2010 California Code
Health and Safety Code
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, local agencies, or private entities
that are charged for the costs of fire and life safety building code
inspections and related fire and life safety activities rendered by
the State Fire Marshal, such as plan review, construction consulting,
fire watch, and investigation, the State Fire Marshal shall charge
an amount sufficient to recover the costs incurred for the fire and
life safety building code inspections and those related fire and life
safety activities.
   (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. The State Fire Marshal shall charge local agencies
and private entities for the amount sufficient to recover the costs
of the services provided.
   (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.



13139.  (a) On or before January 1, 2008, the State Fire Marshal
shall approve and list portable gasoline containers that are designed
and constructed according to one of the following child-resistant
standards:
   (1) Construction and design standards that are substantially the
same as the American Society for Testing and Materials (ASTM)
F2517-05 standard, issued by ASTM International, or any successor
standard issued by ASTM International.
   (2) Construction and design standards approved by a national
testing laboratory recognized by the State Fire Marshal.
   (b) No person shall sell, offer for sale, or possess for sale, on
or after April 1, 2008, a portable gasoline container that has not
been listed and approved by the State Fire Marshal.
   (c) For purposes of this section, "portable gasoline container"
means any container or vessel with a nominal capacity of 10 gallons
or less that is intended for reuse and is designed, used, sold,
advertised, or offered for sale primarily for receiving,
transporting, storing, or dispensing gasoline. "Portable gasoline
container" does not include either of the following:
   (1) A container or vessel permanently embossed or permanently
labeled as described in Section 172.407(a) of Title 49 of the Code of
Federal Regulations, as it existed on September 15, 2005, indicating
containers or vessels that are solely intended for use with nonfuel
or nonkerosene products.
   (2) A safety can meeting the requirements of Subpart F (commencing
with Section 1926.150) of Part 1926 of Title 29 of the Code of
Federal Regulations, as it existed on January 1, 2008. This exception
shall not apply to any safety can manufactured after October 31,
2008, unless the can contains a label or silkscreen of the words "NOT
CHILDPROOF" in a conspicuous and prominent place against a
contrasting background, and the type shall be clear and legible. On
safety cans larger than one quart, the font size of the label wording
shall be printed in at least 12-point type. On safety cans one-quart
and smaller, the font size of the label wording shall be printed in
at least 8-point type. All labels shall be printed in both English
and Spanish.
   (d) Retailers are permitted to sell through existing supplies of
portable gasoline containers that have not been listed and approved
for sale by the State Fire Marshal.
   (e) This section shall cease to be applicable if federal fire
safety standards for portable gasoline containers that preempt this
section are enacted and take effect subsequent to the effective date
of this statute and the State Fire Marshal so notifies the Secretary
of State.