Chapter 1. General Provisions of California Health And Safety Code >> Division 12. >> Part 2.7. >> Chapter 1.
This part shall be known and may be cited as the Fire
Protection District Law of 1987 or as the Bergeson Fire District Law.
The Legislature finds and declares that the local provision
of fire protection services, rescue services, emergency medical
services, hazardous material emergency response services, ambulance
services, and other services relating to the protection of lives and
property is critical to the public peace, health, and safety of the
state. Among the ways that local communities have provided for those
services has been the creation of fire protection districts. Local
control over the types, levels, and availability of these services is
a long-standing tradition in California which the Legislature
intends to retain. Recognizing that the state's communities have
diverse needs and resources, it is the intent of the Legislature in
enacting this part to provide a broad statutory authority for local
officials. The Legislature encourages local communities and their
officials to adapt the powers and procedures in this part to meet
their own circumstances and responsibilities.
As used in this part:
(a) "City" means any city whether general law or charter,
including a city and county, and including any city the name of which
includes the word "town."
(b) "Day" means a calendar day.
(c) "District" means a fire protection district created pursuant
to this part or created pursuant to any law which this part
(d) "District board," means the board of directors of a district.
(e) "Employee" means any personnel of a district, including any
regular or call firefighter hired and paid on a full-time or
part-time basis, or any volunteer firefighter. "Employee" also
includes any person who assists in the provision of any authorized
emergency duty or service at the request of a person who has been
authorized by the district board to request this assistance from
(f) "Principal county" means the county having all or the greater
portion of the entire assessed value, as shown on the last equalized
assessment roll of the county or counties, of all taxable property
within a district.
(g) "Zone" means a service zone formed pursuant to Chapter 10
(commencing with Section 13950).
(a) This part provides the authority for the organization
and powers of fire protection districts. This part succeeds the Fire
Protection District Law of 1961 and all of its statutory
predecessors. Any fire protection district organized or reorganized
pursuant to the Fire Protection District Law of 1961 or any of its
statutory predecessors which was in existence on January 1, 1988,
shall remain in existence as if it had been organized pursuant to
this part, except that when the district board is a county board of
supervisors the number and method of selection of its board of
directors shall continue to be governed by the provisions of Chapter
4 (commencing with Section 13831) of the Fire Protection District Law
of 1961 in effect on December 31, 1987, as if that chapter had not
been repealed. Any special fire protection zone formed pursuant to
Chapter 12 (commencing with Section 13991) of the Fire Protection
District Law of 1961 or any of its statutory predecessors which was
in existence on January 1, 1988, shall remain in existence as a
service zone as if it has been formed pursuant to Chapter 10
(commencing with Section 13950).
(b) This part does not apply to any reorganization which was filed
pursuant to the Fire Protection District Law of 1961 and which is
pending on January 1, 1988. Those pending reorganizations may be
continued and completed under, and in accordance with, the Fire
Protection District Law of 1961. The repeals, amendments, and
additions made by the act enacting this part shall not apply to any
of those pending reorganizations, and the laws existing prior to
January 1, 1988, shall continue in full force and effect as applied
to those pending reorganizations.
This part is necessary for the public health, safety, and
welfare, and shall be liberally construed to effectuate its purposes.
If any provision of this part or the application of any
provision of this part in any circumstance or to any person, city,
county, district, the state, or any agency or subdivision of the
state is held invalid, that invalidity shall not affect other
provisions or applications of this part which can be given effect
without the invalid provision or application of the invalid
provision, and to this end the provisions of this part are severable.
Any action to determine the validity of the organization or
of any action of a district shall be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of