2007 California Health and Safety Code Chapter 5. General Powers And Duties

CA Codes (hsc:13860-13879)

13860.  A district has perpetual succession.



13861.  A district shall have and may exercise all rights and
powers, expressed or implied, necessary to carry out the purposes and
intent of this part, including, but not limited to, the following
powers:
   (a) To sue and be sued.
   (b) To acquire any property, including water facilities for
providing fire protection, within the district by any means, to hold,
manage, occupy, dispose of, convey and encumber the property, and to
create a leasehold interest in the property for the benefit of the
district.
   (c) To acquire by eminent domain any property necessary to carry
out any of its powers or functions.
   (d) To appoint necessary employees, to define their qualifications
and duties, and to provide a pay schedule for performance of their
duties.
   (e) To employ counsel.
   (f) To enter into and perform all necessary contracts pursuant to
Article 53 (commencing with Section 20810) of Part 3 of Division 2 of
the Public Contract Code.
   (g) To adopt a seal and alter it at pleasure.
   (h) To adopt ordinances following the procedures of Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of Division 2
of Title 3 of the Government Code.
   (i) To establish and enforce rules and regulations for the
administration, operation, and maintenance of the services listed in
Section 13862.
   (j) To enter joint powers agreements pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code.
   (k) To provide insurance pursuant to Part 6 (commencing with
Section 989) of Division 3.6 of Title 1 of the Government Code.




13862.  A district shall have the power to provide the following
services:
   (a) Fire protection services.
   (b) Rescue services.
   (c) Emergency medical services.
   (d) Hazardous material emergency response services.
   (e) Ambulance services, pursuant to Division 2.5 (commencing with
Section 1797).
   (f) Any other services relating to the protection of lives and
property.


13863.  (a) A district may enter into mutual aid agreements with any
federal or state agency, any city, county, city and county, special
district, or federally recognized Indian tribe.
   (b) A district may also enter into mutual aid agreements with any
private firm, corporation, or federally recognized Indian tribe that
maintains a full-time fire department.  The firm, corporation, or
federally recognized Indian tribe, or any of its employees, shall
have the same immunity from liability for civil damages on account of
personal injury to or death of any person or damage to property
resulting from acts or omissions of its fire department personnel in
the performance of the provisions of the mutual aid agreement as is
provided by law for the district and its employees, except when the
act or omission occurs on property under the control of the firm,
corporation, or federally recognized Indian tribe.



13864.  A district may lease or rent any property from an employee,
including but not limited to, vehicles or equipment.



13865.  A district may join any local, state, or national group or
association which promotes the preservation of life and property from
the hazards of fire and other disasters.



13866.  A district may authorize its directors and employees to
attend professional or vocational meetings and pay their actual and
necessary traveling and incidental expenses while on official
business. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.



13867.  The acquisition of any equipment for fire protection
purposes shall conform to the standardization provisions of Article 1
(commencing with Section 13025) of Chapter 2 of Part 1.



13868.  (a) A district board shall keep a record of all its acts,
including its financial transactions.
   (b) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.



13869.  A district may adopt a fire prevention code by reference
pursuant to Article 2 (commencing with Section 50022) of Chapter 1 of
Part 1 of Division 1 of Title 5 of the Government Code.  For that
purpose, the district board shall be deemed a legislative body and
the district shall be deemed a local agency.



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.



13870.  (a) Notwithstanding any other provision of law, a district
board or its authorized representative may issue a written order to
correct or eliminate a  fire hazard or life hazard.
   (b) Any person who has been ordered to immediately correct or
eliminate a fire hazard or life hazard pursuant to subdivision (a)
and who believes that strict compliance with the order would cause
undue hardship may, within 10 days, present a written request to the
district board requesting a hearing on and a review of the order.
The request shall state the reasons for making the request.
   (c) Within 30 days of the receipt of a written request pursuant to
subdivision (b), the district board or its authorized representative
shall hold a hearing.  The board may modify, vacate, or affirm the
order.


13871.  (a) Any citation issued by a district for violation of a
fire prevention code or a district ordinance may be processed
pursuant to subdivision (d) of  Section 17 of the Penal Code.
   (b) Every person who fails or refuses to correct or eliminate a
fire or life hazard after written order of a district board or its
authorized representative is guilty of a misdemeanor.
   (c) Every person who falsely personates a member of a district
board or an officer or employee of a district is guilty of a
misdemeanor.
   (d) Every misdemeanor is punishable pursuant to Section 19 of the
Penal Code.


13872.  A district may, by ordinance, authorize its fire chief, or
his or her duly authorized representative, to issue citations for the
misdemeanors specified in Section 13871.  The provisions of Chapter
5C (commencing with Section 853.5) of Title 4 of Part 2 of the Penal
Code shall apply.


13872.5.  The fire chief of a city, city and county, or county fire
department, or his or her authorized representative, has the same
authority as specified in Sections 13870 to 13872, inclusive, to
issue a written order to correct or eliminate a fire hazard or life
hazard, hold hearings and modify, vacate, or affirm those orders, and
issue citations if so authorized by ordinance of the city, city and
county, or county.  This section does not limit or affect any
authority of a fire chief or authorized representative of a fire
chief under any local ordinance.



13873.  Employees of a district shall have the powers of peace
officers while engaged in the prevention and suppression of fires and
the protection and preservation of life and property, including, but
not limited to, actions associated with rescue services, emergency
medical services, hazardous material emergency response services, and
ambulance services.



13874.  If a district board has adopted regulations for the control
of open fires, no person shall burn any material without a permit.  A
district shall not issue a permit to burn any material which would
not be permitted by an air pollution control district or an air
quality management district, or any other state or federal agency.




13875.  A district may prepare and disseminate information and
operate educational programs, including, but not limited to, those
which help to prevent fire, eliminate life hazards, and prepare for
medical emergencies.


13876.  A district board may adopt a resolution to change the name
of the district.  The resolution shall comply with the requirements
of Chapter 23 (commencing with Section 7530) of Division 7 of Title 1
of the Government Code.  Within 10 days of its adoption, the
district board shall file a copy of the resolution with the county
clerk, and the board of supervisors and the local agency formation
commission of each county in which the district is located.



13877.  A district board may authorize the use of any vehicle,
apparatus, or equipment outside the district, subject to any terms
and conditions it prescribes.



13878.  A district may contract with any person or public agency to
provide district services to territory which is outside the district.
  A contract shall provide for payment in advance.



13879.  A district board may abate hazardous weeds and rubbish
pursuant to Part 5 (commencing with Section 14875).  For that
purpose, the district board shall be deemed to be a "board of
supervisors" and district employees shall be deemed to be the
"persons" designated by Section 14890.