Article 1 - General

California Health and Safety Code — §§ 13100-13135

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Sections (67)

Amended by Stats. 1996, Ch. 332, Sec. 3. Effective January 1, 1997.

(a)The Office of the State Fire Marshal is hereby created in the Department of Forestry and Fire Protection. The Office of the State Fire Marshal shall be administered by the State Fire Marshal, who shall be a Chief Deputy Director of Forestry and Fire Protection in accordance with paragraph (1) of subdivision (b) of Section 702 of the Public Resources Code and appointed pursuant to Section 13101 of this code.
(b)The Office of the State Fire Marshal and the State Fire Marshal in the Department of Forestry and Fire Protection succeed to, and are vested with, all of the powers, duties, responsibilities, and jurisdiction of the former Office of the State Fire Marshal and the former State Fire Marshal, as the case may be, in the State and Consumer Services Agency.
(c)Wherever any reference is made in any law to the former Office of the State Fire Marshal or to the former State Fire Marshal in the State and Consumer Services Agency pertaining to a power, duty, responsibility, or jurisdiction transferred to, and vested in, the Office of the State Fire Marshal or the State Fire Marshal in the Department of Forestry and Fire Protection, the reference shall be deemed to be a reference to, and to mean, the Office of the State Fire Marshal or the State Fire Marshal in the Department of Forestry and Fire Protection, as the case may be.

Added by Stats. 1945, Ch. 1173.

The functions of the office shall be to foster, promote and develop ways and means of protecting life and property against fire and panic.

Amended by Stats. 1996, Ch. 332, Sec. 4. Effective January 1, 1997.

The State Fire Marshal shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor. In order to be eligible for appointment, he or she shall have had not less than eight years experience in a regularly organized fire department in this State. He or she shall be paid the annual salary provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.

Amended by Stats. 1996, Ch. 332, Sec. 6. Effective January 1, 1997.

The State Fire Marshal may appoint those assistant or deputy state fire marshals as he or she may consider necessary from among active chiefs of fire departments, fire marshals of cities, counties, and districts providing fire protection, and the salaried field assistants of the State Fire Marshal.

The State Fire Marshal and the assistant or deputy state fire marshals shall exercise the functions of peace officers.

Amended by Stats. 1979, Ch. 1152.

The State Fire Marshal shall aid in the enforcement of all laws and ordinances, any rules and regulations adopted under the provisions of Division 11 (commencing with Section 12000) of, and Part 1 (commencing with Section 13000) and Part 2 (commencing with Section 13100) of Division 12 of, the Health and Safety Code, and building standards adopted by the State Fire Marshal and published in the State Building Standards Code relating to fires or to fire prevention and protection.

The State Fire Marshal shall, if possible, attend, and take charge of and protect all property which may be imperiled by any fire other than:

(a)A forest, brush, or grain fire.
(b)A fire occurring within any city or town maintaining a fire department, within a fire protection district, or within a county where there is a regularly appointed county fire warden.

Amended by Stats. 1996, Ch. 332, Sec. 7. Effective January 1, 1997.

Except on property which has been deeded to the state for taxes, the Department of Forestry and Fire Protection may abate fire hazards existing on property owned, controlled, or held in trust by the state, in areas not under the jurisdiction of the Director of Forestry and Fire Protection, upon the request of the legislative body of the city, county, or city and county within which the property is situated. The cost of the abatement shall be paid out of any money in the State Treasury appropriated for that purpose.

Added by Stats. 1939, Ch. 693.

The State Fire Marshal may determine the existence of a fire hazard on any property which has been deeded to the State for taxes and may serve a written notice of condemnation of the fire hazard on the State Controller, or on any person designated by the Controller. The fire hazard is then subject to removal in accordance with the law relating to removal of public nuisances on tax deeded property.

Amended by Stats. 1996, Ch. 332, Sec. 8. Effective January 1, 1997.

The State Fire Marshal shall encourage the adoption of fire prevention measures by means of education, engineering, and enforcement and shall prepare or cause to be prepared for dissemination information relating to the subject of fire prevention and extinguishment.

Added by Stats. 2025, Ch. 382, Sec. 2. (AB 841) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.

(a)The State Fire Marshal shall develop, in consultation with the Division of Occupational Safety and Health, a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires.
(b)The working group shall include members of the State Board of Fire Services, academia, health and safety experts, a representative from the Division of Occupational Safety and Health, and a labor organization representing the utility workforce, as determined by the State Fire Marshal.
(c)The working group shall review, and for the purpose of making recommendations shall consider, at a minimum, all of the following:
(1)The latest personal protective equipment to limit exposure to lithium and other heavy metals when responding to fires where lithium-ion batteries are present.
(2)Technology to clean personal protective equipment after response to a lithium-ion battery fire.
(3)Whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, including large scale battery energy storage facilities, home-based battery energy storage facilities, and electric vehicles that have lithium-ion batteries.
(4)Current decontamination practices at the fire scene to reduce exposures and potential negative health consequences.
(d)The recommendations developed pursuant to subdivision (a) shall be delivered to the Legislature no later than September 1, 2026.
(e)(1) The requirement for submitting a report imposed under subdivision (d) is inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.
(f)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

Amended by Stats. 1989, Ch. 597, Sec. 1.

