriate governmental agencies involved in the affected protective social care programs in order to provide compatibility and maintenance of operating programs in this state. Any governmental agency that refers any person to, or causes his or her placement in, any home or institution subject to this section shall, within seven days after the referral or placement, request verification of conformance to the fire safety standards adopted by the State Fire Marshal pursuant to this section from the fire authority having jurisdiction pursuant to Sections 13145 and 13146. Any referral or placement in homes or institutions subject to this section shall be subject to rescission if the fire authority having jurisdiction subsequently informs the governmental agency that it is unable to give the requested verification. When a building or structure within the scope of this subdivision is used to house either ambulatory or nonambulatory persons, or both, and an automatic sprinkler system, approved by the State Fire Marshal, is installed, this subdivision shall not be construed to also require the installation of an automatic fire alarm system. (b) Notwithstanding any other provision of law, facilities which are subject to the provisions of subdivision (a) and which are used for the housing of persons, none of whom are physically or mentally handicapped or nonambulatory persons within the meaning of Section 13131, shall not be required to have installed an automatic sprinkler system or an automatic fire alarm system. In adopting regulations, or when adopting building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, affecting facilities specified in this subdivision, the State Fire Marshal shall take into consideration the ambulatory and nonhandicapped status of persons housed in such facilities. (c) It is the intent of the Legislature that any building or structure within the scope of subdivision (a) in which there is housed any totally deaf person, shall be required by the State Fire Marshal to be equipped with fire warning devices to which such person is able to respond. (d) The provisions of this section, building standards adopted by the State Fire Marshal pursuant to this section and published in the State Building Standards Code relating to fire and panic safety, and the other regulations adopted by the State Fire Marshal pursuant to this section shall apply uniformly throughout the State of California, and no county, city, city and county, or district shall adopt or enforce any ordinance or local rule or regulation relating to fire and panic safety in buildings or structures subject to the provisions of this section which is inconsistent with the provisions of this section, building standards published in the State Building Standards Code relating to fire and panic safety, or the other regulations adopted by the State Fire Marshal pursuant to this section. (Amended by Stats. 1980, Ch. 118.)
  101. 13143.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must adopt fire-safety regulations and building standards for certain correctional reentry facilities and related parolee housing.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.7. (a) Except as provided in Section 18930, the State Fire Marshal, in consultation with the Department of Corrections and Rehabilitation, shall prepare and adopt regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire in any building or structure used or intended for use as a community correctional reentry facility, as defined in Section 6258 of the Penal Code. The State Fire Marshal shall adopt and submit building standards for approval pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 for the purposes described in this section. (b) The regulations and building standards developed pursuant to subdivision (a) shall also address buildings and structures that provide residential housing for parolees under contract with the Department of Corrections and Rehabilitation. (Added by Stats. 2017, Ch. 363, Sec. 7. (SB 112) Effective September 28, 2017.)
  102. 13143.8.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    If the State Fire Marshal and a local enforcement agency disagree on applying certain fire rules for a community care facility, the permittee or licensee may request written notice of the Fire Marshal’s interpretation, and the Marshal must then notify the agency and, if needed, hold a hearing.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.8. In case of conflict between the State Fire Marshal and the local enforcement agency in the interpretation or application of the provisions, regulations, or building standards of the State Fire Marshal by local enforcement agencies as they pertain to community care facilities, upon request of the permittee or licensee of the community care facility, the State Fire Marshal shall notify the local enforcement agency in writing of the State Fire Marshal’s interpretation, and if the local enforcement agency fails to apply the State Fire Marshal’s interpretation, the State Fire Marshal shall conduct an adjudication hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code before a hearing officer of the Office of Administrative Hearings, with the local enforcement agency as respondent, to resolve the conflict. The interpretation or application made by the hearing officer is binding on that local enforcement agency and the State Fire Marshal. The adjudication hearing shall be held within 30 days after the State Fire Marshal notifies the local enforcement agency of the interpretation, and a decision shall be rendered within 15 days of the hearing. (Amended by Stats. 1996, Ch. 332, Sec. 28. Effective January 1, 1997.)
  103. 13143.9.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must prepare and submit hazardous-materials fire and life safety standards, and some businesses must file inventory forms with the fire code official when required.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13143.9. (a) The State Fire Marshal shall, in carrying out Section 13143, prepare, adopt, and submit building standards and other fire and life safety regulations for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 establishing minimum requirements for the storage, handling, and use of hazardous materials, as defined, in the California Fire Code. The State Fire Marshal shall seek the advice of the Secretary for Environmental Protection in establishing these requirements. This section does not prohibit a city, county, or district from adopting an ordinance, resolution, or regulation imposing stricter or more stringent requirements than a standard adopted pursuant to this section. (b) A business that files the annual inventory form in compliance with Chapter 6.95 (commencing with Section 25500) of Division 20, including the addendum adopted pursuant to paragraph (4) of subdivision (e) of Section 25504, when required, shall be deemed to have met the requirements of the California Fire Code regarding hazardous materials inventory statements, as adopted by the State Fire Marshal pursuant to this section. (c) A business that is not required to file a hazardous materials inventory form pursuant to Section 25506 but that is required by the fire code official to comply with the California Fire Code regarding hazardous materials inventory statements, as adopted by the State Fire Marshal pursuant to this section, shall, notwithstanding Chapter 6.95 (commencing with Section 25500) of Division 20, file the inventory form adopted pursuant to Section 25506 and the addendum adopted pursuant to paragraph (4) of subdivision (e) of Section 25504, when required, with the fire code official for purposes of complying with this requirement, if determined to be necessary by the fire code official. (Amended by Stats. 2021, Ch. 115, Sec. 24. (AB 148) Effective July 22, 2021.)
  104. 13144.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must prepare excerpts of fire- and panic-safety laws, rules, and regulations, and may provide single copies without cost to certain California fire officials and establishment owners or managers.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13144. The State Fire Marshal shall prepare in book or bulletin form excerpts of the laws, rules, and regulations dealing with fire and panic safety and may make single copies of such laws, rules, and regulations available, without cost, to California fire officials and to owners and managers of establishments governed by such laws, rules, and regulations. (Amended by Stats. 1951, Ch. 1290.)
  105. 13144.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must regularly publish fire-safety listings and revisions, distribute copies on written request at printing/distribution cost, and may also evaluate and list other fire safety products.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13144.1. (a) Except as provided in Sections 18930 and 18933, the State Fire Marshal shall biennially prepare and publish listings of construction materials and equipment and methods of construction and of installation of equipment, together with the name of any person, firm, corporation, association, or similar organization designated as the manufacturer, representative, or supplier, which are in conformity with building standards relating to fire and panic safety adopted and published in the State Building Standards Code and other fire and panic safety requirements adopted by the State Fire Marshal and published in Title 19 of the California Administrative Code. The State Fire Marshal shall in alternate years prepare and publish revisions to the listings. Copies of the listings or revisions shall be distributed by the State Fire Marshal at the costs incurred by him or her for the printing and distribution of the listings or revisions to persons who have submitted written requests for the approved listings or revisions. The purpose of this section is to provide enforcement authorities, architects, engineers, contractors, local building officials, and any other interested persons, with a reliable and readily available source of information of construction materials, equipment, methods of construction, and installation of equipment which meet the minimum requirements established or enforced by the State Fire Marshal, pursuant to Sections 13108 and 13143. No person, firm, corporation, association, or similar organization shall be denied listing if the material to be listed is approved by a testing organization using testing procedures approved by the State Fire Marshal. It shall not be construed that because a material, assemblies of materials, method of construction and installation of equipment have not been listed, as provided by this section, the material, assemblies of materials, method of construction and installation of equipment does not conform to the fire and panic safety requirements as published in the State Building Standards Code or in Title 19 of the California Administrative Code. (b) The State Fire Marshal may evaluate, test, approve, disapprove, and list any other fire safety product not covered in subdivision (a). (Amended by Stats. 1996, Ch. 332, Sec. 29. Effective January 1, 1997.)
  106. 13144.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    Applicants seeking listing must apply to the State Fire Marshal and include the required fees; renewal deadlines and a late penalty also apply.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13144.2. Any person, firm, corporation, association, or similar organization desiring listing pursuant to Section 13144.1 shall, prior to placement on any list or revision thereto, make an original or annual renewal application to the State Fire Marshal on forms provided by the State Fire Marshal. Original applications shall be accompanied by both an application fee and a listing fee. Renewal applications shall be accompanied by a listing fee. An application for revision shall be accompanied by a revision fee. Failure to submit an annual renewal application and listing fee shall automatically cause removal of the material, equipment, method of construction, or installation of equipment from the listings or revision thereto. The original application fee, the listing fee, and the revision fee shall be established and collected by the State Fire Marshal. Those fees shall not exceed the costs incurred by the State Fire Marshal in conducting evaluations and tests of construction materials and equipment and methods of construction and of installation of equipment. The annual application and listing fee renewal period shall begin on January 1 and end on May 1 preceding the listing year for which the renewal is requested. A penalty of 50 percent of the listing fee shall be assessed in all cases where the renewal fees are not paid on or before May 1, preceding the listing year for which renewal is requested. The State Fire Marshal may designate in generic terms, without application or fee, materials or assemblies of materials classed by the State Fire Marshal as industrywide, by regulations adopted pursuant to Sections 13108 and 13143. (Amended by Stats. 1989, Ch. 529, Sec. 3.)
  107. 13144.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    Fees collected under Section 13144.2 must be deposited into the State Fire Marshal Licensing and Certification Fund, and those funds are available to the State Fire Marshal only after legislative appropriation for the stated purposes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13144.3. The annual and renewal listing established by Section 13144.2 shall be for the fiscal year period from July 1 to June 30 or for the remaining portion thereof. All moneys collected from original and annual renewal fees pursuant to Section 13144.2 shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137, and shall be available to the State Fire Marshal upon appropriation by the Legislature for the purposes specified in Section 13144.2. (Amended by Stats. 1992, Ch. 306, Sec. 4. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 306.)
  108. 13144.4.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal may adopt regulations to carry out Sections 13144.1, 13144.2, and 13144.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13144.4. The State Fire Marshal may adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of Sections 13144.1, 13144. 2, and 13144.3. (Added by Stats. 1963, Ch. 1955.)
  109. 13144.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must prepare and run voluntary regular training sessions on interpreting and applying fire and panic safety laws and regulations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13144.5. The State Fire Marshal shall prepare and conduct voluntary regular training sessions devoted to the interpretation and application of the laws and rules and regulations in Title 19 and Title 24 of the California Code of Regulations relating to fire and panic safety. The training sessions shall include, but need not be limited to, interpretation of the regulations pertaining to community care facilities licensed pursuant to Section 1508, to residential care facilities for the elderly licensed pursuant to Section 1569.10, and to child day care facilities licensed pursuant to Section 1596.80, in order to coordinate a consistent interpretation and application of the regulations among local fire enforcement agencies. (Amended by Stats. 1989, Ch. 993, Sec. 5.)
  110. 13145.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The listed fire officials must enforce fire- and panic-safety building standards and other fire-prevention regulations in their respective areas.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13145. The State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, shall enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. (Amended by Stats. 2010, Ch. 370, Sec. 2. (AB 2021) Effective January 1, 2011.)
  111. 13146.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    This section assigns who enforces fire-safety building standards and related State Fire Marshal regulations, and allows a fee only up to reasonable cost.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146. (a) The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall be as follows: (1) The city, county, or city and county with jurisdiction in the area affected by the standard or regulation shall delegate the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to R-3 dwellings, as described in Section 310.5 of Part 2 of the California Building Standards Code, to either of the following: (A) The chief of the fire authority of the city, county, or city and county, or the chief’s authorized representative. (B) The chief building official of the city, county, or city and county, or the official’s authorized representative. (2) The chief of any city, county, or city and county fire department or of any fire protection district, and their authorized representatives, shall enforce within its jurisdiction the building standards and other regulations of the State Fire Marshal, except those described in paragraph (1) or (4). (3) The State Fire Marshal shall have authority to enforce the building standards and other regulations of the State Fire Marshal in areas outside of corporate cities and districts providing fire protection services. (4) The State Fire Marshal shall have authority to enforce the building standards and other regulations of the State Fire Marshal in corporate cities and districts providing fire protection services upon request of the chief fire official or the governing body. (5) The State Fire Marshal shall enforce the building standards and other regulations of the State Fire Marshal on all University of California campuses and properties administered or occupied by the University of California and on all California State University campuses and properties administered or occupied by the California State University. For each university campus or property the State Fire Marshal may delegate that responsibility to the person of the State Fire Marshal’s choice who shall be known as the Designated Campus Fire Marshal. (b) A fee may be charged pursuant to the enforcement authority of this section but shall not exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code. (Amended by Stats. 2019, Ch. 31, Sec. 7. (SB 85) Effective June 27, 2019.)
  112. 13146.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    The State Fire Marshal must inspect every jail or place of detention, unless local fire officials take over the inspections in writing. Inspections must happen at least every two years, reports must go to specified officials within 30 days, and the State Fire Marshal may charge a fee for the inspection.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146.1. (a) Notwithstanding Section 13146, the State Fire Marshal, or the State Fire Marshal’s authorized representative, shall inspect every jail or place of detention for persons charged with or convicted of a crime, unless the chief of any city, county, or city and county fire department or fire protection district, or that chief’s authorized representative, indicates in writing to the State Fire Marshal, by June 30 of each applicable year pursuant to subdivision (b), that inspections of jails or places of detention, therein, shall be conducted by the chief, or the chief’s authorized representative, and submits the reports as required in subdivision (c). (b) The inspections shall be made at least once every two years for the purpose of enforcing the regulations adopted by the State Fire Marshal, pursuant to Section 13143, and the minimum standards pertaining to fire and life safety adopted by the Board of State and Community Corrections, pursuant to Section 6030 of the Penal Code. (c) Reports of the inspections shall be submitted to the official in charge of the facility, the local governing body, the State Fire Marshal, and the Board of Corrections within 30 days of the inspections. (d) The State Fire Marshal, or the State Fire Marshal’s authorized representative, who performs an inspection pursuant to subdivision (a) may charge and collect a fee for the inspection from the local government. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the State Fire Marshal, sufficient to pay the costs of that inspection or those related fire and life safety activities. (Amended by Stats. 2019, Ch. 31, Sec. 8. (SB 85) Effective June 27, 2019.)
  113. 13146.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    Certain local fire departments and the State Fire Marshal may inspect specified structures and may charge inspection or related service fees, but dwellings are excepted from the inspection rule.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146.2. (a) Every city, county, or city and county fire department or district providing fire protection services required by Sections 13145 and 13146 to enforce building standards adopted by the State Fire Marshal and other regulations of the State Fire Marshal shall, annually, inspect all structures subject to subdivision (b) of Section 17921, except dwellings, for compliance with building standards and other regulations of the State Fire Marshal. (b) A city, county, or city and county fire department or district providing fire protection services that inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection from the owner of the structure in an amount, as determined by the city, county, or city and county fire department or district providing fire protection services, sufficient to pay the costs of that inspection. (c) A city, county, or city and county fire department or district providing fire protection services that provides related fire and life safety activities for structures subject to subdivision (b) of Section 17921, such as plan review, construction consulting, fire watch, and investigation, may charge and collect a fee from the owner of the structure in an amount, as determined by the city, county, city and county, or district, sufficient to pay the costs of those related fire and life safety activities. (d) The State Fire Marshal, or the State Fire Marshal’s authorized representative, who inspects a structure subject to subdivision (b) of Section 17921, except dwellings, for compliance with building standards and other regulations of the State Fire Marshal, may charge and collect a fee for the inspection from the owner of the structure. The State Fire Marshal may also charge and collect a fee from the owner of the structure for related fire and life safety activities, such as plan review, construction consulting, fire watch, and investigation. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the State Fire Marshal, sufficient to pay the costs of that inspection or those related fire and life safety activities. (Amended by Stats. 2019, Ch. 31, Sec. 9. (SB 85) Effective June 27, 2019.)
  114. 13146.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    Local fire departments must inspect public and private schools at least once a year, and the State Fire Marshal must do the same in certain areas outside cities and fire-protection districts. The inspectors may charge a fee for the inspection that covers the inspection cost.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146.3. (a) A city, county, or city and county fire department or district providing fire protection services shall inspect every building used as a public or private school within its jurisdiction, for the purpose of enforcing regulations promulgated pursuant to Section 13143, not less than once each year. The State Fire Marshal and the State Fire Marshal’s authorized representatives shall make these inspections not less than once each year in areas outside of corporate cities and districts providing fire protection services. (b) A city, county, or city and county fire department or district that, or the State Fire Marshal or the State Fire Marshal’s authorized representative who, inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection in an amount sufficient to pay the costs of that inspection. (Amended by Stats. 2019, Ch. 31, Sec. 10. (SB 85) Effective June 27, 2019.)
  115. 13146.4.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

