Section 1302 - Local Fire Prevention Code Enforcement(a) When the department is the enforcement agency, a fire agency, as defined in this chapter, may elect to assume responsibility to enforce its fire prevention code in parks, within its jurisdictional boundaries, by providing the department with a written thirty (30) day notice pursuant to Health and Safety Code section 18691(d).(b) The written notice assuming enforcement responsibilities for fire prevention shall clearly identify the geographical boundaries of the jurisdiction of the fire agency and include the name and address of each park located within these geographical boundaries.(c) The fire agency that has assumed responsibility to enforce its fire prevention code in parks within its jurisdictional boundaries pursuant to this article, shall do all of the following:(1) Enforce its fire prevention code as it applies to each of the following areas: fire hydrant systems, water supply, fire equipment access, posting of fire equipment access, parking, lot identification, weed abatement, debris abatement, combustible storage abatement and burglar bars.(2) Apply its fire prevention code provisions only to conditions: (A) that arise after the adoption of its fire prevention code;(B) not legally in existence at the adoption of its fire prevention code; or(C) that, in the opinion of the fire chief, constitute a distinct hazard to life or property.(3) Upon assuming responsibility to enforce its fire prevention code in parks within its jurisdictional boundaries, the fire agency shall notify all park operators within thirty (30) days of the assumption of enforcement responsibility. (A) This notification shall include identification of the specific applicable codes that will be enforced, where copies of the identified codes may be obtained, and the scope and proposed time frame of any established or proposed inspection program.(B) The park operator shall post a copy of the notification in the park as near as possible to the location where the annual permit to operate is posted in order to advise the occupants of the park of the change in enforcement jurisdiction.(d) A fire agency that has assumed responsibility for enforcement of its fire prevention code, pursuant to this article and Section 18691 of the Health and Safety Code, shall also be deemed to have assumed fire prevention enforcement responsibility within its jurisdictional boundaries for all special occupancy parks, as set forth in Title 25, California Code of Regulations, commencing with Section 2300 and Section 18873.5 of the Health and Safety Code,(e) If a fire agency, that has assumed responsibility to enforce its fire prevention code in parks within its jurisdictional boundaries, decides to cancel its responsibility, it shall provide the following:(1) A written notice to the department not less than thirty (30) days prior to the proposed cancellation date.(2) A written cancellation notice clearly identifying the geographical boundaries of the jurisdiction for which the fire agency is returning enforcement, and includes the name and address of each park located within these geographical boundaries.(3) A written notification to all park operators within its jurisdictional boundaries of the cancellation of enforcement responsibility prior to the date of cancellation of enforcement responsibility. The notice shall contain the date of transfer for enforcement responsibility and a statement to the park operator to post the notice.(A) The park operator shall post a copy of the notification in the park as near as possible to the location where the annual permit to operate is posted in order to advise the occupants of the park of the change in enforcement jurisdiction.(4) Transfer all park records to the department on or before the effective date of the transfer of enforcement responsibility.(f) A fire agency canceling its responsibility for enforcement of its fire prevention code, according to this article and Section 18691 of the Health and Safety Code, shall also be deemed to have canceled its fire prevention enforcement responsibility, within its jurisdictional boundaries, for all special occupancy parks, as set forth in Title 25, California Code of Regulations, commencing with Section 2300 and Section 18873.5 of the Health and Safety Code.Cal. Code Regs. Tit. 25, § 1302
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 1). For prior history, see Register 85, No. 36.
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28). Note: Authority cited: Sections 18300 and 18691, Health and Safety Code. Reference: Sections 18300 and 18691, Health and Safety Code.
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 1). For prior history, see Register 85, No. 36.
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).