(a)The State Fire Marshal shall establish and operate a statewide hazardous materials training facility to be located at the Del Valle Firefighting Facility of the County of Los Angeles.
(b)Subdivision (a) shall be operative in any fiscal year only to the extent that funds are appropriated in the annual Budget Act or donated by private donors, contributed by local agencies, or provided by other funding sources for the purpose of subdivision (a). Donations by private donors, local agencies, or other sources may be in the form of money, in-kind services, or equipment. All monetary contributions received pursuant to this subdivision shall be deposited into a special deposit fund account to carry out the requirements of subdivision (a).

Added by Stats. 2025, Ch. 637, Sec. 1. (AB 1285) Effective January 1, 2026.

The State Fire Marshal, in consultation with the Office of Emergency Services, shall develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities.

(a)The measures shall include best practices for the health and safety of emergency services personnel.
(b)The measures shall include best practices for owners and operators to share timely and accurate information with local emergency managers and public safety agencies regarding incidents.

Added by Stats. 1981, Ch. 581.

The State Fire Marshal shall establish or cause to be established a program of fire prevention training for fire prevention inspectors employed by local fire protection agencies. The training program shall be conducted on a regional basis located near such agencies which employ or contract with such inspectors.

Amended by Stats. 2022, Ch. 60, Sec. 26. (AB 203) Effective June 30, 2022.

On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for livestock producers eligible for the livestock pass program described in Section 2350 of the Food and Agricultural Code. The curriculum shall, at a minimum, provide education regarding basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum shall provide for the initial certification as well as the continuing education or recertification of livestock producers eligible for the livestock pass program. It is the intent of the Legislature that any certification training utilizing the curriculum developed pursuant to this section be no more than

four hours in duration, ensuring that commercial livestock producers may avail themselves of the curriculum.

Added by Stats. 1989, Ch. 616, Sec. 1.

(a)The State Fire Marshal may establish a schedule of fees for the inspection, approval, and listing of testing laboratories which test consumer products for fire safety that are regulated by the State Fire Marshal.
(b)The State Fire Marshal may charge the testing laboratories fees to cover the costs of the program specified in subdivision (a), including the cost of establishing the fee schedule.

Enacted by Stats. 1939, Ch. 60.

During the existence of a fire, the State Fire Marshal may protect any property which is affected thereby until the arrival of the owner or claimant. If the owner or claimant does not take charge of the property within twenty-four hours, the State Fire Marshal may store it at the owner’s or claimant’s expense.

Amended by Stats. 1996, Ch. 332, Sec. 9. Effective January 1, 1997.

(a)The State Fire Marshal shall investigate every explosion or fire occurring in any state institution, state-owned building, or any building which is determined, pursuant to regulations adopted by the State Fire Marshal, to be state occupied, and every explosion or fire occurring in those areas of the state not under the jurisdiction of a legally organized fire department or fire protection district or other public entity, including, but not limited to, the state, which provides fire protection in which there is suspicion that the crime of arson or attempted arson has been committed.
(b)Upon request of the chief fire official of a legally organized fire department or fire protection district, or the governing body thereof, or upon request of the chief of a police department or the sheriff regarding a fire which occurs in an area where there is no operating arson investigation unit, the State Fire Marshal shall, within the limitation of resources and manpower established for those purposes, investigate any explosion or fire occurring within the jurisdiction of the requesting official in which there is suspicion that the crime of arson or attempted arson has been committed.
(c)The State Fire Marshal shall cooperate in the establishment of a program for training fire department personnel in arson investigation and detection.
(d)In order to carry out his or her responsibilities and duties pursuant to this section, the State Fire Marshal shall establish an arson investigation unit within his or her office, which shall be staffed with necessary personnel to perform the function for which the unit is established.
(e)If there is reason to believe that any fire or explosion investigated by the State Fire Marshal resulted from a crime or that a crime has been committed in connection with it, the State Fire Marshal shall report that fact in writing to the district attorney of the county in which the fire or explosion occurred.

Added by Stats. 1981, Ch. 861.

The State Fire Marshal may investigate every break, and shall investigate every explosion or fire, involving a pipeline reported by a local agency pursuant to Chapter 5.5 (commencing with Section 51010) of Division 1 of Title 5 of the Government Code. The State Fire Marshal may immediately order any pipeline closed when it is determined to be necessary to do so in the interests of public safety. The pipeline shall remain closed until it is determined that operations may be resumed with safety or until any discovered safety defect has been remedied or repaired.

Amended by Stats. 2019, Ch. 31, Sec. 6. (SB 85) Effective June 27, 2019.