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    Certain fire departments and districts must file an annual compliance report with their administering authority, and the authority must formally acknowledge receipt.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document. (d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be. (Added by Stats. 2018, Ch. 854, Sec. 1. (SB 1205) Effective January 1, 2019.)
  116. 13146.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

    Verify source ↗

    At the local level, these sections should be carried out by regular full-time members of a regularly organized city, county, or district fire department, not by other persons.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146.5. The provisions of Sections 13145, 13146 and 13146.3 shall, so far as practicable, be carried out at the local level by persons who are regular full-time members of a regularly organized fire department of a city, county, or district providing fire protection services, and shall not be carried out by other persons pursuant to Section 34004 of the Government Code. (Amended by Stats. 1980, Ch. 118.)
  117. 13146.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

    Verify source ↗

    A local fire department or district may use an all-volunteer fire department for fire protection services and may do so by requesting enforcement help from the State Fire Marshal or another qualifying fire department or district.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13146.6. If the governing body of a city, county, or city and county fire department or district providing fire protection services relies on an all-volunteer fire department for the provision of fire protection services pursuant to Sections 13145, 13146, 13146.2, and 13146.3, they may do so through one of the following methods: (a) They may request the State Fire Marshal to enforce the building standards and other regulations of the State Fire Marshal, in accordance with paragraph (4) of subdivision (a) of Section 13146. (b) They may request another city, county, or city and county fire department or district providing fire protection services that has regular full-time members of a regularly organized fire department to enforce the building standards and other regulations of the State Fire Marshal. (Added by Stats. 2019, Ch. 31, Sec. 11. (SB 85) Effective June 27, 2019.)
  118. 13147.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. )

    Verify source ↗

    Regulations must require certain new school buildings to include fire hydrants and water piping needed for fire protection.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. The State Board of Fire Services [13140 - 13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) ## 13147. The regulations adopted pursuant to subdivision (a) of Section 13143 shall require that the new construction of any school building for which review and approval is required under subdivision (a) of Section 39140 of the Education Code include the placement of fire hydrants and water piping as necessary to supply the water capacity required for the fire protection of the building. (Added by Stats. 1990, Ch. 52, Sec. 1.)
  119. 1315.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section allows certain licensed dental professionals to provide dental services, dental hygiene services, and oral health inservice training in licensed health facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1315. (a) Dental services, as defined in the Dental Practice Act, may be provided to a patient in a health facility licensed under this chapter. Those services shall be provided by a person licensed by the State of California pursuant to Section 1611 of the Business and Professions Code. (b) (1) Dental hygiene services, as defined in the Dental Practice Act, may be provided to a patient in a long-term health care facility, as defined in Section 1418, that is licensed under this chapter, by a person licensed by the State of California as a registered dental hygienist in alternative practice pursuant to Section 1922 of the Business and Professions Code, practicing in accordance with those provisions. (2) A person licensed as a registered dental hygienist by the State of California pursuant to Section 1917, 1917.1, 1918, or 1922 of the Business and Professions Code, practicing in accordance with those provisions, may provide oral health inservice training to staff in a long-term health care facility licensed under this chapter. (c) This section shall not limit or restrict the right of a licensed physician and surgeon to perform any acts authorized under the Medical Practice Act. (Amended by Stats. 2023, Ch. 677, Sec. 5. (AB 1257) Effective January 1, 2024.)
  120. 13150.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. )

    Verify source ↗

    This section defines flammable and combustible liquids for this article, including specific flashpoint and vapor-pressure thresholds, and gives an exemption for certain low-alcohol aqueous solutions.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. ) ## 13150. For purposes of this article, “flammable liquids” shall mean any liquid having a flashpoint below 100°F (37.8°C) and a vapor pressure not exceeding 40 pounds per square inch (absolute) at a temperature of 100°F (37.8°C). Flammable liquids may include crude oils and cutback asphalts. “Combustible liquid” shall mean a liquid having a flashpoint at or above 100°F (37.8°C), and below 200°F (93.3°C). This does not include wine, or any other aqueous solution, having an alcoholic content less than, or equal to, 24 percent by volume. This exemption applies only if the nonalcohol portion of the aqueous solution does not fall within the definition of flammable or combustible liquid. The provisions of this article also apply to liquids having a flashpoint of 200°F (93.3°C) or higher when such liquids, upon being heated, assume the characteristics of a flammable or combustible liquid. (Amended by Stats. 1978, Ch. 868.)
  121. 131500.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 1. General Provisions [131500 - 131502] ( Chapter 1 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    This division is known as the Adult Health Coverage Expansion Program and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 1. General Provisions [131500 - 131502] ( Chapter 1 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131500. This division shall be known and may be cited as the Adult Health Coverage Expansion Program. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  122. 131501.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 1. General Provisions [131500 - 131502] ( Chapter 1 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    The Legislature states its intent that the Adult Health Coverage Expansion Program provide health care coverage on a pilot basis to eligible adults in Santa Clara County who do not have health care coverage.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 1. General Provisions [131500 - 131502] ( Chapter 1 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131501. It is the intent of the Legislature that the Adult Health Coverage Expansion Program provide health care coverage on a pilot program basis to eligible adults domiciled and employed in Santa Clara County who are without health care coverage. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  123. 131502.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 1. General Provisions [131500 - 131502] ( Chapter 1 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    This section defines terms used in the Adult Health Coverage Expansion Program, including “local initiative,” “program,” and “small business.”

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 1. General Provisions [131500 - 131502] ( Chapter 1 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131502. The following definitions apply for purposes of this division: (a) “Local initiative” has the same meaning as set forth in Section 12693.08 of the Insurance Code. (b) “Program” means the Adult Health Coverage Expansion Program. (c) “Small business” means an entity located in Santa Clara County that employs 50 or fewer persons, with at least 35 percent of the employees earning less than 350 percent of the federal poverty level for a family size of one, and that has not offered health care coverage to its employees for, at minimum, 12 consecutive months, provided that the provisions of any such prior coverage required the employer to contribute at least 50 percent of the total amount of the premium for that coverage. For purposes of the program authorized by this division, a small business shall be a “small employer” pursuant to Article 3.1 (commencing with Section 1357) of Chapter 2.2 of Division 2, subject to the provisions and exceptions of this division. Notwithstanding the company affiliation and tax filing provision of paragraph (1) of subdivision (l) of Section 1357, an individual franchise outlet shall be considered a small business. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  124. 13151.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. )

    Verify source ↗

    The State Fire Marshal must prepare and adopt regulations for the safe use of certain portable engine-driven pumps, following the Administrative Procedure Act.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. ) ## 13151. The State Fire Marshal shall prepare and adopt regulations in accordance with the provisions of the Administrative Procedure Act (commencing with Section 11340 of the Government Code), which in his or her judgment are designed to promote the safe use of portable internal combustion engine-driven pumps used for the transfer of flammable and combustible liquids. (Amended by Stats. 1983, Ch. 101, Sec. 113.)
  125. 131510.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 2. Administration [131510 - 131511] ( Chapter 2 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    The adult health coverage program may be implemented in Santa Clara County as a pilot program, with the local initiative administering it.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 2. Administration [131510 - 131511] ( Chapter 2 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131510. The program may be implemented in Santa Clara County at the option of the local initiative, but if so implemented shall be as a pilot program. A maximum of 5,000 employees may be covered in the county, provided, however, that the number of enrollees may be increased pursuant to the prior approval of the Department of Managed Health Care. The local initiative shall administer the program. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  126. 131511.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 2. Administration [131510 - 131511] ( Chapter 2 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    This section exempts the Santa Clara County local initiative from one cited requirement, but otherwise subjects the pilot program to specified managed health care rules and approval. It also limits denial or exclusion of eligible employees based on health conditions, with narrow exceptions, and lets an eligible small business choose renewal of coverage for all eligible employees.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 2. Administration [131510 - 131511] ( Chapter 2 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131511. (a) In implementing the pilot program established pursuant to this division, the local initiative in Santa Clara County shall not be subject to the requirements of subdivision (a) of Section 1357.03. The program shall be otherwise subject to the requirements of Chapter 2.2 (commencing with Section 1340) of Division 2, including Article 3.1 (commencing with Section 1357) thereof, except as otherwise provided in this division, and shall be subject to approval as to regulatory filings with the Department of Managed Health Care as prescribed in Chapter 2.2 (commencing with Section 1340) of Division 2 and in implementing regulations promulgated by the department. (b) Except in the case of a late enrollee or for satisfaction of a preexisting condition clause in the case of initial coverage for an eligible employee, the local initiative may not exclude any eligible employee who would otherwise be eligible for health care coverage under this division on the basis of an actual or expected health care condition. The local initiative may not limit or exclude coverage for any eligible employee by type of illness, treatment, medical condition, or accident, except for preexisting conditions as permitted under Section 1357.06. (c) Coverage provided through the program to an eligible small business shall be renewable with respect to all eligible employees at the option of the participating small business. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  127. 13152.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. )

    Verify source ↗

    Enforcement of this article must follow Sections 13145 and 13146 of the Health and Safety Code.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. ) ## 13152. The authority for the enforcement of the provisions of this article shall be in accordance with Sections 13145 and 13146, Health and Safety Code. (Added by renumbering Section 13182 by Stats. 1969, Ch. 39.)
  128. 131520.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 3. Eligibility [131520 - 131522] ( Chapter 3 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    An adult age 19 to 64 who works for a small business at least 20 hours a week may participate in the program if the income and employer-participation conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 3. Eligibility [131520 - 131522] ( Chapter 3 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131520. Notwithstanding subdivision (b) of Section 1357, only an adult age 19 to 64 years, inclusive, employed by a small business for a minimum of 20 hours per week is eligible to participate in the program if he or she has a gross annual income that is less than 350 percent of the federal poverty level for a family size of one, and his or her employer participates in the program. Dependents, spouses, and domestic partners of employees are not eligible for the program. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  129. 131521.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 3. Eligibility [131520 - 131522] ( Chapter 3 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    A small business may apply for program coverage for eligible employees, but it can qualify only if at least 50% of its employees meet the eligibility rules and at least 50% of those eligible employees choose coverage.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 3. Eligibility [131520 - 131522] ( Chapter 3 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131521. (a) A small business may apply to the local initiative that administers the program to obtain coverage for its employees who meet the requirements of Section 131520. (b) At least 50 percent of the employees of an otherwise eligible small business must meet the eligibility requirements of Section 131520, and at least 50 percent of those eligible employees must choose to receive coverage through the program in order for the small business to qualify to participate in the program. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  130. 131522.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 3. Eligibility [131520 - 131522] ( Chapter 3 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    The program must screen potential enrollees to see whether they meet Medi-Cal eligibility requirements.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 3. Eligibility [131520 - 131522] ( Chapter 3 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131522. The program shall screen potential enrollees to determine if they meet the eligibility requirements for the Medi-Cal program. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  131. 13153.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. )

