2010 California Code
Health and Safety Code
Chapter 1.8. Automatic Fire Extinguisher Systems

13195.  The State Fire Marshal shall adopt and administer the
regulations and building standards he or she deems necessary in order
to (1) establish and control a program for servicing, testing, and
maintaining all automatic fire extinguishing systems, including but
not limited to, fire sprinkler systems, engineered and preengineered
fixed extinguishing systems, standpipe systems, and water flow alarm
devices and (2) establish minimum frequencies of service, inspection,
and testing for the various types of automatic fire extinguishing
systems. All tests of automatic sprinkler systems shall include a
test of all supervisory signaling equipment that is provided to
determine whether a condition exists that will impair the
satisfactory operation of the system.
   The regulations and building standards established by the State
Fire Marshal for servicing, testing, and maintaining automatic fire
extinguishing systems shall consider the requirements of the
applicable standards of the National Fire Protection Association and
the voluntary standards published by the State Fire Marshal entitled
the "California Voluntary Standards for Residential Sprinkler
Systems," dated January 1982.


13195.5.  Every automatic fire extinguishing system, including, but
not limited to, fire sprinkler systems, engineered and preengineered
fixed extinguishing systems, standpipe systems, and alarm and
supervisory equipment attached to those systems shall be serviced,
tested, and maintained in accordance with the regulations and
building standards adopted by the State Fire Marshal pursuant to
Section 13195.



13196.  The regulations and building standards adopted pursuant to
Section 13195 shall be enforced pursuant to Sections 13145 and 13146.



13196.5.  (a) Except as provided in subdivisions (b), (c), and (d),
no person shall engage in the business of servicing or testing
automatic fire extinguishing systems without a license issued by the
State Fire Marshal pursuant to this chapter.
   (b) Persons who engage in the business of servicing or testing
fire alarm devices, water flow alarm devices, or the supervisory
signaling components of automatic fire extinguishing systems shall
not be subject to the licensing requirements contained in this
chapter.
   (c) Industrial systems may be serviced or tested by, or under the
supervision of, an engineer employed by a private entity who shall
not be subject to the licensing requirements contained in this
chapter unless he or she performs the service or testing for a fee
outside of the employment relationship.
   (d) Any specialty contractor, as defined in subdivision (b) of
Section 7058 of the Business and Professions Code, shall not be
subject to the licensing requirements contained in this chapter.



13197.  The State Fire Marshal shall adopt regulations to establish
and maintain the licensing program required by this chapter. To the
extent the State Fire Marshal determines is necessary to carry out
the provisions of this chapter, the regulations may provide for, but
need not be limited to, requirements that the applicant for a license
pass an examination or possess the qualifications necessary to
perform the prescribed service, maintenance, and testing, or both.



13197.5.  A license may be denied or revoked by the State Fire
Marshal for either of the following reasons:
   (a) The applicant made a material misrepresentation or false
statement in the application.
   (b) Violation of any provision of this chapter or any regulation
adopted by the State Fire Marshal pursuant to this chapter.




13197.6.  (a) If the State Fire Marshal or his or her designee
determines that the public interest and public welfare will be
adequately served by permitting a person licensed under this chapter
to pay a monetary penalty to the State Fire Marshal in lieu of an
actual license suspension, the State Fire Marshal or his or her
designee may stay the execution of all or part of the suspension if
all of the following conditions are met:
   (1) The violation that is the cause for the suspension did not
pose, or have the potential to pose, a significant threat or risk of
harm to the public.
   (2) The licensee pays a monetary penalty.
   (3) The licensee does not incur any other cause for disciplinary
action within a period of time specified by the State Fire Marshal or
his or her designee.
   In making the determination, the State Fire Marshal or his or her
designee shall consider the seriousness of the violation, the
violator's record of compliance with the law, the impact of the
determination on the licensee, the licensee's employees or customers,
and other relevant factors.
   (b) The State Fire Marshal or his or her designee may exercise the
discretion granted under this section either with respect to a
suspension ordered by a decision after a contested hearing on an
accusation against the licensee or by stipulation with the licensee
after the filing of an accusation, but prior to the rendering of a
decision based upon the accusation. In either case, the terms and
conditions of the disciplinary action against the licensee shall be
made part of a formal decision of the State Fire Marshal or his or
her designee.
   (c) If a licensee fails to pay the monetary penalty in accordance
with the terms and conditions of the decision of the State Fire
Marshal or his or her designee, the State Fire Marshal or his or her
designee may, without a hearing, order the immediate execution of all
or any part of the stayed suspension in which event the licensee
shall not be entitled to any repayment nor credit, prorated or
otherwise, for money paid to the State Fire Marshal under the terms
of the decision.
   (d) The amount of the monetary penalty payable under this section
shall not exceed two hundred fifty dollars ($250) for each day of
suspension stayed nor a total of ten thousand dollars ($10,000) per
decision regardless of the number of days of suspension stayed under
the decision.
   (e) Any monetary penalty received pursuant to this section shall
be deposited in the State Fire Marshal Licensing and Certification
Fund.
   (f) On or before March 1 of each year, the State Fire Marshal
shall make available to the public data showing the percentage of
enforcement actions taken that resulted in license suspension or the
assessment of monetary penalties pursuant to this section.




13198.  The State Fire Marshal shall adopt a schedule of fees to be
paid by licensees in an amount which is necessary to cover the cost
of administering and enforcing the provisions of this chapter by the
State Fire Marshal. Any city or county fire department, or any
district providing fire protection services may adopt a schedule of
fees as required to cover the cost of enforcing the provisions of
this chapter.
   The annual and renewal license shall be valid for the period from
January 1, to December 31.
   The annual license fee renewal period shall begin on September 1
and end on November 1 preceding the license year for which the
renewal is requested. A penalty of 50 percent of the license fee
shall be assessed in all cases where the renewal fees are not paid on
or before November 1, preceding the license year for which renewal
is requested.


13198.5.  It is the legislative intention in enacting this chapter
that the provisions of this chapter and the regulations and building
standards adopted by the State Fire Marshal pursuant to Section 13195
shall apply uniformly throughout the State of California, and no
state agency, county, city and county, or district shall adopt or
enforce any ordinance or rule or regulation regarding automatic fire
extinguishing systems which is inconsistent with the provisions of
this chapter or the regulations and standards adopted by the State
Fire Marshal.


13199.  Any person who violates any provisions of this chapter or
any regulation or building standard adopted by the State Fire Marshal
pursuant to Section 13195 is guilty of a misdemeanor punishable by a
fine of not more than ten thousand dollars ($10,000), or by
imprisonment for not more than six months, or by both such fine and
imprisonment.
   A person is guilty of a separate offense each day during which he
or she commits, continues, or permits a violation of this chapter or
any regulation or building standards adopted pursuant to this
chapter.