13143.6
. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare and adopt regulations establishing minimum standards for the
prevention of fire and for the protection of life and property
against fire in any building or structure used or intended for use as
a home or institution for the housing 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. The State Fire Marshal shall adopt and submit
building standards for approval pursuant to the provisions of Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13 for the
purposes described in this section. Occupancies within the meaning
of this subdivision shall be those not otherwise specified in
Sections 13113 and 13143 and shall include, but are not limited to,
those commonly referred to as "certified family care homes,"
"out-of-home placement facilities," and "halfway houses." Building
standards relating to fire and panic safety published in the State
Building Standards Code and other regulations adopted pursuant to
this subdivision shall establish minimum requirements relating to the
means of egress and the adequacy of exits, the installation and
maintenance of fire extinguishing and fire alarm systems, the
storage, handling, or use of combustible or flammable materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, and furnishings that may present a fire,
explosion, or panic hazard. Such minimum requirements shall be
predicated on the height, area, and fire-resistive qualities of the
building or structure used or intended to be used.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
nonambulatory persons shall have installed and maintained in proper
operating condition an automatic sprinkler system approved by the
State Fire Marshal. "Nonambulatory person," as used in this section,
means nonambulatory person as defined in Section 13131.
The ambulatory or nonambulatory status of any developmentally
disabled person within the scope of this subdivision shall be
determined by the Director of Social Services or his or her
designated representative, in consultation with the Director of
Developmental Services or his or her designated representative.
Any building or structure within the scope of this subdivision
used or intended to be used for the housing of more than six
ambulatory persons shall have installed or maintained in proper
operating condition an automatic fire alarm system approved and
listed by the State Fire Marshal which will respond to products of
combustion other than heat.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall give reasonable
consideration to the continued use of existing buildings' housing
occupancies established prior to March 4, 1972.
In preparing and adopting regulations pursuant to this
subdivision, the State Fire Marshal shall also secure the advice of
the appropriate governmental agencies involved in the affected
protective social care programs in order to provide compatibility and
maintenance of operating programs in this state.
Any governmental agency that refers any person to, or causes his
or her placement in, any home or institution subject to this section
shall, within seven days after the referral or placement, request
verification of conformance to the fire safety standards adopted by
the State Fire Marshal pursuant to this section from the fire
authority having jurisdiction pursuant to Sections 13145 and 13146.
Any referral or placement in homes or institutions subject to this
section shall be subject to rescission if the fire authority having
jurisdiction subsequently informs the governmental agency that it is
unable to give the requested verification.
When a building or structure within the scope of this subdivision
is used to house either ambulatory or nonambulatory persons, or both,
and an automatic sprinkler system, approved by the State Fire
Marshal, is installed, this subdivision shall not be construed to
also require the installation of an automatic fire alarm system.
(b) Notwithstanding any other provision of law, facilities which
are subject to the provisions of subdivision (a) and which are used
for the housing of persons, none of whom are physically or mentally
handicapped or nonambulatory persons within the meaning of Section
13131, shall not be required to have installed an automatic sprinkler
system or an automatic fire alarm system. In adopting regulations,
or when adopting building standards for approval pursuant to Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13,
affecting facilities specified in this subdivision, the State Fire
Marshal shall take into consideration the ambulatory and
nonhandicapped status of persons housed in such facilities.
(c) It is the intent of the Legislature that any building or
structure within the scope of subdivision (a) in which there is
housed any totally deaf person, shall be required by the State Fire
Marshal to be equipped with fire warning devices to which such person
is able to respond.
(d) The provisions of this section, building standards adopted by
the State Fire Marshal pursuant to this section and published in the
State Building Standards Code relating to fire and panic safety, and
the other regulations adopted by the State Fire Marshal pursuant to
this section shall apply uniformly throughout the State of
California, and no county, city, city and county, or district shall
adopt or enforce any ordinance or local rule or regulation relating
to fire and panic safety in buildings or structures subject to the
provisions of this section which is inconsistent with the provisions
of this section, building standards published in the State Building
Standards Code relating to fire and panic safety, or the other
regulations adopted by the State Fire Marshal pursuant to this
section.