    Verify source ↗

    A person, firm, or corporation must not use, allow, or direct the use of a portable internal combustion engine-driven pump for transferring flammable or combustible liquids unless the pump complies with State Fire Marshal regulations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [13150 - 13153] ( Heading of Article 3 renumbered from Article 4 by Stats. 1969, Ch. 39. ) ## 13153. No person, firm, or corporation shall use, permit, or instruct any other person to use or permit, any portable internal combustion engine-driven pump used for the transfer of any flammable or combustible liquids unless such pump conforms to the regulations adopted by the State Fire Marshal. (Amended by Stats. 1978, Ch. 868.)
  132. 131530.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 4. Benefits [131530 - 131531] ( Chapter 4 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    A local initiative that sets up a program must offer health care coverage through the program.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 4. Benefits [131530 - 131531] ( Chapter 4 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131530. The local initiative that establishes a program shall offer health care coverage through the program, and all health care services shall be provided to participants by a provider operated by the county or by a provider with whom or with which the county or the local initiative has contracted to provide health care services, except for emergency or out-of-area care or instances in which a required specialized service is not contracted for by the county or the local initiative. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  133. 131531.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 4. Benefits [131530 - 131531] ( Chapter 4 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    Health care services under the program for eligible employees must be substantially similar to Healthy Families Program benefits, and must include at least the basic health care services listed in the cited provisions.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 4. Benefits [131530 - 131531] ( Chapter 4 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131531. The health care services provided through the program to eligible employees shall, to the extent practicable, be substantially similar to the benefits offered to adults under the Healthy Families Program pursuant to Chapter 5 (commencing with Section 12693.60) of Part 6.2 of the Insurance Code, but shall include at least all of the basic health care services included in subdivision (b) of Section 1345 and in Section 1300.67 of Title 28 of the California Code of Regulations. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  134. 131540.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 5. Funding [131540 - 131541] ( Chapter 5 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    The local initiative sets contribution, premium, and copayment rules for the program, within stated monthly caps, and the county and local initiative must negotiate discounted provider rates.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 5. Funding [131540 - 131541] ( Chapter 5 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131540. (a) (1) The cost of the health care coverage provided through the program shall be paid through a combination of contributions paid by the small business, premiums paid by participating employees, and county, federal, state, or private sector funding made available for this purpose. (2) The local initiative may determine the amount of the employer contribution for each participating eligible employee, which shall not exceed one hundred fifty dollars ($150) per month, and the amount of the employee premium, which shall not exceed seventy-five dollars ($75) per month. The local initiative may adjust employer contribution and employee premium levels after the first year if necessary for changes in health care costs. (3) The local initiative may structure the required employee premium amounts according to a schedule that takes into account the individual employee’s age or income level, or both, in a manner similar, but not necessarily identical, to that described in Section 12693.43 of the Insurance Code, pertaining to the Healthy Families Program. (4) The local initiative shall establish copayment levels and amounts in a manner substantially similar to that described in Section 12693.615 of the Insurance Code, pertaining to the Healthy Families Program. (5) For purposes of the program, “applicable rate charged for a covered employee” in Section 1366.26 means the total premium amount paid to the health plan on behalf of an employee, including amounts paid by the small business on behalf of the employee, the premium paid by the employee, and any county, federal, state, or private sector funding, which funding shall include the value of the discounted rates negotiated pursuant to subdivision (b), as apportioned to the employee. The program shall submit to the Department of Managed Health Care the procedures the local initiative will use for purposes of establishing the rates to be paid by a person eligible for continuation coverage under Section 1366.26, and the department shall only approve those procedures if it determines that they are consistent with the requirements of the Cal-COBRA program. (b) In order to enhance the affordability of coverage offered through the program to eligible small businesses and employees, the county and the local initiative shall negotiate discounted rates for services provided to participants in the program by providers operated by the county or by providers with whom, or with which, the county has contracted to provide health care services. (Amended by Stats. 2008, Ch. 179, Sec. 164. Effective January 1, 2009.)
  135. 131541.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 5. Funding [131540 - 131541] ( Chapter 5 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    The local initiative may establish, join, or apply to public or private funding sources to help provide premium subsidies for eligible employees.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 5. Funding [131540 - 131541] ( Chapter 5 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131541. The local initiative shall be authorized to establish, participate in, or apply to funding sources in the public and private sectors for purposes of providing or securing premium subsidies for eligible employees, pursuant to fair and equitable procedures to be established by the local initiative. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  136. 13155.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

    Verify source ↗

    This section names the article the California Fire Service Training and Education Program Act.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13155. This article shall be known and may be cited as the California Fire Service Training and Education Program Act. (Added by Stats. 1977, Ch. 1248.)
  137. 131550.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 6. Evaluation [131550- 131550.] ( Chapter 6 added by Stats. 2007, Ch. 677, Sec. 2. )

    Verify source ↗

    The county and the local initiative must evaluate the pilot program after three years.

    ## Health and Safety Code - HSC ## DIVISION 113. THE ADULT HEALTH COVERAGE EXPANSION PROGRAM [131500 - 131550] ( Division 113 added by Stats. 2007, Ch. 677, Sec. 2. ) ## CHAPTER 6. Evaluation [131550- 131550.] ( Chapter 6 added by Stats. 2007, Ch. 677, Sec. 2. ) ## 131550. The county and the local initiative shall together evaluate the pilot program after three years, including all of the following: the number of individuals served, the demographics of the individuals served, the number of employees turned away due to the limitation on enrollment in Section 131510, the number of small businesses participating, the number of small businesses turned away due to the limitation on enrollment of individuals, funding sources (including employees, employers, county, state, federal, and other sources), and the health status of enrollees. (Added by Stats. 2007, Ch. 677, Sec. 2. Effective January 1, 2008.)
  138. 13156.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

    Verify source ↗

    This section states the purposes of the California Fire Service Training and Education Program.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13156. The Legislature finds and declares that the purposes of this article are as follows: (a) To reduce the costs in suffering and property loss resulting from fire through standardized fire training and education programs. (b) To provide professional fire service training and education programs to personnel in fire departments that rely extensively on volunteers. (c) To develop new methods and practices in the area of fire protection. (d) To disseminate information relative to fires, techniques of firefighters, and other related subjects to all interested agencies and individuals throughout the state. (e) To enhance the coordination of fire service training and education. (f) To develop a coordinated and standardized plan for the control of fires and the safety of firefighters where hazardous materials are involved. (Amended by Stats. 1983, Ch. 1313, Sec. 13.)
  139. 13157.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

    Verify source ↗

    This section establishes the California Fire Service Training and Education Program in the Office of the State Fire Marshal and gives the State Fire Marshal authority to manage it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13157. The California Fire Service Training and Education Program is hereby established in the Office of the State Fire Marshal. The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall carry out the management of the California Fire Service Training and Education Program and shall have the authority to do all of the following: (a) Promulgate and adopt rules and regulations necessary for implementation of the program. (b) Establish the courses of study and curriculum to be used in the program. (c) Establish prerequisites for the admission of personnel who attend courses offered in the program. (d) (1) Establish and collect admission fees and other fees that may be necessary to be charged for seminars, conferences, and specialized training given, consistent with the terms of paragraph (2). (2) The State Fire Marshal may establish and collect admission fees and other fees as described in paragraph (1) only to the extent that state appropriations from funding sources other than the California Fire and Arson Training Fund for those seminars, conferences, and specialized training are insufficient to cover the necessary costs of those seminars, conferences, and specialized training. (e) Collect those fees as may be established pursuant to subdivision (e) of Section 13159.8. (Amended by Stats. 2026, Ch. 62, Sec. 1. (SB 166) Effective July 6, 2026.)
  140. 13158.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The State Fire Marshal must hire a program manager and staff under civil service, and eligible Department of Education fire training personnel may transfer into the new program if they meet the job qualifications.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13158. The State Fire Marshal shall employ under civil service a program manager and staff as necessary to perform the functions for which the program has been established. All personnel of the State Fire Training Program with the Department of Education shall be eligible to transfer to appropriate positions in the California Fire Service Training and Education Program provided they meet the qualifications for those positions. (Amended by Stats. 1996, Ch. 332, Sec. 31. Effective January 1, 1997.)
  141. 13159.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The State Fire Marshal must carry out several fire service training and education responsibilities, with guidance from the State Board of Fire Services.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159. The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall have the following responsibilities: (a) To make fire service training and education programs, including training and education in the use of heavy rescue equipment, available on a voluntary basis to fire departments that rely extensively on volunteers. (b) Cooperate with the State Board of Fire Services in the development of a minimum standards program for fire service personnel and fire service instructors. (c) Assist and cooperate with State Board of Fire Services pursuant to Section 13142.4. (d) Verify that minimum curriculum requirements, facilities, and faculty standards for schools, seminars, or workshops operated by or for the state for the specific purpose of training fire service personnel are being met. (e) Make or encourage studies of any aspect of fire service training and education. (f) Determine the need for and recommend locations of regional training sites. (g) Develop a model plan or system for use by fire departments for the control of fires and the safety of firefighters where hazardous materials are involved. (h) Study the feasibility of establishing within the office of the State Fire Marshal, a depository of information on hazardous material characteristics for use by local fire departments and other entities that respond to emergencies. (Amended by Stats. 1984, Ch. 1574, Sec. 3.)
  142. 13159.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

    Verify source ↗

    The State Fire Marshal must set additional firefighter training standards and must contract with the California Firefighter Joint Apprenticeship Program for curriculum development.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159.1. (a) The State Fire Marshal shall establish additional training standards that include the criteria for curriculum content recommended by the Emergency Response Training Advisory Committee established pursuant to Section 8588.10 of the Government Code, involving the responsibilities of first responders to terrorism incidents and to address the training needs of those identified as first responders. (b) The State Fire Marshal shall contract with the California Firefighter Joint Apprenticeship Program for the development of curriculum content criteria specified in subdivision (a). (c) Every paid and volunteer firefighter assigned to field duties in a state or local fire department or fire protection or firefighting agency may receive the appropriate training described in this section. Pertinent training previously completed by any jurisdiction’s firefighters and meeting the training standards of this section may be submitted to the State Fire Marshal to assess its content and determine whether it meets the training requirements prescribed by the State Fire Marshal. (Amended by Stats. 2006, Ch. 803, Sec. 1. Effective January 1, 2007.)
  143. 13159.10.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. )

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    The California Fire and Arson Training Fund is established in the State Treasury, and revenue collected under Section 13159.8 must be deposited into it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. ) ## 13159.10. There is established in the State Treasury the California Fire and Arson Training Fund. All revenue collected pursuant to Section 13159.8 shall be paid into this fund and these moneys shall be available when appropriated by the Legislature for the office of the State Fire Marshal to carry out the provisions of this article. (Added by renumbering Section 13142.5 by Stats. 1988, Ch. 653, Sec. 3.)
  144. 13159.15.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The Division of Apprenticeship Standards and CAL-JAC must create and support a statewide firefighter preapprenticeship program, and fire protection agencies may use the program resources to set up local programs.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159.15. (a) The Division of Apprenticeship Standards, in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC), shall develop a statewide firefighter preapprenticeship program designed to recruit candidates from underrepresented groups. (b) The firefighter preapprenticeship program funded by the division shall meet both of the following objectives: (1) Create training and curriculum based on California firefighter standards designed to prepare candidates from underrepresented groups with the skills, competencies, and mentorship needed to pass the Candidate Physical Ability Test (CPAT), and the written tests and oral components common to the California hiring process that are necessary for a candidate to be eligible for consideration and hire with fire protection agencies. (2) Provide Emergency Medical Technician (EMT) Training to candidates from underrepresented groups, preparing them to meet the necessary minimum qualification required by the majority of fire protection agencies. (c) CAL-JAC shall deliver the pilot classes established through the preapprenticeship program using existing facilities and training models in order to minimize the costs of the program. CAL-JAC shall provide the preapprenticeship program model to fire protection agencies. That program may include curriculum, course set up and outlines staffing and equipment requirements, and recruitment strategies developed pursuant to this section. A protection fire agency may then use those resources to establish a local preapprenticeship program for recruiting candidates from underrepresented groups. (d) The Division of Apprenticeship Standards shall provide the oversight and technical assistance in the development of this preapprenticeship program. (e) For purposes of this section, “underrepresented groups” means groups that CAL-JAC determines are currently underrepresented in the firefighter profession. (Added by Stats. 2017, Ch. 344, Sec. 1. (AB 579) Effective September 28, 2017.)
  145. 13159.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The State Fire Marshal (SFM) may accept certain U.S. Department of Defense firefighter certifications as an alternative to the basic Firefighter I training and certification standards, and must use a verification process if the certification is not accompanied by an approved national certification.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159.2. (a) For purposes of this section, the State Fire Marshal shall be referred to as the SFM. (b) The SFM may accept certification by the United States Department of Defense as a firefighter as an alternative for the basic SFM training and certification standards for the position of Firefighter I of the California Fire Service Training and Education Program, if the United States Department of Defense certification is accompanied by a national certification or accreditation that has been approved by the SFM and that is based on the International Fire Service Accreditation Congress, Pro Board, or other accepted third-party certification standard. (c) If the United States Department of Defense certification is not accompanied by a national certification approved by the SFM, as described in subdivision (b), the SFM shall follow the verification process adopted pursuant to the authority provided in Sections 13157 and 13159. (Added by Stats. 2011, Ch. 215, Sec. 1. (AB 398) Effective January 1, 2012.)
  146. 13159.4.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The State Fire Marshal must review, revise as necessary, and administer the California Fire Service Training program, and must set priorities and approve spending for certain fire service training and education funds.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159.4. The State Fire Marshal shall annually review, revise as necessary, and administer the California Fire Service Training program, shall establish priorities for the use of state and federal fire service training and education funds applicable to statewide programs, other than those funds administered by the Department of Forestry and Fire Protection, and shall approve the expenditure of these funds in accordance with the established priorities. This section shall not restrict local entities from independently seeking and utilizing state and federal funds for local fire training and education needs. (Amended by Stats. 1992, Ch. 427, Sec. 98. Effective January 1, 1993.)
  147. 13159.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The State Fire Marshal must publish and update wildfire safety training and a compliant-products list, may certify certain qualified contractors, and may spend certain funds if the Legislature appropriates them.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159.5. (a) The Office of the State Fire Marshal shall develop and make available on its internet website a Wildland-Urban Interface Fire Safety Building Standards Compliance training intended for use in the training of local building officials, builders, and fire service personnel. This training shall be updated as changes are made to Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations, or any appropriate successor regulatory code, and shall include any pertinent mandates for emergency power backup, including, but not limited to, battery backup requirements for automatic garage door openers. (b) The Office of the State Fire Marshal may allow certification of contractors who conduct defensible space, home hardening, fuel reduction, roadside clearance, and other contracting activities for wildfire resiliency efforts and who have completed the training program developed pursuant to Section 4291.6 of the Public Resources Code or an equivalent program. (c) The Office of the State Fire Marshal shall develop and update on a regular basis a Wildland-Urban Interface Products listing of products and construction assemblies that comply with Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations, or any appropriate successor regulatory code, for products such as the following: (1) Exterior wall siding and sheathing. (2) Exterior windows, skylights, and doors. (3) Vents, including eave and cornice vents. (4) Decking. (5) Treated lumber and ignition-resistant materials. (6) Roofing materials. (7) Emergency battery power backup for automatic garage door openers. (d) In researching and developing the products listing and the educational and training provisions under this section, the Office of the State Fire Marshal is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon an appropriation by the Legislature, pursuant to Section 18931.7. (Amended by Stats. 2025, Ch. 767, Sec. 1. (SB 514) Effective January 1, 2026.)
  148. 13159.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. )

