Section 1.11

OFFICE OF THE STATE FIRE MARSHAL

1.11.1 SFM—Office of the State Fire Marshal. Specific scope of application of the agency responsible for enforce- ment, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless other- wise stated.

Application. Institutional, educational or any similar occu- pancy. Any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, sanitarium, home for the aged, children’s nursery, children’s home, school or any similar occupancy of any capacity.

Authority cited— Health and Safety Code Section 13143.

Reference— Health and Safety Code Section 13143.

Assembly or similar place of assemblage. Any theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertain- ment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.

Authority cited— Health and Safety Code Section 13143.

Reference— Health and Safety Code Section 13143.

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Small family day-care homes.

Authority cited— Health and Safety Code Sections 1597.45, 1597.54, 13143 and 17921.

Reference— Health and Safety Code Section 13143.

Large family day-care homes.

Authority cited— Health and Safety Code Sections 1597.46, 1597.54 and 17921.

Reference— Health and Safety Code Section 13143.

Residential facilities and residential facilities for the elderly.

Authority cited— Health and Safety Code Section 13133.

Reference— Health and Safety Code Section 13143.

Any state institution or other state-owned or state-occupied building.

Authority cited— Health and Safety Code Section 13108.

Reference— Health and Safety Code Section 13143.

High-rise structures.

Authority cited— Health and Safety Code Section 13211.

Reference— Health and Safety Code Section 13143.

Motion picture production studios.

Authority cited— Health and Safety Code Section 13143.1.

Reference— Health and Safety Code Section 13143.

Organized camps.

Authority cited— Health and Safety Code Section 18897.3.

Reference— Health and Safety Code Section 13143.

Residential. All hotels, motels, lodging houses, apartment houses and dwellings, including congregate residences and buildings and structures accessory thereto. Multiple-story structures existing on January 1, 1975, let for human habita- tion, including and limited to, hotels, motels and apartment houses, less than 75 feet (22 860 mm) above the lowest floor level having building access, wherein rooms used for sleep- ing are let above the ground floor.

Authority cited— Health and Safety Code Sections 13143.2 and 17921.

Reference— Health and Safety Code Section 13143.

Residential care facilities. Certified family care homes, out- of-home placement facilities, halfway houses, drug and/or alcohol rehabilitation facilities and any building or structure used or intended for use as a home or institution for the hous- ing 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.

Authority cited— Health and Safety Code Section 13143.6.

Reference— Health and Safety Code Section 13143.

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Tents, awnings or other fabric enclosures used in connec- tion with any occupancy.

Authority cited— Health and Safety Code Section 13116.

Reference— Health and Safety Code Section 13143.

Fire alarm devices, equipment and systems in connection with any occupancy.

Authority cited— Health and Safety Code Section 13114.

Reference— Health and Safety Code Section 13143.

Hazardous materials.

Authority cited— Health and Safety Code Section 13143.9.

Reference— Health and Safety Code Section 13143.

Flammable and combustible liquids.

Authority cited— Health and Safety Code Section 13143.6.

Reference— Health and Safety Code Section 13143.

Public school automatic fire detection, alarm and sprinkler systems.

Authority cited— Health and Safety Code Section 13143 and California Education Code Article 7.5, Sections 17074.50, 17074.52 and 17074.54.

Reference— Government Code Section 11152.5, Health and Safety Code Section 13143 and California Education Code Chapter 12.5, Leroy F. Greene School Facilities Act of 1998, Article 1.

Wildland-Urban interface fire area.

Authority cited— Health and Safety Code Sections 13143, 13108.5(a) and 18949.2(b) and (c) and Government Code Section 51189.

Reference— Health and Safety Code Sections 13143, Government Code Sections 51176, 51177, 51178 and 51179 and Public Resources Code Sections 4201 through 4204.

1.11.1.1 Adopting agency identification. The provisions of this code applicable to buildings identified in this Sub- section 1.11.1 will be identified in the Matrix Adoption Tables under the acronym SFM.

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 build- ing 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 except as provided in Section 1.11.2.1.2 be as follows:

1. The city, county, or city and county with jurisdic- tion in the area affected by the standard or regu- lation 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 1.1.3.1 or CCR, Part 2 California Building Code, Section 310.1, to either of the following:

1.1. The chief of the fire authority of the city, county or city and county, or an authorized representative.

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

2. The chief of any city or county fire department or of any fire protection district, and authorized representatives, shall enforce within the jurisdic- tion the building standards and other regulations 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 regula- tions of the State Fire Marshal in areas outside of corporate cities and districts providing fire pro- tection services.

4. The State Fire Marshal shall have authority to enforce the building standards and other regula- tions 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 esti- mated reasonable cost of providing the service for which the fee is charged pursuant to Section 66014 of the Government Code.

