13143
. (a) Except as provided in Section 18930, the State Fire
Marshal, with the advice of the State Board of Fire Services, shall
prepare, adopt, and submit building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 and shall prepare and adopt other regulations establishing minimum
requirements for the prevention of fire, and for the protection of
life and property against fire and panic, in any building or
structure used or intended for use as an asylum, jail, mental
hospital, hospital, home for the elderly, children's nursery,
children's home or institution not otherwise excluded from the
coverage of this subdivision, school, or any similar occupancy of any
capacity, and in any assembly occupancy where 50 or more persons may
gather together in a building, room, or structure for the purpose of
amusement, entertainment, instruction, deliberation, worship,
drinking or dining, awaiting transportation, or education, and for
any laboratory or research and development facility that stores,
handles, or uses regulated hazardous materials. The State Fire
Marshal shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 for the purposes described in this section. Regulations
adopted pursuant to this subdivision and building standards relating
to fire and panic safety published in the California Building
Standards Code shall establish minimum requirements relating to the
means of egress and the adequacy of exits from, the installation and
maintenance of fire extinguishing and fire alarm systems in, the
storage and handling of combustible or explosive materials or
substances, and the installation and maintenance of appliances,
equipment, decorations, security bars, grills, grates, and
furnishings that present a fire, explosion, or panic hazard, and the
minimum requirements shall be predicated on the height and
fire-resistive qualities of the building or structure and the type of
occupancy for which it is to be used. The building standards and
other regulations shall apply to auxiliary or accessory buildings
used or intended for use with any of the occupancies mentioned in
this subdivision. Violation of any building standard or other
regulation shall be a violation of this chapter.
In preparing and adopting building standards for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13, and in preparing and adopting other regulations affecting public
schools, the State Fire Marshal shall also secure the advice of the
State Department of Education. No regulation adopted by the State
Fire Marshal shall conflict with any rule, regulation, or building
standard lawfully adopted or enforced by the Department of General
Services pursuant to Article 3 (commencing with Section 39140) of
Chapter 2 of Part 23 or Article 7 (commencing with Section 81130) of
Chapter 1 of Part 49 of the Education Code.
In addition to any other requirements for location of exit signs
or devices in any building or structure used or intended for use as
an asylum, jail, mental hospital, hospital, home for the elderly,
children's nursery, children's home or institution not otherwise
excluded from the coverage of this subdivision, school, or any
similar occupancy of any capacity, and in any assembly occupancy
where 50 or more persons may gather together in a building, room, or
structure for the purpose of amusement, entertainment, instruction,
deliberation, worship, drinking or dining, awaiting transportation,
or education, the State Fire Marshal shall adopt building standards
pursuant to this section establishing minimum requirements for the
placement of distinctive devices, signs, or other means that identify
exits and can be felt or seen near the floor. Exit sign technologies
permitted by the model building code upon which the California
Building Standards Code is based, shall be permitted. These building
standards shall be adopted before July 1, 1998, and shall apply to
all newly constructed buildings or structures subject to this
subdivision for which a building permit is issued, or construction
commenced, if no building permit is issued, on or after January 1,
1989.
(b) Notwithstanding subdivision (a) and Section 13143.6,
facilities licensed pursuant to Chapter 3 (commencing with Section
1500) of Division 2 which provide nonmedical board, room, and care
for six or fewer ambulatory children placed with the licensee for
care or foster family homes and family day care homes for children,
licensed pursuant to Chapter 3.6 (commencing with Section 1597.50) of
Division 2, with a capacity of six or fewer and providing care and
supervision for ambulatory children or children two years of age or
younger, or both, shall not be subject to Article 1 (commencing with
Section 13100) or Article 2 (commencing with Section 13140) of this
chapter or regulations adopted pursuant thereto. No city, county, or
public district shall adopt or enforce any requirement for the
prevention of fire, or for the protection of life and property
against fire and panic, with respect to structures used as facilities
specified in this subdivision, unless the requirement would be
applicable to a structure regardless of the special occupancy.
Nothing in this subdivision shall restrict the application of state
or local housing standards to those facilities, if the standards are
applicable to residential occupancies and are not based upon the use
of the structure as a facility specified in this subdivision.
"Ambulatory children," as used in this subdivision, does not
include nonambulatory persons, as defined in Section 13131, and
relatives of the licensee or the licensee's spouse.
(c) The State Fire Marshal shall adopt building standards
establishing regulations providing that all school classrooms
constructed after January 1, 1990, not equipped with automatic
sprinkler systems, which have metal grills or bars on all their
windows and do not have at least two exit doors within three feet of
each end of the classroom opening to the exterior of the building or
to a common hallway used for evacuation purposes, shall have an
inside release for the grills or bars on at least one window farthest
from the exit doors. The window or windows with the inside release
shall be clearly marked as an emergency exit, in accordance with
regulations adopted by the State Fire Marshal.