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    The State Fire Marshal must set additional training standards and coordinate curriculum development, and may share the curriculum criteria with the Emergency Medical Services Authority.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. California Fire Service Training and Education Program [13155 - 13159.6] ( Article 4 added by Stats. 1977, Ch. 1248. ) ## 13159.6. (a) The State Fire Marshal shall establish additional training standards that include the criteria for curriculum content recommended by the Statewide Training and Education Advisory Committee involving peer-to-peer suicide prevention programming. (b) The State Fire Marshal shall coordinate with the California Firefighter Joint Apprenticeship Program for the development and delivery of curriculum content criteria specified in subdivision (a). (c) All paid personnel assigned to field duties in a state or local fire department or fire protection or firefighting agency may receive the appropriate training described in this section. (d) The State Fire Marshal shall make the curriculum content criteria developed pursuant to this section available to the Emergency Medical Services Authority. (e) The implementation of this section is contingent upon an appropriation of funds in the annual Budget Act or another statute for purposes of this section. (Added by Stats. 2022, Ch. 575, Sec. 2. (AB 662) Effective January 1, 2023.)
  149. 13159.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. )

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    This article may be cited as the California Fire and Arson Training Act.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. ) ## 13159.7. This article shall be known and may be cited as the California Fire and Arson Training Act. (Added by Stats. 1988, Ch. 653, Sec. 1.)
  150. 13159.8.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. )

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    The State Fire Marshal must carry out several fire-training and examination functions, and may not charge fees for certain training classes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. ) ## 13159.8. The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall do all of the following: (a) Establish and validate recommended minimum standards for fire protection personnel and fire protection instructors at all career levels. (b) Develop course curricula for arson, fire technology, and apprenticeship training for use in academies, colleges, and other educational institutions. (c) Develop, validate, update, copyright, and maintain security over a complete series of promotional examinations based on the minimum standards established pursuant to subdivision (a). (d) Have the authority to make the examinations developed pursuant to subdivision (c) available to any agency of the state, to any political subdivision within the state, or to any other testing organization, as the State Fire Marshal deems appropriate. (e) (1) Establish any fees that are necessary to implement this section, consistent with the terms of paragraph (2). However, the State Fire Marshal shall not establish or collect any fees for training classes provided by the State Fire Marshal to fire protection personnel relating to state laws and regulations that local fire services are authorized or required to enforce. (2) The State Fire Marshal may establish fees pursuant to paragraph (1) only to the extent that state appropriations from funding sources other than the California Fire and Arson Training Fund for the purposes of implementing this section are insufficient to cover the necessary costs of implementing this section. (f) Promote, sponsor, and administer the California Fire Academy System. (g) Establish procedures for seeking, accepting, and administering gifts and grants for use in implementing the intents and purposes of the California Fire and Arson Training Act. (h) The recommended minimum standards established pursuant to subdivision (a) shall not apply to any agency of the state or any agency of any political subdivision within the state unless that agency elects to be subject to these standards. (Amended by Stats. 2026, Ch. 62, Sec. 2. (SB 166) Effective July 6, 2026.)
  151. 13159.9.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. )

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    The State Fire Marshal must help run the California Firefighter Joint Apprenticeship Program and may establish advisory committees or panels when needed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. California Fire and Arson Training Act [13159.7 - 13159.10] ( Article 5 added by Stats. 1988, Ch. 653, Sec. 1. ) ## 13159.9. The State Fire Marshal shall: (a) Jointly, with the California Professional Firefighters, promote participation in, sponsor, and administer the California Firefighter Joint Apprenticeship Program as the preemployment recruitment, selection, and training system to be utilized for entry level firefighters. (b) Establish advisory committees or panels, as necessary, to assist the State Fire Marshal in carrying out his or her function under this article. (Added by Stats. 1988, Ch. 653, Sec. 1.)
  152. 1316.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Health facilities must not discriminate among M.D., D.O., and D.P.M. degree holders when setting rules and staff privileges, and they must provide for podiatrists’ use of facilities subject to facility rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1316. (a) The rules of a health facility shall include provisions for use of the facility by, and staff privileges for, duly licensed podiatrists within the scope of their respective licensure, subject to rules and regulations governing such use or privileges established by the health facility. Such rules and regulations shall not discriminate on the basis of whether the staff member holds a M. D., D.O., or D.P.M. degree, within the scope of their respective licensure. Each health facility shall establish a staff comprised of physicians and surgeons, podiatrists, or any combination thereof, which shall regulate the admission, conduct suspension, or termination of the staff appointment of the podiatrists while using the facilities. No classification of health facilities by the state department, nor any other classification of health facilities based on quality of service or otherwise, by any person, body, or governmental agency of this state or any subdivision thereof shall be affected by a health facility’s provision for use of its facilities by duly licensed podiatrists, nor shall any such classification be affected by the subjection of the podiatrists, to the rules and regulations of a staff comprising podiatrists, physicians and surgeons, or any combination thereof, which govern the podiatrists’ use of the facilities. No classification of health facilities by any governmental agency of this state or any subdivision thereof pursuant to present law or laws passed hereinafter for the purposes of ascertaining eligibility for compensation, reimbursement, or other benefit for treatment of patients shall be affected by a health facility’s provision for use of its facilities by duly licensed podiatrists, nor shall any such classification be affected by the subjection of the podiatrists and dentists to the rules and regulations of a staff comprising podiatrists, physicians and surgeons, or any combination thereof, which govern the podiatrists’ use of the facilities. With regard to the practice of podiatry in health facilities throughout this state, medical staff status shall include and provide for the right to pursue and practice full clinical and surgical privileges for holders of M.D., D.O., and D. P.M. degrees within the scope of their respective licensure. Such rights and privileges shall be limited or restricted only upon the basis of an individual practitioner’s demonstrated competence. Such competence shall be determined by health facility rules, regulations, and procedures which are necessary and are applied in good faith, equally and in a nondiscriminatory manner, to all practitioners regardless of whether they hold a M.D., D.O., or D.P.M. degree. Nothing in this section shall be construed to require a health facility to offer a specific health service or services not otherwise offered. If a health service is offered, the facility shall not discriminate between persons holding M.D. , D.O., or D.P.M. degrees who are authorized by law to perform such services. This subdivision shall not prohibit a health facility which is a clinical teaching facility owned or operated by a university operating a school of medicine from requiring that a podiatrist have a faculty teaching appointment as a condition for eligibility for staff privileges for that facility. (b) The rules of a health facility which include provisions for use of the facility by, and staff privileges for, medical staff shall not discriminate on the basis of whether the staff member holds a M.D., D.O., or D.P.M. degree, within the scope of their respective licensure. The health facility staff processing, reviewing, evaluating, and determining qualifications for staff privileges for medical staff shall include, if possible, staff members that hold M.D., D.O., and D.P.M. degrees. (c) Any violation by a health facility of the provisions of this section may be enjoined in an action brought in the name of the people of the State of California by the district attorney of the county in which the health facility is located, upon receipt of a complaint by an aggrieved physician and surgeon or podiatrist. (Amended by Stats. 1977, Ch. 1214.)
  153. 1316.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    State-owned health facilities offering psychology services must adopt non-discriminatory medical staff rules for clinical psychologists, and certain psychologists have rights to pursue full clinical privileges.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1316.5. (a) (1) Each health facility owned and operated by the state offering care or services within the scope of practice of a psychologist shall establish rules and medical staff bylaws that include provisions for medical staff membership and clinical privileges for clinical psychologists within the scope of their licensure as psychologists, subject to the rules and medical staff bylaws governing medical staff membership or privileges as the facility shall establish. The rules and regulations shall not discriminate on the basis of whether the staff member holds an M.D., D.O., D.D.S., D.P.M., or doctoral degree in psychology within the scope of the member’s respective licensure. Each of these health facilities owned and operated by the state shall establish a staff comprised of physicians and surgeons, dentists, podiatrists, psychologists, or any combination thereof, that shall regulate the admission, conduct, suspension, or termination of the staff appointment of psychologists employed by the health facility. (2) With regard to the practice of psychology in health facilities owned and operated by the state offering care or services within the scope of practice of a psychologist, medical staff status shall include and provide for the right to pursue and practice full clinical privileges for holders of a doctoral degree of psychology within the scope of their respective licensure. These rights and privileges shall be limited or restricted only upon the basis of an individual practitioner’s demonstrated competence. Competence shall be determined by health facility rules and medical staff bylaws that are necessary and are applied in good faith, equally and in a nondiscriminatory manner, to all practitioners, regardless of whether they hold an M.D., D.O., D.D.S., D.P.M., or doctoral degree in psychology. (3) Nothing in this subdivision shall be construed to require a health facility owned and operated by the state to offer a specific health service or services not otherwise offered. If a health service is offered in such a health facility that includes provisions for medical staff membership and clinical privileges for clinical psychologists, the facility shall not discriminate between persons holding an M.D., D.O., D.D.S., D.P.M., or doctoral degree in psychology who are authorized by law to perform the service within the scope of the person’s respective licensure. (4) The rules and medical staff bylaws of a health facility owned and operated by the state that include provisions for medical staff membership and clinical privileges for medical staff and duly licensed clinical psychologists shall not discriminate on the basis of whether the staff member holds an M.D., D.O., D.D.S., D.P.M., or doctoral degree in psychology within the scope of the member’s respective licensure. The health facility staff of these health facilities who process, review, evaluate, and determine qualifications for staff privileges for medical staff shall include, if possible, staff members who are clinical psychologists. (b) (1) The rules of a health facility not owned or operated by this state may enable the appointment of clinical psychologists on the terms and conditions that the facility shall establish. In these health facilities, clinical psychologists may hold membership and serve on committees of the medical staff and carry professional responsibilities consistent with the scope of their licensure and their competence, subject to the rules of the health facility. (2) Nothing in this subdivision shall be construed to require a health facility not owned or operated by this state to offer a specific health service or services not otherwise offered. If a health service is offered by a health facility with both licensed physicians and surgeons and clinical psychologists on the medical staff, which both licensed physicians and surgeons and clinical psychologists are authorized by law to perform, the service may be performed by either, without discrimination. (3) This subdivision shall not prohibit a health facility that is a clinical teaching facility owned or operated by a university operating a school of medicine from requiring that a clinical psychologist have a faculty teaching appointment as a condition for eligibility for staff privileges at that facility. (4) In any health facility that is not owned or operated by this state that provides staff privileges to clinical psychologists, the health facility staff who process, review, evaluate, and determine qualifications for staff privileges for medical staff shall include, if possible, staff members who are clinical psychologists. (c) No classification of health facilities by the department, nor any other classification of health facilities based on quality of service or otherwise, by any person, body, or governmental agency of this state or any subdivision thereof shall be affected by a health facility’s provision for use of its facilities by duly licensed clinical psychologists, nor shall any classification of these facilities be affected by the subjection of the psychologists to the rules and regulations of the organized professional staff. No classification of health facilities by any governmental agency of this state or any subdivision thereof pursuant to any law, whether enacted prior or subsequent to the effective date of this section, for the purposes of ascertaining eligibility for compensation, reimbursement, or other benefit for treatment of patients shall be affected by a health facility’s provision for use of its facilities by duly licensed clinical psychologists, nor shall any classification of these facilities be affected by the subjection of the psychologists to the rules and regulations of the organized professional staff which govern the psychologists’ use of the facilities. (d) “Clinical psychologist,” as used in this section, means a psychologist licensed by this state who meets both of the following requirements: (1) Possesses an earned doctorate degree in psychology from an educational institution meeting the criteria of subdivision (b) of Section 2914 of the Business and Professions Code. (2) Has not less than two years clinical experience in a multidisciplinary facility licensed or operated by this or another state or by the United States to provide health care, or, is listed in the latest edition of the National Register of Health Service Providers in Psychology, as adopted by the Council for the National Register of Health Service Providers in Psychology. (e) Nothing in this section is intended to expand the scope of licensure of clinical psychologists. Notwithstanding the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code), the Public Employment Relations Board is precluded from creating any additional bargaining units for the purpose of exclusive representation of state psychologist employees that might result because of medical staff membership and/or privilege changes for psychologists due to the enactment of provisions by Assembly Bill No. 3141 of the 1995–96 Regular Session. (Amended by Stats. 2012, Ch. 24, Sec. 13. (AB 1470) Effective June 27, 2012.)
  154. 1316.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A health facility may limit, restrict, or revoke privileges if a practitioner violates the facility’s rules, regulations, or procedures, as long as they are applied in good faith and nondiscriminatorily.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1316.6. Notwithstanding any other provision of this chapter, the exercise of privileges in any health facility may be limited, restricted, or revoked for the violation of such health facility’s rules, regulations, or procedures which are applied, in good faith, in a nondiscriminatory manner to all practitioners in such health facility exercising such privileges or entitled to exercise such privileges. (Added by Stats. 1978, Ch. 116.)
  155. 1316.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Health care providers must offer adult primary-care patients hepatitis B and hepatitis C screening tests, unless a listed exception applies, and must provide or refer for follow-up care when tests are positive.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1316.7. (a) An adult patient who receives primary care services in a facility, clinic, unlicensed clinic, center, office, or other setting where primary care services are provided, shall be offered a hepatitis B screening test and a hepatitis C screening test, to the extent these services are covered under the patient’s health insurance, based on the latest screening indications recommended by the United States Preventive Services Task Force, unless the health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency. (2) (A) The patient has previously been offered or has been the subject of a hepatitis B screening test or hepatitis C screening test. (B) This paragraph does not apply if the health care provider determines that one or both of the screening tests should be offered again. (3) The patient lacks capacity to consent to a hepatitis B screening test or hepatitis C screening test, or both. (4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250. (b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. (2) If a patient accepts the offer of the hepatitis C screening test and the test is positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA). (c) The offering of a hepatitis B screening test and hepatitis C screening test under this section shall be culturally and linguistically appropriate. (d) This section shall not affect the scope of practice of any health care provider or diminish any authority or legal or professional obligation of any health care provider to offer a hepatitis B screening test, hepatitis C screening test, or both, or a hepatitis C diagnostic test, or to provide services or care for the patient of a hepatitis B screening test, hepatitis C screening test, or both, or a hepatitis C diagnostic test. (e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care provider’s failure to comply with the requirements of this section. (f) For purposes of this section, the following definitions apply: (1) “Followup health care” includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases. (2) “Hepatitis B screening test” includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection. (3) “Hepatitis C diagnostic test” includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection. (4) “Hepatitis C screening test” includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus. (Added by Stats. 2021, Ch. 470, Sec. 1. (AB 789) Effective January 1, 2022.)
  156. 13160.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 1. General Provisions [13160 - 13162] ( Article 1 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal must adopt and administer regulations and standards for portable fire extinguishers.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 1. General Provisions [13160 - 13162] ( Article 1 added by Stats. 1968, Ch. 802. ) ## 13160. With the advice of the State Fire Advisory Board, the State Fire Marshal shall adopt, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and administer regulations and standards as he or she may deem necessary for the protection and preservation of life and property to control the servicing, including charging, and testing, of all portable fire extinguishers for controlling and extinguishing fires, and for controlling the sale and marketing of all such devices with respect to conformance with standards of their use, capacity, and effectiveness. In adopting the regulations, the State Fire Marshal shall consider the standards of the National Fire Protection Association. (Amended by Stats. 1983, Ch. 101, Sec. 114.)
  157. 13161.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 1. General Provisions [13160 - 13162] ( Article 1 added by Stats. 1968, Ch. 802. )

