2005 California Health and Safety Code Sections 13137-13138 Article 1.5. Financial Provisions

13137.  (a) The State Fire Marshal Licensing and Certification Fund
is hereby created in the State Treasury.  All money in the fund is
available for the support of the State Fire Marshal upon
appropriation by the Legislature.  All moneys collected by the State
Fire Marshal pursuant to this part, pursuant to Part 2 (commencing
with Section 12500) or Part 3 (commencing with Section 12750) of
Division 11, and pursuant to Section 41961, shall be deposited in the
fund and shall be available to the State Fire Marshal for
expenditure upon appropriation by the Legislature for the purposes of
this part, Part 2 (commencing with Section 12500) or Part 3
(commencing with Section 12750) of Division 11, or Section 41961,
respectively.
   (b) Neither this article nor any provision of this part or Part 2
(commencing with Section 12500) or Part 3 (commencing with Section
12750) of Division 11 or Section 41961 authorize fees to exceed the
actual cost of administration of the programs administered by the
State Fire Marshal, nor authorize the charging of fees to a
particular group being regulated under a program, for the costs of
regulation under another program or for the costs of a different
group under the same program.
13138.  (a) For state agencies, departments, or programs that are
charged for the costs of fire and life safety building code
inspections rendered by the State Fire Marshal, the State Fire
Marshal shall charge an amount sufficient to recover the costs
incurred for the fire and life safety building code inspections.
   (b) Upon the request of the State Fire Marshal, in the form
prescribed by the Controller, the Controller shall transfer the
amount of the charges for services rendered from the agency's
appropriation to the appropriation for the support of the State Fire
Marshal's office.
   (c) A state agency that has a dispute regarding charges for fire
and life safety building code inspections provided by the State Fire
Marshal shall notify the State Fire Marshal, in writing, of the
dispute and the basis therefor.  The State Fire Marshal shall
immediately provide a credit to the state agency in the subsequent
billing or billings for the amount of the charges in dispute.  No
further transfer of funds shall occur with respect to the services
for which charges are disputed until the dispute is resolved by the
State Fire Marshal, subject to the approval of the Department of
Finance.