Section 13143.8 Of Article 2. The State Board Of Fire Services From California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 1. >> Article 2.
13143.8
. In case of conflict between the State Fire Marshal and the
local enforcement agency in the interpretation or application of the
provisions, regulations, or building standards of the State Fire
Marshal by local enforcement agencies as they pertain to community
care facilities, upon request of the permittee or licensee of the
community care facility, the State Fire Marshal shall notify the
local enforcement agency in writing of the State Fire Marshal's
interpretation, and if the local enforcement agency fails to apply
the State Fire Marshal's interpretation, the State Fire Marshal shall
conduct an adjudication hearing pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code before a hearing officer of the Office of
Administrative Hearings, with the local enforcement agency as
respondent, to resolve the conflict. The interpretation or
application made by the hearing officer is binding on that local
enforcement agency and the State Fire Marshal. The adjudication
hearing shall be held within 30 days after the State Fire Marshal
notifies the local enforcement agency of the interpretation, and a
decision shall be rendered within 15 days of the hearing.