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    Local governments may not adopt or enforce portable-fire-extinguisher rules that conflict with this chapter or State Fire Marshal regulations and standards.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 1. General Provisions [13160 - 13162] ( Article 1 added by Stats. 1968, Ch. 802. ) ## 13161. It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and standards adopted by the State Fire Marshal pursuant to this chapter shall apply uniformly throughout the State of California and no county, city, city or county or district shall adopt or enforce any ordinance or rule or regulation regarding portable fire extinguishers which is inconsistent with the provisions of this chapter or the regulations and standards adopted by the State Fire Marshal pursuant to this chapter. (Repealed and added by Stats. 1968, Ch. 802.)
  158. 13162.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 1. General Provisions [13160 - 13162] ( Article 1 added by Stats. 1968, Ch. 802. )

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    Portable fire extinguishers may not be marketed, distributed, or sold in this state unless they meet the listed compliance, labeling, and ingredient restrictions.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 1. General Provisions [13160 - 13162] ( Article 1 added by Stats. 1968, Ch. 802. ) ## 13162. No person shall market, distribute, or sell any portable fire extinguisher in this state unless it meets the following requirements: (a) It complies with regulations and standards adopted by the State Fire Marshal pursuant to Section 13160. (b) It has been examined by and bears the label of Underwriters’ Laboratories Inc. or another testing laboratory which is approved by the State Fire Marshal as qualified to test portable fire extinguishers. Any testing laboratory approved by the State Fire Marshal shall have facilities, personnel, and operating procedures equivalent to those of the Underwriters’ Laboratories Inc. (c) It does not use as an extinguishing agent any carbon tetrachloride, chlorbromomethane, or methyl bromide. The State Fire Marshal may grant reasonable exceptions to this subdivision when the extinguisher is intended for industrial use in places to which the public is not invited or admitted. The provisions of this section apply to the state and any political subdivision thereof. (Amended by Stats. 1979, Ch. 267.)
  159. 13163.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    A person may not service, charge, or test portable fire extinguishers for pay or as a business unless licensed by the State Fire Marshal under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13163. No person shall engage in the business of, nor perform for a fee, the servicing, charging, or testing of portable fire extinguishers without a license issued by the State Fire Marshal pursuant to this chapter expressly authorizing such person to perform such acts. (Repealed and added by Stats. 1968, Ch. 802.)
  160. 13164.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    Applicants for a portable fire extinguisher business license must file a written application with the State Fire Marshal, pay the required fees, and include required signatures and inspection authorization.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13164. Application for a license to engage in the business of, or perform for a fee, the servicing, charging, or testing of portable fire extinguishers shall be made in writing to the State Fire Marshal on forms provided by him and shall be accompanied by the fees prescribed in this chapter. A separate application for license shall be made for each separate place of business location of the applicant for license. The application shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner. If the application is made by a corporation or association other than a partnership, it shall be signed by the principal officer thereof and, in the case of applications by corporations, bear the seal of the corporation. The application shall also include written authorization by the applicant permitting the State Fire Marshal and any of his properly authorized employees to enter, examine and inspect any premises, building, room, or establishment used by the applicant in servicing, charging, or testing portable fire extinguishers to determine compliance with the provisions of this chapter and the regulations and standards adopted by the State Fire Marshal pursuant to Section 13160. (Repealed and added by Stats. 1968, Ch. 802.)
  161. 13165.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal must issue a license after receiving a properly completed application and prescribed fees, and after compliance with this part and related regulations is met.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13165. Following receipt of the properly completed application and prescribed fees, and compliance with the provisions of this part and the regulations adopted pursuant to Section 13160, the State Fire Marshal shall issue a license. (Repealed and added by Stats. 1968, Ch. 802.)
  162. 13166.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    Original licenses last from issuance until December 31 of the year issued, and renewals are valid each year from January 1 through December 31.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13166. Original licenses shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each license shall be renewed annually and renewals thereof shall be valid from January 1st through December 31st. (Repealed and added by Stats. 1968, Ch. 802.)
  163. 13167.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    A license renewal application must be filed by November 1 of the year the current license expires, in writing, on State Fire Marshal forms, and with the prescribed fees.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13167. Application for renewal shall be made on or before November 1st of the year in which the current license expires. Application for renewal shall be made in writing on forms provided by the State Fire Marshal and shall be accompanied by the prescribed fees. (Repealed and added by Stats. 1968, Ch. 802.)
  164. 13168.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal may refuse to renew a license, and the applicant gets the same rights as when an original license is denied.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13168. The State Fire Marshal may refuse to renew any license in the same manner and for any reason that he is authorized pursuant to Article 4 (commencing with Section 13185) of this chapter to deny an original license. The applicant shall, upon such refusal, have the same rights as are granted by Article 4 of the chapter to an applicant for an original license which has been denied by the State Fire Marshal. (Repealed and added by Stats. 1968, Ch. 802.)
  165. 13169.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

