13869.7
. (a) Any fire protection district organized pursuant to
Part 2.7 (commencing with Section 13800) of Division 12 may adopt
building standards relating to fire and panic safety that are more
stringent than those building standards adopted by the State Fire
Marshal and contained in the California Building Standards Code. For
these purposes, the district board shall be deemed a legislative body
and the district shall be deemed a local agency. 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) Any fire protection district that proposes to adopt an
ordinance pursuant to this section shall, not less than 30 days prior
to noticing a proposed ordinance for public hearing, provide a copy
of that ordinance, together with the adopted findings made pursuant
to subdivision (a), to the city, county, or city and county where the
ordinance will apply. The city, county, or city and county, may
provide the district with written comments, which shall become part
of the fire protection district's public hearing record.
(c) The fire protection district shall transmit the adopted
ordinance to the city, county, or city and county where the ordinance
will apply. The legislative body of the city, county, or city and
county, may ratify, modify, or deny an adopted ordinance and transmit
its determination to the district within 15 days of the
determination. Any modification or denial of an adopted ordinance
shall include a written statement describing the reasons for any
modifications or denial. No ordinance adopted by the district shall
be effective until ratification by the city, county, or city and
county where the ordinance will apply. Upon ratification of an
adopted ordinance, the city, county, or city and county, shall file a
copy of the findings of the district, and any findings of the city,
county, or city and county, together with the adopted ordinance
expressly marked and identified to which each finding refers, with
the Department of Housing and Community Development.
(d) Nothing in this section shall authorize a district to mandate,
nor prohibit a district 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.
(e) Nothing in this section shall authorize a district to mandate,
nor prohibit a district 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.
(f) 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 in new
additions to existing dwelling units.
(g) 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.
(h) (1) A city, county, or city and county that ratifies 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 protection district that adopted the
ordinance, 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.