Section 13143.5 Of Article 2. The State Board Of Fire Services From California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 1. >> Article 2.
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).