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    Every licensee must give the State Fire Marshal written notice of any address change within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13169. Every licensee shall notify the State Fire Marshal at his Sacramento office in writing within 15 days of any change of his address. (Repealed and added by Stats. 1968, Ch. 802.)
  166. 1317.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Licensed health facilities with emergency departments must provide emergency care to people who need it, without screening for ability to pay, and must not discriminate in providing that care except when a medically significant factor affects treatment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317. (a) Emergency services and care shall be provided to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at any health facility licensed under this chapter that maintains and operates an emergency department to provide emergency services to the public when the health facility has appropriate facilities and qualified personnel available to provide the services or care. (b) In no event shall the provision of emergency services and care be based upon, or affected by, the person’s ethnicity, citizenship, age, preexisting medical condition, insurance status, economic status, ability to pay for medical services, or any other characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental disability is medically significant to the provision of appropriate medical care to the patient. (c) Neither the health facility, its employees, nor any physician and surgeon, dentist, clinical psychologist, or podiatrist shall be liable in any action arising out of a refusal to render emergency services or care if the refusal is based on the determination, exercising reasonable care, that the person is not suffering from an emergency medical condition, or that the health facility does not have the appropriate facilities or qualified personnel available to render those services. (d) Emergency services and care shall be rendered without first questioning the patient or any other person as to his or her ability to pay therefor. However, the patient or his or her legally responsible relative or guardian shall execute an agreement to pay therefor or otherwise supply insurance or credit information promptly after the services are rendered. (e) If a health facility subject to this chapter does not maintain an emergency department, its employees shall nevertheless exercise reasonable care to determine whether an emergency exists and shall direct the persons seeking emergency care to a nearby facility that can render the needed services, and shall assist the persons seeking emergency care in obtaining the services, including transportation services, in every way reasonable under the circumstances. (f) A general acute care hospital or acute psychiatric hospital shall not require a person who voluntarily seeks care to be in custody pursuant to Section 5150 of the Welfare and Institutions Code as a condition of accepting a transfer of that person after his or her written consent for treatment and transfer is documented or in the absence of evidence of probable cause for detention, as defined in Section 5150.05 of the Welfare and Institutions Code. (g) An act or omission of a rescue team established by a health facility licensed under this chapter, or operated by the federal or state government, a county, or by the Regents of the University of California, done or omitted while attempting to resuscitate a person who is in immediate danger of loss of life shall not impose any liability upon the health facility, the officers, members of the staff, nurses, or employees of the health facility, including, but not limited to, the members of the rescue team, or upon the federal or state government or a county, if good faith is exercised. (h) “Rescue team,” as used in this section, means a special group of physicians and surgeons, nurses, and employees of a health facility who have been trained in cardiopulmonary resuscitation and have been designated by the health facility to attempt, in cases of emergency, to resuscitate persons who are in immediate danger of loss of life. (i) This section does not relieve a health facility of any duty otherwise imposed by law upon the health facility for the designation and training of members of a rescue team or for the provision or maintenance of equipment to be used by a rescue team. (Amended by Stats. 2018, Ch. 831, Sec. 1. (AB 2983) Effective January 1, 2019.)
  167. 1317.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    This section defines key terms used for emergency medical services and related hospital transfer rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.1. Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4: (a) (1) “Emergency services and care” means medical screening, examination, and evaluation by a physician and surgeon, or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that person’s license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility. (2) (A) “Emergency services and care” also means an additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, within the capability of the facility. (B) The care and treatment necessary to relieve or eliminate a psychiatric emergency medical condition may include admission or transfer to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or to an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, pursuant to subdivision (k). This subparagraph does not permit a transfer that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), or the federal Emergency Medical Treatment and Labor Act (Section 1395dd of Title 42 of the United States Code). (C) For the purposes of Section 1371.4, emergency services and care as defined in subparagraph (A) shall not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that those services are excluded from coverage under those contracts. (D) This paragraph does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel. (b) “Emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in any of the following: (1) Placing the patient’s health in serious jeopardy. (2) Serious impairment to bodily functions. (3) Serious dysfunction of any bodily organ or part. (c) “Active labor” means a labor at a time at which either of the following would occur: (1) There is inadequate time to effect safe transfer to another hospital prior to delivery. (2) A transfer may pose a threat to the health and safety of the patient or the fetus. (d) “Hospital” means all hospitals with an emergency department licensed by the state department. (e) “State department” means the State Department of Public Health. (f) “Medical hazard” means a material deterioration in medical condition in, or jeopardy to, a patient’s medical condition or expected chances for recovery. (g) “Board” means the Medical Board of California. (h) “Within the capability of the facility” means those capabilities that the hospital is required to have as a condition of its emergency medical services permit and services specified on Services Inventory Form 7041 filed by the hospital with the Department of Health Care Access and Information. (i) “Consultation” means the rendering of an opinion or advice, prescribing treatment, or the rendering of a decision regarding hospitalization or transfer by telephone or other means of communication. When determined to be medically necessary, jointly by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure, under the supervision of a physician and surgeon, and the consulting physician and surgeon, “consultation” includes review of the patient’s medical record, examination, and treatment of the patient in person by a consulting physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a consulting physician and surgeon, who is qualified to give an opinion or render the necessary treatment in order to stabilize the patient. A request for consultation shall be made by the treating physician and surgeon, or by other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, provided the request is made with the contemporaneous approval of the treating physician and surgeon. The treating physician and surgeon may request to communicate directly with the consulting physician and surgeon, and when determined to be medically necessary, jointly by the treating physician and surgeon and the consulting physician and surgeon, the consulting physician and surgeon shall examine and treat the patient in person. The consulting physician and surgeon is ultimately responsible for providing the necessary consultation to the patient, regardless of who makes the in-person appearance. (j) A patient is “stabilized” or “stabilization” has occurred when, in the opinion of the treating physician and surgeon, or other appropriate licensed persons acting within their scope of licensure under the supervision of a treating physician and surgeon, the patient’s medical condition is such that, within reasonable medical probability, no material deterioration of the patient’s condition is likely to result from, or occur during, the release or transfer of the patient as provided for in Section 1317.2, Section 1317.2a, or other pertinent statute. (k) (1) “Psychiatric emergency medical condition” means a mental health disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following, regardless of whether the patient is voluntary or involuntarily detained for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code): (A) An immediate danger to themselves or to others. (B) Immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental health disorder. (2) This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel. (l) This section does not expand the scope of licensure for licensed persons providing services pursuant to this section. (m) This section does not require a transfer or admission that is in conflict with the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) or with the requirements of the federal Emergency Medical Treatment and Labor Act (42 U.S.C. Sec. 1395dd). (Amended by Stats. 2024, Ch. 632, Sec. 1. (AB 1316) Effective January 1, 2025.)
  168. 1317.10.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Stanford Hospital and Clinics and Lucile Packard Children’s Hospital at Stanford are treated as one licensed facility for certain emergency labor-related care if listed conditions are met, and the patient may refuse transfer.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.10. Notwithstanding Sections 1317 and 1317.2, Stanford Hospital and Clinics and Lucile Packard Children’s Hospital at Stanford shall be treated as a single licensed facility for purposes of providing emergency services and care to patients with conditions related to active labor presenting to the emergency department at Stanford Hospital and Clinics if all of the following conditions are met: (a) The two hospitals have entered into an agreement in which Lucile Packard Children’s Hospital at Stanford accepts and provides emergency services and care to all patients who are in active labor presenting to the emergency department at Stanford Hospital and Clinics, without regard to insurance status, financial status, or other nonclinical factors. (b) A physician and surgeon, qualified emergency department registered nurse, or other appropriately licensed personnel under the supervision of a physician and surgeon determines, prior to the transfer, that the patient has signs or symptoms, or both, suggestive of active labor, the patient can be safely transferred from the emergency department at Stanford Hospital and Clinics to the labor and delivery department of Lucile Packard Children’s Hospital at Stanford, and the patient does not have a condition, illness, or injury more appropriately treated in the emergency department. (c) The patient has the right to refuse the transfer. (d) Each hospital has a prepared plan to promptly transport the patient with an employee escort who has specialized training in transporting women in labor. (Added by Stats. 2012, Ch. 18, Sec. 2. (SB 630) Effective June 15, 2012.)
  169. 1317.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A hospital generally may not transfer a patient needing emergency services and care to another hospital for a nonmedical reason unless listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.2. A person needing emergency services and care shall not be transferred from a hospital to another hospital for any nonmedical reason (such as the person’s inability to pay for any emergency service or care) unless each of the following conditions are met: (a) The person is examined and evaluated by a physician and surgeon, including, if necessary, consultation, prior to transfer. (b) The person has been provided with emergency services and care so that it can be determined, within reasonable medical probability, that the transfer or delay caused by the transfer will not create a medical hazard to the person. (c) A physician and surgeon at the transferring hospital has notified and has obtained the consent to the transfer by a physician and surgeon at the receiving hospital and confirmation by the receiving hospital that the person meets the hospital’s admissions criteria relating to appropriate bed, personnel, and equipment necessary to treat the person. (d) The transferring hospital provides for appropriate personnel and equipment that a reasonable and prudent physician and surgeon in the same or similar locality exercising ordinary care would use to effect the transfer. (e) All of the person’s pertinent medical records and copies of all the appropriate diagnostic test results that are reasonably available are transferred with the person. (f) The records transferred with the person include a “Transfer Summary” signed by the transferring physician and surgeon that contains relevant transfer information. The form of the “Transfer Summary” shall, at a minimum, contain the person’s name, address, sex, race, age, insurance status, and medical condition; the name and address of the transferring physician and surgeon or emergency department personnel authorizing the transfer; the time and date the person was first presented at the transferring hospital; the name of the physician and surgeon at the receiving hospital consenting to the transfer and the time and date of the consent; the time and date of the transfer; the reason for the transfer; and the declaration of the signor that the signor is assured, within reasonable medical probability, that the transfer creates no medical hazard to the patient. Neither the transferring physician and surgeon nor transferring hospital shall be required to duplicate, in the “Transfer Summary,” information contained in medical records transferred with the person. (g) The transfer conforms with regulations established by the state department. These regulations may prescribe minimum protocols for patient transfers. (h) The patient shall be asked if there is a preferred contact person to be notified and, prior to the transfer, the hospital shall make a reasonable attempt to contact that person and alert him or her about the proposed transfer, in accordance with subdivision (b) of Section 56.1007 of the Civil Code. If the patient is not able to respond, the hospital shall make a reasonable effort to ascertain the identity of the preferred contact person or the next of kin and alert him or her about the transfer, in accordance with subdivision (b) of Section 56.1007 of the Civil Code. The hospital shall document in the patient’s medical record any attempts to contact a preferred contact person or next of kin. (i) This section shall not apply to a transfer of a patient for medical reasons. (j) This section shall not prohibit the transfer or discharge of a patient when the patient or the patient’s representative requests a transfer or discharge and gives informed consent to the transfer or discharge against medical advice. (Amended by Stats. 2013, Ch. 711, Sec. 1. (AB 974) Effective January 1, 2014.)
  170. 1317.2a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Hospitals with a legal duty to provide care must receive certain patients or make arrangements for their care; county hospitals have a similar acceptance duty with exceptions, and third-party payers may be liable for emergency service charges.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.2a. (a) A hospital that has a legal obligation, whether imposed by statute or by contract, to the extent of that contractual obligation, to any third-party payer, including, but not limited to, a health maintenance organization, health care service plan, nonprofit hospital service plan, insurer, or preferred provider organization, a county, or an employer to provide care for a patient under the circumstances specified in Section 1317.2 shall receive that patient to the extent required by the applicable statute or by the terms of the contract, or, when the hospital is unable to accept a patient for whom it has a legal obligation to provide care whose transfer will not create a medical hazard as specified in Section 1317.2, it shall make appropriate arrangements for the patient’s care. (b) A county hospital shall accept a patient whose transfer will not create a medical hazard as specified in Section 1317.2 and who is determined by the county to be eligible to receive health care services required under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, unless the hospital does not have appropriate bed capacity, medical personnel, or equipment required to provide care to the patient in accordance with accepted medical practice. When a county hospital is unable to accept a patient whose transfer will not create a medical hazard as specified in Section 1317.2, it shall make appropriate arrangements for the patient’s care. The obligation to make appropriate arrangements as set forth in this subdivision does not mandate a level of service or payment, modify the county’s obligations under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, create a cause of action, or limit a county’s flexibility to manage county health systems within available resources. However, the county’s flexibility shall not diminish a county’s responsibilities under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code or the requirements contained in Chapter 2.5 (commencing with Section 1440). (c) The receiving hospital shall provide personnel and equipment reasonably required in the exercise of good medical practice for the care of the transferred patient. (d) Any third-party payer, including, but not limited to, a health maintenance organization, health care service plan, nonprofit hospital service plan, insurer, or preferred provider organization, or employer that has a statutory or contractual obligation to provide or indemnify emergency medical services on behalf of a patient shall be liable, to the extent of the statutory or contractual obligation to the patient, for the reasonable charges of the transferring hospital and the treating physicians for the emergency services provided pursuant to this article, except that the patient shall be responsible for uncovered services, or any deductible or copayment obligation. Notwithstanding this section, the liability of a third-party payer that has contracted with health care providers for the provision of these emergency services shall be set by the terms of that contract. Notwithstanding this section, the liability of a third-party payer that is licensed by the Insurance Commissioner or the Director of the Department of Managed Health Care and has a contractual obligation to provide or indemnify emergency medical services under a contract that covers a subscriber or an enrollee shall be determined in accordance with the terms of that contract and shall remain under the sole jurisdiction of that licensing agency. (e) A hospital that has a legal obligation to provide care for a patient as specified by subdivision (a) of Section 1317.2a to the extent of its legal obligation, imposed by statute or by contract to the extent of that contractual obligation, which does not accept transfers of, or make other appropriate arrangements for, medically stable patients in violation of this article or regulations adopted pursuant thereto shall be liable for the reasonable charges of the transferring hospital and treating physicians for providing services and care that should have been provided by the receiving hospital. (f) Subdivisions (d) and (e) do not apply to county obligations under Section 17000 of the Welfare and Institutions Code. (g) This section does not require a hospital to make arrangements for the care of a patient for whom the hospital does not have a legal obligation to provide care. (Amended by Stats. 2025, Ch. 67, Sec. 114. (AB 1170) Effective January 1, 2026.)
  171. 1317.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Hospitals must adopt anti-discrimination emergency care policies, set transfer protocols, give required notices, and submit those policies and protocols to the state department for approval by December 31, 1988.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.3. (a) As a condition of licensure, each hospital shall adopt, in consultation with the medical staff, policies and transfer protocols consistent with this article and regulations adopted hereunder. (b) As a condition of licensure, each hospital shall adopt a policy prohibiting discrimination in the provision of emergency services and care based on ethnicity, citizenship, age, preexisting medical condition, insurance status, economic status, ability to pay for medical services, or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental disability is medically significant to the provision of appropriate medical care to the patient. Transfer by a hospital of a patient who requires evaluation for involuntary psychiatric treatment, as determined by the receiving hospital or other receiving health facility, based upon the decision of a professional person duly authorized by law to make that decision, shall not constitute discrimination for the purposes of this section, if the transferring hospital has not been designated as an evaluation facility by a county pursuant to Section 5150 of the Welfare and Institutions Code, and if the transfer is in compliance with Section 1317.2. (c) As a condition of licensure, each hospital shall require that physicians and surgeons who serve on an “on-call” basis to the hospital’s emergency room cannot refuse to respond to a call on the basis of the patient’s ethnicity, citizenship, age, preexisting medical condition, insurance status, economic status, ability to pay for medical services, or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental disability is medically significant to the provision of appropriate medical care to the patient. If a contract between a physician and surgeon and hospital for the provision of emergency room coverage presently prevents the hospital from imposing those conditions, the conditions shall be included in the contract as soon as is legally permissible. Nothing in this section shall be construed as requiring that any physician serve on an “on-call” basis. (d) As a condition of licensure, all hospitals shall inform all persons presented to an emergency room or their representatives if any are present and the person is unable to understand verbal or written communication, both orally and in writing, of the reasons for the transfer or refusal to provide emergency services and care and of the person’s right to emergency services and care prior to transfer or discharge without regard to ability to pay. Nothing in this subdivision requires notification of the reasons for the transfer in advance of the transfer where a person is unaccompanied and the hospital has made a reasonable effort to locate a representative, and because of the person’s physical or mental condition, notification is not possible. All hospitals shall prominently post a sign in their emergency rooms informing the public of their rights. Both the posted sign and written communication concerning the transfer or refusal to provide emergency services and care shall give the address of the department as the government agency to contact in the event the person wishes to complain about the hospital’s conduct. (e) If a hospital does not timely adopt the policies and protocols required in this article, the hospital, in addition to denial or revocation of any of its licenses, shall be subject to a fine not to exceed one thousand dollars ($1,000) each day after expiration of 60 days’ written notice from the state department that the hospital’s policies or protocols required by this article are inadequate unless the delay is excused by the state department upon a showing of good and sufficient cause by the hospital. The notice shall include a detailed statement of the state department’s reasons for its determination and suggested changes to the hospital’s protocols which would be acceptable to the state department. (f) Each hospital’s policies and protocols required in or under this article shall be submitted for approval to the state department by December 31, 1988. (Amended by Stats. 2007, Ch. 568, Sec. 38. Effective January 1, 2008.)
  172. 1317.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Hospitals must keep transfer records, file annual transfer reports, and report known apparent violations in specified cases; retaliation for good-faith reporting or medically justified refusal to transfer is prohibited.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.4. (a) All hospitals shall maintain records of each transfer made or received, including the “Memorandum of Transfer” described in subdivision (f) of Section 1317.2, for a period of three years. (b) All hospitals making or receiving transfers shall file with the state department annual reports on forms prescribed by the department which shall describe the aggregate number of transfers made and received according to the person’s insurance status and reasons for transfers. (c) The receiving hospital, and all physicians, other licensed emergency room health personnel, and certified prehospital emergency personnel at the receiving hospital who know of apparent violations of this article or the regulations adopted hereunder shall, and the corresponding personnel at the transferring hospital and the transferring hospital may, report the apparent violations to the state department on a form prescribed by the state department within one week following its occurrence. The state department shall promptly send a copy of the form to the hospital administrator and appropriate medical staff committee of the transferring hospital and the local emergency medical services agency, unless the state department concludes that the complaint does not allege facts requiring further investigation, or is otherwise unmeritorious, or the state department concludes, based upon the circumstances of the case, that its investigation of the allegations would be impeded by disclosure of the form. When two or more persons required to report jointly have knowledge of an apparent violation, a single report may be made by a member of the team selected by mutual agreement in accordance with hospital protocols. Any individual, required to report by this section, who disagrees with the proposed joint report has a right and duty to separately report. A failure to report under this subdivision shall not constitute a violation within the meaning of Section 1290 or 1317.6. (d) No hospital, government agency, or person shall retaliate against, penalize, institute a civil action against, or recover monetary relief from, or otherwise cause any injury to a physician or other personnel for reporting in good faith an apparent violation of this article or the regulations adopted hereunder to the state department, hospital, medical staff, or any other interested party or government agency. (e) No hospital, government agency, or person shall retaliate against, penalize, institute a civil action against, or recover monetary relief from, or otherwise cause any injury to a physician who refused to transfer a patient when the physician determines, within reasonable medical probability, that the transfer or delay caused by the transfer will create a medical hazard to the person. (f) Any person who violates subdivision (d) or (e) of Section 1317.4 is subject to a civil money penalty of no more than ten thousand dollars ($10,000) per violation. The remedy specified in this section shall be in addition to any other remedy provided by law. (g) The state department shall on an annual basis publish and provide to the Legislature a statistical summary by county on the extent of economic transfers of emergency patients, the frequency of medically hazardous transfers, the insurance status of the patient populations being transferred and all violations finally determined by the state department describing the nature of the violations, hospitals involved, and the action taken by the state department in response. These summaries shall not reveal the identity of individual persons transferred. (h) Proceedings by the state department to impose a fine under Section 1317.3 or 1317.6, and proceedings by the board to impose a fine under Section 1317.6, shall be conducted as follows: (1) If a hospital desires to contest a proposed fine, the hospital shall within 15 business days after service of the notice of proposed fine notify the director in writing of its intention to contest the proposed fine. If requested by the hospital, the director or the director’s designee, shall hold, within 30 business days, an informal conference, at the conclusion of which he or she may affirm, modify, or dismiss the proposed fine. If the director or the director’s designee affirms, modifies, or dismisses the proposed fine, he or she shall state with particularity in writing his or her reasons for that action, and shall immediately transmit a copy thereof to the hospital. If the hospital desires to contest a determination made after the informal conference, the hospital shall inform the director in writing within 15 business days after it receives the decision by the director or director’s designee. The hospital shall not be required to request an informal conference to contest a proposed fine, as specified in this section. If the hospital fails to notify the director in writing that it intends to protest the proposed fine within the times specified in this subdivision, the proposed fine shall be deemed a final order of the state department and shall not be subject to further administrative review. (2) If a hospital notifies the director that it intends to contest a proposed fine, the director shall immediately notify the Attorney General. Upon notification, the Attorney General shall promptly take all appropriate action to enforce the proposed fine in a court of competent jurisdiction for the county in which the hospital is located. (3) A judicial action to enforce a proposed fine shall be filed by the Attorney General after a hospital notifies the director of its intent to contest the proposed fine. If a judicial proceeding is prosecuted under the provisions of this section, the state department shall have the burden of establishing by a preponderance of the evidence that the alleged facts supporting the proposed fine occurred, that the alleged facts constituted a violation for which a fine may be assessed under Section 1317.3, 1317.4, or 1317.6, and the proposed fine is appropriate. The state department shall also have the burden of establishing by a preponderance of the evidence that the assessment of the proposed fine should be upheld. If a hospital timely notifies the state department of its decision to contest a proposed fine, the fine shall not be due and payable unless and until the judicial proceeding is terminated in favor of the state department. (4) Action brought under the provisions of this section shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law. Times for responsive pleading and for hearing any such proceeding shall be set by the judge of the court with the object of securing a decision as to subject matters at the earliest possible time. (5) If the proposed fine is dismissed or reduced, the state department shall take action immediately to ensure that the public records reflect in a prominent manner that the proposed fine was dismissed or reduced. (6) In lieu of a judicial proceeding, the state department and the hospital may jointly elect to submit the matter to binding arbitration, in which case, the department shall initiate arbitration proceedings. The parties shall agree upon an arbitrator designated by the American Arbitration Association in accordance with the Association’s established rules and procedures. The arbitration hearing shall be set within 45 days of the parties’ joint election, but in no event less than 28 days from the date of selection of an arbitrator. The arbitration hearing may be continued up to 15 days if necessary at the arbitrator’s discretion. The decision of arbitrator shall be based upon substantive law and shall be binding on all parties, subject to judicial review. This review shall be limited to whether there was substantial evidence to support the decision of the arbitrator. (7) Proceedings by the board to impose a fine under Section 1317.6 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1987, Ch. 1240, Sec. 7.)
  173. 1317.4a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Hospitals and providers must give specified notices and contact-information updates when transferring certain psychiatric emergency patients, and prior authorization is not required for covered emergency care or transfer.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.4a. (a) (1) Notwithstanding subdivision (j) of Section 1317.1, a patient may be transferred for admission to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, for care and treatment that is solely necessary to relieve or eliminate a psychiatric emergency medical condition, as defined in subdivision (k) of Section 1317.1, provided that, in the opinion of the treating provider, the patient’s psychiatric emergency medical condition is such that, within reasonable medical probability, no material deterioration of the patient’s psychiatric emergency medical condition is likely to result from, or occur during, a transfer of the patient. (2) A provider shall notify the patient’s health care service plan, or the health plan’s contracting medical provider of the need for the transfer if identification of the plan is obtained pursuant to paragraph (1) of subdivision (b). (b) A hospital that transfers a patient pursuant to subdivision (a) shall do both of the following: (1) Seek to obtain the name and contact information of the patient’s health care service plan. The hospital shall document its attempt to ascertain this information in the patient’s medical record. The hospital’s attempt to ascertain the information shall include requesting the patient’s health care service plan member card, asking the patient, the patient’s family member, or other person accompanying the patient if they can identify the patient’s health care service plan, or using other means known to the hospital to accurately identify the patient’s health care service plan. (2) Notify the patient’s health care service plan or the health plan’s contracting medical provider of the transfer, provided that the identification of the plan was obtained pursuant to paragraph (1). The hospital shall provide the plan or its contracting medical provider with the name of the patient, the patient’s member identification number, if known, the location and contact information, including a telephone number, for the location where the patient will be admitted, and the preliminary diagnosis. (c) (1) A hospital shall make the notification described in paragraph (2) of subdivision (b) by either following the instructions on the patient’s health care service plan member card or by using the contact information provided by the patient’s health care service plan. A health care service plan shall provide all noncontracting hospitals in the state to which one of its members would be transferred pursuant to paragraph (1) of subdivision (b) with specific contact information needed to make the contact required by this section. The contact information provided to hospitals shall be updated as necessary, but no less than once a year. (2) A hospital making the transfer pursuant to subdivision (a) shall not be required to make more than one telephone call to the health care service plan, or its contracting medical provider, provided that in all cases the health care service plan, or its contracting medical provider, shall be able to reach a representative of the provider upon returning the call, should the plan, or its contracting medical provider, need to call back. The representative of the hospital who makes the telephone call may be, but is not required to be, a physician and surgeon. (d) If a transfer made pursuant to subdivision (a) is made to a facility that does not have a contract with the patient’s health care service plan, the plan may subsequently require and make provision for the transfer of the patient receiving services pursuant to this section and subdivision (a) of Section 1317.1 from the noncontracting facility to a psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, or an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, that has a contract with the plan or its delegated payer, provided that in the opinion of the treating provider the patient’s psychiatric emergency medical condition is such that, within reasonable medical probability, no material deterioration of the patient’s psychiatric emergency medical condition is likely to result from, or occur during, the transfer of the patient. (e) Upon admission, the hospital to which the patient was transferred shall notify the health care service plan of the transfer, provided that the facility has the name and contact information of the patient’s health care service plan. The facility shall not be required to make more than one telephone call to the health care service plan, or its contracting medical provider, provided that in all cases the health care service plan, or its contracting medical provider, shall be able to reach a representative of the facility upon returning the call, should the plan, or its contracting medical provider, need to call back. The representative of the facility who makes the telephone call may be, but is not required to be, a physician and surgeon. (f) A provider is not required to seek prior authorization to provide emergency services and care, as defined in paragraph (2) of subdivision (a) of Section 1317.1, or to make a transfer pursuant to subdivision (a) for a patient who has a psychiatric emergency medical condition, as defined in subdivision (k) of Section 1317.1, that is not otherwise required by law. (Amended by Stats. 2024, Ch. 632, Sec. 3. (AB 1316) Effective January 1, 2025.)
  174. 1317.4b

