Chapter 3. High Rise Structures of California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 3.
As used in this chapter:
(a) "Existing high-rise structure" means a high-rise structure,
the construction of which is commenced or completed prior to July 1,
(b) "High-rise structure" means every building of any type of
construction or occupancy having floors used for human occupancy
located more than 75 feet above the lowest floor level having
building access, except buildings used as hospitals, as defined in
(c) "New high-rise structure" means a high-rise structure, the
construction of which is commenced on or after July 1, 1974.
The State Fire Marshal, with the advice of the State Board
of Fire Services, shall prepare and adopt building standards relating
to fire and panic safety in high-rise structures and submit such
building standards for approval and publication in the State Building
Standards Code pursuant to Chapter 4 (commencing with Section 18935)
of Part 2.5 of Division 13 of this code. The State Fire Marshal
shall prepare and adopt other regulations establishing minimum
standards for the prevention of fire and for the protection of life
and property against fire and panic in high-rise structures. Such
regulations shall differentiate between existing high-rise structures
and new high-rise structures.
Subject to the provisions of Sections 25 and 18943 of this
code, regulations adopted by the State Fire Marshal pursuant to
Section 13211 applicable to new high-rise structures shall be adopted
on or before July 1, 1974, and shall become effective July 1, 1974.
Such regulations may include, but not be limited to, requirements
with respect to the following elements:
(a) Automatic smoke and fire detection systems.
(b) Automatic fire extinguishing systems.
(c) An intrastructure communication system for those engaged in
fire suppression activities.
(a) Building standards and other regulations of the State
Fire Marshal applicable to existing high-rise structures shall
provide to the greatest feasible extent for the safety of occupants
of the high-rise structure and persons involved in fire suppression
activities. All existing high-rise structures shall be conformed to
the requirements contained in such building standards and such other
regulations on or before April 26, 1979.
(b) The period for compliance with such requirements may be
extended upon showing of good cause for such extension if a
systematic and progressive plan of correction is submitted to, and
approved by, the enforcing agency. Such extension shall not exceed
two years from the date of approval of such plan. Any plan of
correction submitted pursuant to this subdivision shall be submitted
and approved on or before April 26, 1979.
(c) This section shall not apply to structures located in a city
and county if all of the following conditions exist:
(1) The structure is used solely for residential purposes.
(2) The structure contains 12 or fewer dwelling units.
(3) Each dwelling unit in the structure is owner-occupied.
(4) The structure is made of reinforced concrete.
(5) Each dwelling unit in the structure has at least two exits,
one of which may be an existing exterior fire escape.
The provisions of this chapter, building standards
applicable to high-rise structures published in the State Building
Standards Code relating to fire and panic safety, and the other
regulations of the State Fire Marshal adopted pursuant to this
chapter shall be enforced in the same manner as provided in Sections
13145 and 13146. The State Fire Marshal, his deputies, or his
salaried assistants, the chief of any city or county fire department
or district providing fire protection services, and their authorized
representatives, may enter any building, premises, or portion thereof
not used for dwelling purposes at any reasonable hour for the
purpose of enforcing this chapter. The owner, lessee, manager, or
operator of any such building or premises shall permit the State Fire
Marshal, his deputies, his salaried assistants, or the chief or any
city or county fire department or district providing fire protection
services, or their authorized representatives, to enter and inspect
the building or premises at the time and for the purpose stated in
It is unlawful for any person to construct or maintain any
highrise structure in violation of the provisions of this chapter,
building standards published in the State Building Standards Code
relating to fire or panic safety, or other regulations adopted
pursuant to the provisions of this chapter. Any person who violates
these provisions, standards, or regulations is guilty of a
misdemeanor and, upon conviction, shall be punished by imprisonment
for not to exceed six months in the county jail or by a fine not to
exceed ten thousand dollars ($10,000), or both.
A person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision,
standard, or regulation within this section is continued or permitted
to continue by that person after the person has been notified of the
violation by the appropriate enforcing agency. In addition, any
condition existing in violation of any provision, standard, or
regulation within this section is a public nuisance and may be
The governing body of any city or county may impose greater
restrictions with respect to high-rise structures than are imposed by
the building standards published in the State Building Standards
Code relating to fire or panic safety or the other regulations of the
State Fire Marshal adopted pursuant to this chapter.
(a) The fire department of any city or county may annually
inspect all high-rise structures for compliance with building
standards and other regulations of the State Fire Marshal. If a local
agency elects to perform the inspection, the results of the
inspection shall be submitted to the State Fire Marshal's office in a
form and manner approved by the State Fire Marshal no later than 30
days after the date of the inspection. If the local fire department
elects not to conduct an inspection, the State Fire Marshal shall
conduct the inspection.
(b) A local agency which inspects a high-rise structure pursuant
to subdivision (a) may charge and collect a fee for the inspection
from the owner of the high-rise structure in an amount, as determined
by the local agency, sufficient to pay its costs of that inspection.
(c) If the State Fire Marshal conducts an inspection pursuant to
subdivision (a), the State Fire Marshal shall determine his or her
costs of the inspection and submit a claim for that amount, together
with a designation of the city or county in which the inspection was
conducted, to the Controller. Notwithstanding Section 11005 of the
Revenue and Taxation Code, the Controller shall deduct the claimed
amount from the moneys allocated pursuant to Section 11005 of the
Revenue and Taxation Code to the designated city or county and
transfer that amount to the State Fire Marshal to pay the costs of
the inspections, and the Controller shall distribute the balance to
the designated city or county.