1.11.2 Duties and Powers of the Enforcing Agency

1.11.2.1 Enforcement.

1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State Fire Mar- shal and published in the California Building Stan- dards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall except as provided in Section 1.11.2.1.2 be as fol- lows:

1. The city, county, or city and county, with juris- diction 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 Group R-3 occupan- cies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to either of the following:

1.1. The chief of the fire authority of the city, county, or city, and county or an authorized rep- resentative.

1.2. The chief building official of the city, county, or city and county, or an authorized rep- resentative.

2. The chief of any city or county fire department or of any fire protection district, and authorized representatives, shall enforce within the juris- diction the building standards and other regu- lations of the State Fire Marshal, except those described in Item 1 or 4.

3. The State Fire Marshal shall have authority to enforce the building standards and other regu- lations of the State Fire Marshal in areas out- side of corporate cities and districts providing fire protection services.

4. The State Fire Marshal shall have authority to enforce the building standards and other regu- lations of the State Fire Marshal in corporate cities and districts providing fire-protection services on request of the chief fire official or the governing body.

5. Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the serv- ice for which the fee is charged pursuant to Sec- tion 66014 of the Government Code.

1.11.2.1.2 Pursuant to Health and Safety Code Sec- tion 13108, and except as otherwise provided in this section, building standards adopted by the State Fire Marshal published in the California Building Stan-

dards Code relating to fire and panic safety shall be enforced by the State Fire Marshal in all state- owned buildings, state-occupied buildings, and state institutions throughout the state. Upon the written request of the chief fire official of any city, county, or fire-protection district, the State Fire Marshal may authorize such chief fire official and his or her authorized representatives, in their geographical area of responsibility, to make fire-prevention inspections of state-owned or state-occupied build- ings, other than state institutions, for the purpose of enforcing the regulations relating to fire and panic safety adopted by the State Fire Marshal pursuant to this section and building standards relating to fire and panic safety published in the California Build- ing Standards Code. Authorization from the State Fire Marshal shall be limited to those fire depart- ments or fire districts which maintain a fire-preven- tion bureau staffed by paid personnel.

Pursuant to Health and Safety Code Section 13108, any requirement or order made by any chief fire official who is authorized by the State Fire Mar- shal to make fire-prevention inspections of state- owned or state-occupied buildings, other than state institutions, may be appealed to the State Fire Mar- shal. The State Fire Marshal shall, upon receiving an appeal and subject to the provisions of Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13 of the Health and Safety Code, deter- mine if the requirement or order made is reasonably consistent with the fire and panic safety regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Code.

Any person may request a code interpretation from the State Fire Marshal relative to the intent of any regulation or provision adopted by the State Fire Marshal. When the request relates to a specific project, occupancy or building, the State Fire Mar- shal shall review the issue with the appropriate local enforcing agency prior to rendering such code inter- pretation.

1.11.2.1.3 Pursuant to Health and Safety Code Sec- tion 13112, any person who violates any order, rule or regulation of the State Fire Marshal is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or by imprisonment for not less 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 of, the State Fire Marshal as contained in this code.

Any inspection authority who, in the exercise of his or her authority as a deputy State Fire Marshal, causes any legal complaints to be filed or any arrest to be made shall notify the State Fire Marshal imme- diately following such action.

1.11.2.2 Right of Entry. The fire chief of any city, county, or fire-protection district, or such person’s authorized

representative, may enter any state institution or any other state-owned or state-occupied building for the pur- pose of preparing a fire-suppression preplanning pro- gram or for the purpose of investigating any fire in a state-occupied building.

The State Fire Marshal, his or her deputies or salaried assistants, the chief of any city or county fire department or fire-protection district and his or her authorized representatives may enter any building or premises not used for dwelling purposes at any reason- able hour for the purpose of enforcing this chapter. The owner, lessee, manager, or operator of any such build ing or premises shall permit the State Fire Marshal, his or her deputies or salaried assistants and the chief of any city or county fire department or fire-protection district and his or her authorized representatives to enter and inspect them at the time and for the purpose stated in this section.

1.11.2.3 More Restrictive Fire and Panic Safety Build- ing Standards.

1.11.2.3.1 Any fire-protection district organized pur- suant to Health and Safety Code Part 2.7 (com- mencing with Section 13800) of Division 12 may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code. For these purposes, the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any changes or modifica- tions that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to Section 1.1.8.1.

1.11.2.3.2 Any fire protection district that proposes to adopt an ordinance pursuant to this section shall, not less than 30 days prior to noticing a proposed ordinance for public hearing, provide a copy of that ordinance, together with the adopted findings made pursuant to Section 1.11.2.3.1, to the city, county, or city and county where the ordinance will apply. The city, county, or city and county may provide the dis- trict with written comments, which shall become part of the fire-protection district’s public hearing record.

1.11.2.3.3 The fire-protection district shall transmit the adopted ordinance to the city, county, or city and county where the ordinance will apply. The legisla- tive body of the city, county, or city and county may ratify, modify or deny an adopted ordinance and transmit its determination to the district within 15 days of the determination. Any modification or denial of an adopted ordinance shall include a writ- ten statement describing the reasons for any modi- fications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon ratification of an adopted ordinance, the city, county, or city and county shall file a copy of the findings of the district, and any findings of the city, county, or city and county together with the

adopted ordinance expressly marked and identified to which each finding refers, in accordance with Section 1.1.8.1(3).

1.11.2.4 Request for Alternate Means of Protection. Requests for approval to use an alternative material, assembly or materials, equipment, method of construc- tion, method of installation of equipment, or means of protection shall be made in writing to the enforcing agency by the owner or the owner’s authorized repre sen- tative and shall be accompanied by a full statement of the conditions. Sufficient evidence or proof shall be submit- ted to substantiate any claim that may be made regarding its conformance. The enforcing agency may require tests and the submission of a test report from an approved test- ing organization as set forth in Title 19, California Code of Regulations, to substantiate the equivalency of the pro- posed alternative means of protection.

When a request for alternate means of protection involves hazardous materials, the Authority Having Jurisdiction may consider implementation of the findings and recommendations identified in a Risk Management Plan (RMP) developed in accordance with Title 19, Divi- sion 2, Chapter 4.5, Article 3.

Approval of a request for use of an alternative mate- rial, assembly of materials, equipment, method of con- struction, method of installation of equipment, or means of protection made pursuant to these provisions shall be limited to the particular case covered by request and shall not be construed as establishing any precedent for any future request.

1.11.2.5 Appeals. When a request for an alternate means of protection has been denied by the enforcing agency, the applicant may file a written appeal to the State Fire Marshal for consideration of the applicant’s proposal. In considering such appeal, the State Fire Marshal may seek the advice of the State Board of Fire Services. The State Fire Marshal shall, after considering all of the facts presented, including any recommendations of the State Board of Fire Services, determine if the proposal is for the purposes intended, at least equivalent to that speci- fied in these regulations in quality, strength, effective- ness, fire resistance, durability, and safety, and shall transmit such findings and any recommendations to the applicant and to the enforcing agency.