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Certain psychiatric facilities must accept transfers of specified psychiatric emergency patients and provide emergency care, if listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.4b. (a) A psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, a psychiatric health facility of more than 16 beds, as defined in Section 1250.2 and subject to subdivision (d), or an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, shall accept a transfer of a person with a psychiatric emergency medical condition, as defined in subdivision (k) of Section 1317.1, from a health facility licensed under this chapter that maintains and operates an emergency department and the receiving facility shall provide emergency services and care to that person consistent with paragraph (2) of subdivision (a) of Section 1317.1, regardless of whether the person is voluntary or involuntarily detained for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), or whether the facility operates an emergency department, if all of the following requirements are met: (1) The treating physician at the sending facility has determined that the patient is medically stable and appropriate for treatment in a psychiatric setting and has included that determination in the patient’s medical record. (2) The facility has an available bed. (3) The facility has appropriate facilities and qualified personnel available to provide the services or care. (b) A facility accepting a transfer of a person with a psychiatric emergency medical condition pursuant to subdivision (a) shall comply with the requirements of subdivisions (b), (d), and (f) of Section 1317. (c) This section shall not apply to a facility listed in Section 4100 of the Welfare and Institutions Code. (d) This section shall not apply to a psychiatric health facility that is county owned and operated. (Amended by Stats. 2024, Ch. 632, Sec. 4. (AB 1316) Effective January 1, 2025.)
  175. 1317.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    The state department must investigate alleged violations and finish the investigation within 60 days of receiving a report of apparent violation. It may refer violations to the local EMS agency if that agency agrees, and violations by a physician must be referred to the Medical Board of California unless the complaint lacks a reasonable basis.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.5. (a) All alleged violations of this article and the regulations adopted hereunder shall be investigated by the state department. The state department, with the agreement of the local EMS agency, may refer violations of this article to the local EMS agency for investigation. The investigation shall be conducted pursuant to procedures established by the state department and shall be completed no later than 60 days after the report of apparent violation is received by the state department. (b) At the conclusion of its investigation, the state department or the local EMS agency shall refer any alleged violation by a physician to the Medical Board of California unless it is determined that the complaint is without a reasonable basis. (Amended (as added by Stats. 1987, Ch. 1240) by Stats. 1989, Ch. 886, Sec. 93.)
  176. 1317.5a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A licensed health facility with an emergency department may post a conspicuous notice warning against threatening or aggressive behavior toward staff.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.5a. A health facility licensed under this chapter that maintains and operates an emergency department may post a notice in a conspicuous place in the emergency department stating substantially the following: WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff. Assaults and batteries against our staff are crimes and may result in a criminal conviction. (Added by Stats. 2024, Ch. 937, Sec. 1. (AB 977) Effective January 1, 2025.)
  177. 1317.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    This section lets the state department, the board, and other authorities penalize or enforce violations by hospitals, physicians, and medical personnel, with fines, permit action, misdemeanors, and civil remedies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.6. (a) Hospitals found by the state department to have committed or to be responsible for a violation of this article or the regulations adopted pursuant thereto shall be subject to a civil penalty by the state department in an amount not to exceed twenty-five thousand dollars ($25,000) for each hospital violation. In determining the amount of the fine for a hospital violation, the state department shall take into account all of the following: (1) Whether the violation was knowing or unintentional. (2) Whether the violation resulted or was reasonably likely to result in a medical hazard to the patient. (3) The frequency or gravity of the violation. (4) Other civil fines which have been imposed as a result of the violation under Section 1395 of Title 42 of the United States Code. (b) Notwithstanding this section, the director shall refer any alleged violation by a hospital owned and operated by a health care service plan involving a plan member or enrollee to the Department of Managed Health Care unless the director determines the complaint is without reasonable basis. The Department of Managed Health Care shall have sole authority and responsibility to enforce this article with respect to violations involving hospitals owned and operated by health care service plans in their treatment of plan members or enrollees. (c) Physicians and surgeons found by the board to have committed, or to be responsible for, a violation of this article or the regulations adopted pursuant thereto shall be subject to any and all penalties which the board may lawfully impose and may be subject to a civil penalty by the board in an amount not to exceed five thousand dollars ($5,000) for each violation. A civil penalty imposed under this subdivision shall not duplicate federal fines, and the board shall credit any federal fine against a civil penalty imposed under this subdivision. (d) The board may impose fines when it finds any of the following: (1) The violation was knowing or willful. (2) The violation was reasonably likely to result in a medical hazard. (3) There are repeated violations. (e) It is the intent of the Legislature that the state department has primary responsibility for regulating the conduct of hospital emergency departments and that fines imposed under this section should not be duplicated by additional fines imposed by the federal government as a result of the conduct which constituted a violation of this section. To effectuate the Legislature’s intent, the Governor shall inform the Secretary of the federal Department of Health and Human Services of the enactment of this section and request the federal department to credit any penalty assessed under this section against any subsequent civil monetary penalty assessed pursuant to Section 1395dd of Title 42 of the United States Code for the same violation. (f) There shall be a cumulative maximum limit of thirty thousand dollars ($30,000) in fines assessed against hospitals under this article and under Section 1395dd of Title 42 of the United States Code for the same circumstances. To effectuate this cumulative maximum limit, the state department shall do both of the following: (1) As to state fines assessed prior to the final conclusion, including judicial review, if available, of an action against a hospital by the federal Department of Health and Human Services under Section 1395dd of Title 42 of the United States Code (for the same circumstances finally deemed to have been a violation of this article or the regulations adopted hereunder, because of the state department action authorized by this article), remit and return to the hospital within 30 days after conclusion of the federal action, that portion of the state fine necessary to assure that the cumulative maximum limit is not exceeded. (2) Immediately credit against state fines assessed after the final conclusion, including judicial review, if available, of an action against a hospital by the federal Department of Health and Human Services under Section 1395dd of Title 42 of the United States Code, which results in a fine against a hospital (for the same circumstances finally deemed to have been a violation of this article or the regulations adopted hereunder, because of the state department action authorized by this article), the amount of the federal fine, necessary to assure the cumulative maximum limit is not exceeded. (g) Any hospital found by the state department pursuant to procedures established by the state department to have committed a violation of this article or the regulations adopted hereunder may have its emergency medical service permit revoked or suspended by the state department. (h) Any administrative or medical personnel who knowingly and intentionally violates any provision of this article, may be charged by the local district attorney with a misdemeanor. (i) Notification of each violation found by the state department of the provisions of this article or the regulations adopted hereunder shall be sent by the state department to the Joint Commission for the Accreditation of Hospitals, the state emergency medical services authority, and local emergency medical services agencies. (j) Any person who suffers personal harm and any medical facility which suffers a financial loss as a result of a violation of this article or the regulations adopted hereunder may recover, in a civil action against the transferring or receiving hospital, damages, reasonable attorney’s fees, and other appropriate relief. Transferring and receiving hospitals from which inappropriate transfers of persons are made or refused in violation of this article and the regulations adopted hereunder shall be liable for the reasonable charges of the receiving or transferring hospital for providing the services and care which should have been provided. Any person potentially harmed by a violation of this article or the regulations adopted hereunder, or the local district attorney or the Attorney General, may bring a civil action against the responsible hospital or administrative or medical personnel, to enjoin the violation, and if the injunction issues, the court shall award reasonable attorney’s fees. The provisions of this subdivision are in addition to other civil remedies and do not limit the availability of the other remedies. (k) The civil remedies established by this section do not apply to violations of any requirements established by any county or county agency. (Amended by Stats. 2000, Ch. 857, Sec. 18. Effective January 1, 2001.)
  178. 1317.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Local governments may regulate emergency care and patient transfers within their authority, but Medi-Cal-inconsistent requirements can override this article for Medi-Cal beneficiaries, and transfer duties or related contracts must not unreasonably delay or deny medically necessary care for psychiatric emergency patients.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.7. (a) This article does not preempt any county or any other governmental agency acting within its authority from regulating emergency care or patient transfers, including the imposition of more specific duties, consistent with the requirements of this article and its implementing regulations. Any inconsistent requirements imposed by the Medi-Cal program shall preempt this article with respect to Medi-Cal beneficiaries. To the extent hospitals and physicians enter into contractual relationships with county or other governmental agencies that impose more stringent transfer requirements, those contractual agreements shall control. (b) Notwithstanding subdivision (a), those duties or contractual agreements shall not unreasonably delay or deny the provision of medically necessary care to a patient with a psychiatric emergency medical condition, as defined in subdivision (k) of Section 1317.1, regardless of whether the patient is voluntary or involuntarily detained for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). (Amended by Stats. 2024, Ch. 632, Sec. 5. (AB 1316) Effective January 1, 2025.)
  179. 1317.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    If part of this article is found unlawful or unconstitutional, the rest of the chapter stays in effect.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.8. If any provision of this article is declared unlawful or unconstitutional in any judicial action, the remaining provisions of this chapter shall remain in effect. (Added by Stats. 1987, Ch. 1240, Sec. 11.)
  180. 1317.9a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section says the article does not change or repeal Section 2400, and it does not stop a physician from using professional judgment against a state or local regulation when the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1317.9a. (a) This article shall not be construed as altering or repealing Section 2400 of the Business and Professions Code. (b) Nothing in Sections 1317 et seq. and 1798.170 et seq. shall prevent a physician from exercising his or her professional judgment in conflict with any state or local regulation adopted pursuant to Section 1317 et seq. or 1798.170 et seq., so long as the judgment conforms with Sections 1317, 1317.1, and, except for subdivision (g), Section 1317.2, and acting in compliance with the state or local regulation would be contrary to the best interests of the patient. (Added by Stats. 1987, Ch. 1240, Sec. 13.)
  181. 13170.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    An advertisement for servicing, charging, or testing portable fire extinguishers is prima facie evidence that the premises or business where it appears is a separate place of business location.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13170. Any advertisement of the servicing, charging, or testing of portable fire extinguishers constitutes prima facie evidence that the premises, business, building, room, shop, store or establishment in or upon which it appears, or to which it refers, is a separate place of business location. (Added by Stats. 1968, Ch. 802.)
  182. 13171.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    A licensee may not conduct or solicit licensed business under any name other than the name or names shown on the license.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13171. No licensee shall conduct his licensed business or solicit business under a name other than a name or names which appears on his license. (Added by Stats. 1968, Ch. 802.)
  183. 13172.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    The State Fire Marshal must annually send local fire officials the names, addresses, and license numbers of licensed firms, and must provide single copies of that list without cost to a licensed person on request.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13172. The State Fire Marshal shall without cost, annually notify the chief fire official of each local fire authority of the name, address and license number of each firm that is licensed pursuant to this chapter. Upon request, single copies of such list shall be furnished, without cost, to a licensed person. (Added by Stats. 1968, Ch. 802.)
  184. 13173.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    A license holder must show the license for inspection when the State Fire Marshal, authorized employees, or a local fire official asks.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13173. The holder of any license shall submit such license for inspection upon request of the State Fire Marshal, any of his properly authorized employees, or any local fire official. (Added by Stats. 1968, Ch. 802.)
  185. 13174.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    Licensed persons must report certain worker details to the State Fire Marshal every year, and within seven days when someone starts or stops employment.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 2. Licensing [13163 - 13174] ( Article 2 added by Stats. 1968, Ch. 802. ) ## 13174. Every licensed person shall annually, within seven days of employment and within seven days of termination of employment, report to the State Fire Marshal at his Sacramento office, the name, address, and certificate of registration number, if any, of every natural person performing any act of servicing, charging, or testing portable fire extinguishers for such licensed person. (Added by Stats. 1968, Ch. 802.)
  186. 13175.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    A natural person may not service, charge, or test a portable fire extinguisher unless they have a certificate of registration from the State Fire Marshal authorizing those acts.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13175. No natural person shall service, charge, or test any portable fire extinguisher without a certificate of registration issued by the State Fire Marshal pursuant to this chapter expressly authorizing such person to perform such acts. The provisions of this article apply to the state, the Regents of University of California, a county, city, district, public authority, and any other political subdivision or public corporation in this state. (Added by Stats. 1968, Ch. 802.)
  187. 13175.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    This section does not apply to people servicing, charging, or testing their own portable fire extinguishers if those extinguishers are not otherwise required to be provided or installed. It also allows new employees of a licensed person to do this work for up to 90 days if they are directly supervised by someone with a valid certificate of registration.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13175.1. The provisions of this article shall not apply to any person servicing, charging, or testing any portable fire extinguisher owned by such person when the portable fire extinguisher is not required by any statute, regulation, or ordinance, to be provided or installed. The provisions of this section shall not prohibit the servicing, charging, or testing of portable fire extinguishers by new employees of a licensed person for a period not to exceed 90 days provided such servicing, charging or testing is conducted in the presence of and under the direct supervision of a natural person holding a valid certificate of registration. (Added by Stats. 1968, Ch. 802.)
  188. 13176.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    An applicant for a certificate to service, charge, or test portable fire extinguishers must file a written application with the State Fire Marshal, use the provided form, include the required fee, and sign the application.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13176. Application for a certificate of registration to service, charge, or test portable fire extinguishers shall be made in writing to the State Fire Marshal on forms provided by him and shall be accompanied by the fee prescribed in this chapter. The application shall be signed by the applicant. (Added by Stats. 1968, Ch. 802.)
  189. 13177.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    The State Fire Marshal must require applicants for a certificate of registration to pass a written examination, and may add practical tests when needed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13177. The State Fire Marshal shall require all applicants for a certificate of registration to take and pass a written examination which may be supplemented by practical tests when deemed necessary, to determine the applicants knowledge of servicing, charging and testing of portable fire extinguishers. (Added by Stats. 1968, Ch. 802.)
  190. 13178.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    The State Fire Marshal must issue a certificate of registration after receiving a properly completed application and prescribed fee, and after the required examination is completed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13178. Following receipt of the properly completed application and prescribed fee, and the completion of the required examination, the State Fire Marshal shall issue a certificate of registration. (Added by Stats. 1968, Ch. 802.)
  191. 13179.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    Original certificates of registration are valid until December 31 of the year issued, and renewals are valid from January 1 through December 31.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13179. Original certificates of registration shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each certificate of registration shall be renewed annually and renewals thereof shall be valid from January 1st through December 31st. (Added by Stats. 1968, Ch. 802.)
  192. 1318.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Health facilities that handle patient money must have a surety bond on file before a license is issued or renewed, unless the monthly amounts are below the stated thresholds.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1318. (a) The director shall require as a condition precedent to the issuance, or renewal, of any license for a health facility, if the licensee handles or will handle any money of patients within the health facility, that the applicant for the license or the renewal of the license file or have on file with the state department a bond executed by an admitted surety insurer in a sum to be fixed by the state department based upon the magnitude of the operations of the applicant, but which sum shall not be less than one thousand dollars ($1,000), running to the State of California and conditioned upon the licensee’s faithful and honest handling of the money of patients within the health facility. (b) Every person injured as a result of any improper or unlawful handling of the money of a patient of a health facility may bring an action in a proper court on the bond required to be posted by the licensee pursuant to this section for the amount of damage the person suffered as a result thereof to the extent covered by the bond. (c) The failure of any licensee under this section to maintain on file with the state department a bond in the amount prescribed by the director or who embezzles any patient’s trust funds shall constitute cause for the revocation of the license. (d) The provisions of this section shall not apply if the licensee handles less than twenty-five dollars ($25) per patient and less than five hundred dollars ($500) for all patients in any month. (e) The director may exempt licensed health facilities of the types specified in subdivisions (a), (b), (c), and (f) of Section 1250 from the requirements of this section. However, the exemption from the bond purchase requirements of this section shall not affect the financial liability of such health facilities. (Amended by Stats. 1982, Ch. 517, Sec. 266.)
  193. 13180.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    Renewal applications for a certificate of registration must be filed by November 1 of the year the current certificate expires.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13180. Application for renewal shall be made on or before November 1st of the year in which the current certificate of registration expires. Application for renewal shall be made in writing on forms provided by the State Fire Marshal and shall be accompanied by the prescribed fee. (Added by Stats. 1968, Ch. 802.)
  194. 13181.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    The State Fire Marshal may refuse to renew a certificate of registration, using the same grounds and procedure allowed to deny an original certificate. If renewal is refused, the applicant gets the same rights as an applicant whose original certificate was denied.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13181. The State Fire Marshal may refuse to renew any certificate of registration in the same manner and for any reason that he is authorized pursuant to Article 4 (commencing with Section 13185) of this chapter to deny an original certificate of registration. The applicant shall, upon such refusal, have the same rights as are granted by Article 4 of this chapter to an applicant for an original certificate of registration which has been denied by the State Fire Marshal. (Added by Stats. 1968, Ch. 802.)
  195. 13182.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    A certificate of registration holder must give written notice to the State Fire Marshal of any address change within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13182. Every certificate of registration holder shall notify the State Fire Marshal at his Sacramento office in writing within 15 days of any change of his address. (Added by Stats. 1968, Ch. 802.)
  196. 13183.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    People who service, charge, or test a portable fire extinguisher must attach a tag to the unit.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13183. Every natural person who services, charges, or tests any portable fire extinguisher shall affix a tag to the serviced unit. Such tag shall indicate the date upon which the service work was performed and it shall bear the signature of such natural person, and other information specified by the State Fire Marshal. (Added by Stats. 1968, Ch. 802.)
  197. 13184.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. )