1.11.2.1.2 Pursuant to Health and Safety Code Section 13108, and except as otherwise provided in this sec- tion, building standards adopted by the State Fire Mar- shal published in the California Building Standards 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 through- out 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-occu- pied buildings, other than state institutions, for the pur- pose of enforcing the regulations relating to fire and panic safety adopted by the State Fire Marshal pursu- ant 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 departments or fire districts which maintain a fire prevention 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 Marshal to make fire prevention inspections of state-owned or state- occupied buildings, other than state institutions, may be appealed to the State Fire Marshal. The State Fire Marshal shall, upon receiving an appeal and subject to the provisions of Chapter 5 (commencing with Section

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18945) of Part 2.5 of Division 13 of the Health and Safety Code, determine 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 reg- ulation or provision adopted by the State Fire Marshal. When the request relates to a specific project, occu- pancy or building, the State Fire Marshal shall review the issue with the appropriate local enforcing agency prior to rendering such code interpretation.

1.11.2.1.3 Pursuant to Health and Safety Code Section 13112, any person who violates any order, rule or reg- ulation of the State Fire Marshal is guilty of a misde- meanor 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 sep- arate 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 immediately 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 repre- sentative, may enter any state institution or any other state- owned or state-occupied building for the purpose of prepar- ing a fire suppression preplanning program or for the pur- pose 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 repre- sentatives may enter any building or premises not used for dwelling purposes at any reasonable hour for the purpose of enforcing this chapter. The owner, lessee, manager or operator of any such building or premises shall permit the State Fire Marshal, his or her deputies or salaried assis- tants and the chief of any city or county fire department or fire protection district and his or her authorized represen- tatives 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 building standards.

1.11.2.3.1 Any fire protection district organized pursu- ant to Health and Safety Code Part 2.7 (commencing 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 Califor- nia 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 modifications that are more stringent than

DIVISION I CALIFORNIA ADMINISTRATION

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 ordi- nance for public hearing, provide a copy of that ordi- nance, 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 district 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 legislative 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 deter- mination. Any modification or denial of an adopted ordinance shall include a written statement describing the reasons for any modifications or denial. No ordi- nance adopted by the district shall be effective until rat- ification 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 iden- tified 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 construction, 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 representative and shall be accompanied by a full statement of the conditions. Suf- ficient evidence or proof shall be submitted to substantiate any claim that may be made regarding its conformance. The enforcing agency may require tests and the submis- sion of a test report from an approved testing organization as set forth in Title 19, California Code of Regulation, to substantiate the equivalency of the proposed alternative means of protection.

When a request for alternate means of protection involves hazardous materials, the authority having juris- diction may consider implementation of the findings and recommendations identified in a Risk Management Plan (RMP) developed in accordance with Title 19, Division 2, Chapter 4.5, Article 3.

Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, 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 con- strued 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

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applicant may file a written appeal to the State Fire Mar- shal for consideration of the applicant’s proposal. In con- sidering 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 specified in these regu- lations in quality, strength, effectiveness, fire resistance, durability and safety, and shall transmit such findings and any recommendations to the applicant and to the enforcing agency.

1.11.3 Construction documents.

1.11.3.1 Public schools. Plans and specifications for the construction, alteration or addition to any building owned, leased or rented by any public school district shall be sub- mitted to the Division of the State Architect.

1.11.3.2 Movable walls and partitions. Plans or diagrams shall be submitted to the enforcing agency for approval before the installation of, or rearrangement of, any mov- able wall or partition in any occupancy. Approval shall be granted only if there is no increase in the fire hazard.

1.11.3.3 New construction high-rise buildings.

1. Complete plans or specifications, or both, shall be prepared covering all work required to comply with new construction high-rise buildings. Such plans and specifications shall be submitted to the enforc- ing agency having jurisdiction.

2. All plans and specifications shall be prepared under the responsible charge of an architect or a civil or structural engineer authorized by law to develop construction plans and specifications, or by both such architect and engineer. Plans and specifica- tions shall be prepared by an engineer duly quali- fied in that branch of engineering necessary to perform such services. Administration of the work of construction shall be under the charge of the responsible architect or engineer except that where plans and specifications involve alterations or repairs, such work of construction may be adminis- tered by an engineer duly qualified to perform such services and holding a valid certificate under Chap- ter 7 (commencing with Section 65700) of Division 3 of the Business and Professions Code for perfor- mance of services in that branch of engineering in which said plans, specifications and estimates and work of construction are applicable.

uch work of construction may be adminis-_ tered by an engineer duly qualified to perform such services and holding a valid certificate under Chap- ter 7 (commencing with Section 65700) of Division 3 of the Business and Professions Code for perfor- mance of services in that branch of engineering in which said plans, specifications and estimates and work of construction are applicable.

This section shall not be construed as preventing the design of fire-extinguishing systems by persons holding a C-16 license issued pursuant to Division 3, Chapter 9, Business and Professions Code. In such instances, how- ever, the responsibility charge of this section shall prevail.