(a)Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930 of this code, the State Fire Marshal shall prepare and adopt building standards, not inconsistent with existing laws or ordinances, relating to fire protection in the design and construction of the means of egress and the adequacy of exits from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building and submit those building standards to the State Building Standards Commission for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. The State Fire Marshal shall prepare and adopt regulations other than building standards for the installation

and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. The State Fire Marshal shall adopt those regulations as are reasonably necessary to define what buildings shall be considered as state-occupied buildings.

(b)The fire chief of any city, county, city and county, or fire protection district, or that official’s authorized representative, may enter any state institution or any other state-owned or state-occupied building for the purpose of preparing a fire suppression preplanning program or for the purpose of investigating any fire in a state-occupied building.
(c)Except as otherwise provided in this section, the State Fire Marshal shall enforce the regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety

published in the California Building Standards Code in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Upon written request from the chief fire official of any city, county, city and county, or fire protection district, or a Designated Campus Fire Marshal, pursuant to Section 13146, the State Fire Marshal may authorize that person and their authorized representatives, in their geographical area of responsibility, to make fire prevention inspections of state-owned or specified state-occupied buildings, 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 Building Standards Code. Authorization from the State Fire Marshal shall be limited to those fire departments or fire districts that maintain a fire prevention bureau staffed by paid personnel.

(d)Any requirement or order made by a chief fire official or Designated Campus Fire Marshal pursuant to this section may be appealed to the State Fire Marshal. The State Fire Marshal shall, upon receiving an appeal and subject to Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13, 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 Standards Code.
(e)For purposes of subdivisions (a) and (c), “specified state-occupied building” shall mean a building that is leased or rented by the state, in whole or in part, and is any of the following:
(1)A building where the state has entered into a build-to-suit lease.
(2)A trial court facility with a detention area.
(3)A building used by the Department of Corrections and Rehabilitation as a reentry facility.
(4)Any other building specified by the State Fire Marshal through adopted regulations.
(f)This section does not prohibit the State Fire Marshal from entering and enforcing the regulations relating to fire and panic safety adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Standards Code in any publicly or privately owned building occupied by the state, in whole or in part, whenever the State Fire Marshal determines that enforcement by the State Fire Marshal is necessary for the safety of state workers or

wards.

Amended by Stats. 2018, Ch. 578, Sec. 35. (SB 1483) Effective January 1, 2019.

The State Fire Marshal, in consultation with the Bureau of Household Goods and Services, shall review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Based on this review, and if the State Fire Marshal deems it appropriate, he or she shall, by July 1, 2015, propose for consideration by the California Building Standards Commission, to be adopted at the sole discretion of the commission, updated insulation flammability standards that accomplish both of the following:

(a)Maintain overall building fire safety.
(b)Ensure that there is adequate protection from fires that

travel between walls and into confined areas, including crawl spaces and attics, for occupants of the building and any firefighters who may be in the building during a fire.

Amended by Stats. 2021, Ch. 382, Sec. 6.5. (SB 63) Effective January 1, 2022.

(a)The State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall, pursuant to Section 18930, propose fire protection building standards for roofs, exterior walls, structure projections, including, but not limited to, porches, decks, balconies, and eaves, and structure openings, including, but not limited to, attic and eave vents and windows of buildings in fire hazard severity zones, including very high fire hazard severity zones designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code.
(b)(1) Building standards

adopted pursuant to this section shall also apply to buildings located in very high fire hazard severity zones designated pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, and other areas designated by a local agency following a finding supported by substantial evidence in the record that the requirements of the building standards adopted pursuant to this section are necessary for effective fire protection within the area.

(2)Upon identification by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code of high fire hazard severity zones and by a local agency pursuant to Section 51179 of the Government Code, the Office of the State Fire Marshal and the Department of Housing and Community Development shall propose, and the California Building Standards Commission shall adopt, expanded application of the building standards adopted pursuant to

this section to high fire hazard severity zones during the next triennially occurring code adoption cycle.

(3)The State Fire Marshal and the Department of Housing and Community Development shall, after consulting with interested stakeholders, including local fire officials, consider if it is appropriate to expand application of the building standards adopted pursuant to this section to moderate fire hazard severity zones. If it is found appropriate, the State Fire Marshal and the Department of Housing and Community Development shall, pursuant to Section 18930, recommend expanding the application of the building standards adopted pursuant to this section to moderate fire hazard severity zones.
(c)Building standards adopted pursuant to this section shall also apply to buildings located in urban wildland interface communities. A local agency may, at its discretion, include in or

exclude from the requirements of these building standards any area in its jurisdiction following a finding supported by substantial evidence in the record at a public hearing that the requirements of these building standards are necessary or not necessary, respectively, for effective fire protection within the area. Changes made by a local agency to an urban wildland interface community area following a finding supported by substantial evidence in the record shall be final and shall not be rebuttable.

(d)For purposes of subdivision (c), “urban wildland interface community” means a community listed in “Communities at Risk from Wild Fires,” produced by the California Department of Forestry and Fire Protection, Fire and Resource Assessment Program, pursuant to the National Fire Plan, federal Fiscal Year 2001 Department of the Interior and Related Agencies Appropriations Act (Public Law 106-291).

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