    Verify source ↗

    If asked, the holder of a certificate of registration must show the certificate for inspection to the State Fire Marshal, authorized employees, or a local fire official.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 3. Certificates of Registration [13175 - 13184] ( Article 3 added by Stats. 1968, Ch. 802. ) ## 13184. The holder of a certificate of registration shall submit such certificate for inspection upon request of the State Fire Marshal, any of his properly authorized employees, or any local fire official. (Added by Stats. 1968, Ch. 802.)
  198. 13185.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal may deny a license or certificate of registration for specified reasons.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13185. The issuance of a license or certificate of registration may be denied by the State Fire Marshal for any of the following reasons: (a) The applicant is not the real person in interest. (b) Material misrepresentation or false statement in the application. (c) Refusal to allow inspection by the State Fire Marshal or his duly authorized employees. (d) The applicant for a license does not have the proper or necessary facilities, including qualified personnel, to conduct the operations for which application is made. (e) The applicant for a certificate of registration does not possess the qualifications of skill or competence to conduct the operations for which application is made as evidenced by failure to pass the examination pursuant to Article 3 (commencing with Section 13175) of this chapter. (f) Refusal to take the examination required by Section 13177 of this chapter. (g) The applicant has been convicted of a violation of the provisions of this chapter of the regulations adopted by the State Fire Marshal pursuant to this chapter. (Added by Stats. 1968, Ch. 802.)
  199. 13186.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    An applicant may ask the State Fire Marshal for a statement of issues within 30 days after receiving a notice of denial, and the request does not count as an answer, hearing request, or notice of defense.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13186. Within 30 days after receipt of notice of denial sent by the State Fire Marshal by registered or certified mail to the applicant’s last address of record, the applicant may file with the State Fire Marshal a request for statement of issues. Such request shall not be deemed an answer to the statement of issues, a request for a hearing, or a notice of defense. Unless the State Fire Marshal files a statement of issues regarding the denial of the appliction within 30 days after the timely filing of such request, the license or certificate of registration shall be issued. (Added by Stats. 1968, Ch. 802.)
  200. 13187.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    If a statement of issues has been filed, the State Fire Marshal may order denial.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13187. When a statement of issues has been so filed, the State Fire Marshal may order denial pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. (Added by Stats. 1968, Ch. 802.)

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