1.11.3.4 Existing high-rise buildings.

1. Complete plans or specifications, or both, shall be prepared covering all work required by Chapter 11 of the California Fire Code and the California

Existing Building Code for existing high-rise build- ings. Such plans or specifications shall be submitted to the enforcing agency having jurisdiction.

2. When new construction is required to conform with the provisions of these regulations, complete plans or specifications, or both, shall be prepared in accordance with the provisions of this subsection. As used in this section, “new construction” is not intended to include repairs, replacements or minor alterations which do not disrupt or appreciably add to or affect the structural aspects of the building.

1.11.3.5 Retention of plans. Refer to Building Standards Law, Health and Safety Code Sections 19850 and 19851 for permanent retention of plans.

1.11.4 Fees.

1.11.4.1 Other fees. Pursuant to Health and Safety Code Section 13146.2, a city, county or district which inspects a hotel, motel, lodging house or apartment house 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 district, sufficient to pay its costs of that inspection.

1.11.4.2 Large family day-care. Pursuant to Health and Safety Code Section 1597.46, Large Family Day-Care Homes, the local government shall process any required permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process.

1.11.4.3 High-rise. Pursuant to Health and Safety Code Section 13217, High-rise Structure Inspection: Fees and costs, a local agency which inspects a high-rise structure pursuant to Health and Safety Code Section 13217 may charge and collect a fee for the inspection from the owner of the high-rise structure in an amount, as determined by the local agency, sufficient to pay its costs of that inspection.

Pursuant to Health and Safety Code Section 13217, High-rise Structure Inspection: Fees and costs, a local agency which inspects a high-rise structure pursuant to Health and Safety Code Section 13217 may charge and collect a fee for the inspection from the owner of the high-rise structure in an amount, as determined by the local agency, sufficient to pay its costs of that inspection.

1.11.4.4 Fire clearance preinspection. Pursuant to Health and Safety Code Section 13235, Fire Clearance Prein- spection, fee, upon receipt of a request from a prospective licensee of a community care facility, as defined in Section 1502, of a residential care facility for the elderly, as defined in Section 1569.2, or of a child day-care facility, as defined in Section 1596.750, the local fire enforcing agency, as defined in Section 13244, or State Fire Mar- shal, whichever has primary jurisdiction, shall conduct a preinspection of the facility prior to the final fire clear- ance approval. At the time of the preinspection, the pri- mary fire enforcing agency shall price consultation and interpretation of the fire safety regulations and shall notify the prospective licensee of the facility in writing of the specific fire safety regulations which shall be enforced in order to obtain fire clearance approval. A fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for the preinspection of a facility with a capacity to serve 25 or fewer persons. A fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for a preinspection of a facility with a capacity to serve 26 or more persons.

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1.11.4.5 Care facilities. The primary fire enforcing agency shall complete the final fire clearance inspection for a community care facility, residential care facility for the elderly, or child day-care facility within 30 days of receipt of the request for the final inspection, or as of the date the prospective facility requests the final prelicensure inspec- tion by the State Department of Social Services, whichever is later.

Pursuant to Health and Safety Code Section 13235, a preinspection fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for a facility with a capacity to serve 25 or less clients. A fee equal to, but not exceeding, the actual cost of the prein- spection services may be charged for a preinspection of a facility with a capacity to serve 26 or more clients.

to Health and Safety Code Section 13235, a_ preinspection fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for a facility with a capacity to serve 25 or less clients. A fee equal to, but not exceeding, the actual cost of the prein- spection services may be charged for a preinspection of a facility with a capacity to serve 26 or more clients.

Pursuant to Health and Safety Code Section 13131.5, a reasonable final inspection fee, not to exceed the actual cost of inspection services necessary to complete a final inspection may be charged for occupancies classified as residential care facilities for the elderly (RCFE).

Pursuant to Health and Safety Code Section 1569.84, neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regula- tions pursuant to state law or regulation or local ordi- nance, with respect to residential care facilities for the elderly (RCFE) which service six or fewer persons.

1.11.4.6 Requests of the Office of the State Fire Marshal. Whenever a local authority having jurisdiction requests that the State Fire Marshal perform plan review and/or inspection services related to a building permit, the appli- cable fees for such shall be payable to the Office of the State Fire Marshal.

1.11.5 Inspections. Work performed subject to the provisions of this code shall comply with the inspection requirements of Sections R109.1 through R109.1.6.

1.11.5.1 Existing Group I -1 or R occupancies. Licensed 24-hour care in a Group I-1 or R occupancy in existence and originally classified under previously adopted state codes shall be reinspected under the appropriate previous code, provided there is no change in the use or character which would place the facility in a different occupancy group.

1.11.6 Certificate of occupancy. A certificate of occupancy shall be issued as specified in Section R110.

1.11.7 Temporary structures and uses. See Section R107.

1.11.8 Service utilities. See Section R111.

1.11.9 Stop work order. See Section R114.

1.11.10 Unsafe buildings, structures and equipment. See Title 24, Part 2, California Building Code, Section 115.