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).