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Portabble Fire Extinguishers
CALIFORNIA HEALTH AND SAFETY CODE Extracted from the
Health and Safety Code
Article 1. General Provisions
13160. With the advice of the State Fire Advisory Board,
the State Fire Marshal shall adopt, in accordance with the
provisions of Chapter 4.5 (commencing with Section 11371),
Part 1, Division 3, Title 2, of the Government Code, and administer
such regulations and standards as he may deem necessary for
the protection and preservation of life and property to control
the servicing, including charging and testing, of all portable
fire extinguishers for controlling and extinguishing fires,
and for controlling the sale and marketing of all such devices
with respect to conformance with standards of their use, capacity
t . and effectiveness. In adopting such regulations, L State
Fire Marshal shall consider the standards of the National
Fire Protection Association.
131161. It is the legislative intention in enacting this
chapter that the provisions of this chapter and the regulations
and standards adopted by the State Fire Marshal pursuant to
this chapter shall apply uniformly throughout the State of
California and no county, city, city or county or district
shall adopt or enforce any ordinance or rule or regulation
regarding portable fire extinguishers which is inconsistent
with the provisions of this chapter or the regulations and
standards adopted by the State Fire Marshal pursuant to this
chapter.
13162. No person shall market, distribute or sell any
portable fire extinguisher in this state unless it meets the
following requirements:
(a) It complies with regulations and standards adoptedby the
State Fire Marshal pursuant to Section 13160.
(b) It has been examined by and bears the label of Underwriters'
Laboratories Inc. or another testing laboratory Which is approved
by the State Fire Marshal as qualified to test portable fire
extinguishers. Any testing laboratory approved by the State
Fire Marshal shall have facilities, personnel, and operating
procedures equivalent to those of the Underwriters' Laboratories
Inc.
(c) It does not use as an extinguishing agent any carbon tetrachloride,
chlorbromomethane or methobromide.The State Fire Marshal may
grant reasonable exceptions to this subdivision when the extinguisher
is intended for industrial use in places to which the public
is not invited or admitted. The provisions of this section
apply to the state and any political subdivision thereof.
Article 2. Licensing
13163. No person shall engage in the business of, nor
perform for a fee, the servicing, charging, or testing of
portable fire extinguishers without a license issued by the
State Fire Marshall pursuant to this chapter expressly authorizing
such person to perform such acts.
13164. Application for a license to engage in the business
of, or perform for a fee, the servicing, charging or testing
f portable fire extinguishers st-I-alig6e made in writing
to the State Fire Marshal on forms provided by him and shall
be accompanied by the fees prescribed in this chapter. A separate
application for license shall be made for each separate place
of business location of the applicant for license.
The application shall be signed by the applicant. If the application
is made by a partnership, it shall be signed by each partner.
If the application is made by a corporation or association
other than a partnership, it shall be signed by the principle
officer thereof and, in the case of applications by corporations,
bear the sea[ of the corporation. The application shall also
include written authorization by the applicant permitting
the State Fire Marshal and any of his properly authorized
employees to enter, examine and inspect any premises, building,
room, or establishment used by the applicant in servicing,
charging, or testing portable fire extinguishers to determine
compliance with the provisions of this chapter and the regulations
and standards adopted by the State Fire Marshal pursuant to
Section 13160.
13165. Following receipt of the properly completed
application and prescribed fees, and compliance with the provisions
of this part and the regulations adopted pursuant to Section
13160, the State Fire Marshal shall issue a license.
13166. Original licenses shall be valid from the date
of issuance through December 31st of the year in which issued.
Thereafter, each license shall be renewed annually and renewals
thereof shall be valid from January 1st through December 31st.
13167. Application for renewal shall be made on or
before November 1st of the year in which the current license
expires. Application for renewal shall be made in writing
on forms provided by the State Fire Marshal and shall be accompanied
by the prescribed fees.
13168. The State Fire Marshal may refuse to renew any
license in the same manner and for any reason that he is authorized
pursuant to Article 4 (commencing with Section 13185) of this
chapter to deny an original license. The applicant shall,
upon such refusal, have the same rights as are granted by
Article 4 of the chapter to an applicant for an original li----,e
which has been denied by the State Fire Martial.
13169. Every licensee shall notify the State Fire Marshal
at his Sacramento office in writing within 15 days of any
change of his address.
13170. Any advertisement of the servicing, charging,
or testing of portable fire extinguishers constitutes prima
facie evidence that the premises, business, building, room,
shop, store or establishment in or upon which it appears,
or to which it refers, is a separate place of business location.
13171. No licensee shall conduct his licensed business
or solicit business under a name other than a name or names
which appears on his license.
13172. The State Fire Marshall shall without cos t, annually
notify the chief fire official of each local fire authority
of the name, address and license number of each firm that
is licensed pursuant to this chapter. Upon request, single
copies of such list shall be furnished, without cost, to a
licensed person.
13173. The holder of any license shall submit such
license for inspection upon request of the State Fire Marshal,
any of his properly authorized employees, or any local fire
official.
13174. Every licensed person shall annually, within
seven days of employment and within seven days of termination
of employment, report to the State Fire Marshal at his Sacramento
office, the name, address, and certificate of registration
number, if any, of every natural person performing any act
of servicing, charging, or testing portable fire extinguishers
for such licensed person.
Article 3. Certificates of Registration
13175. No natural person shall service, charge, or test
any portable fire extinguisher without a certificate of registration
issued by the State Fire Marshal pursuant to this chapter
expressly authorizing such person to perform such acts.
The provisions of this article apply to the state, the Regents
of University of California, a county, city, district, public
authority, and any other political subdivision or public corporation
in this state.
13175.1. The provisions of this article shall not apply
to any person servicing, charging, or testing any portable
fire extinguisher owned by such person when the portable fire
extinguisher is not required by any statute, regulation, or
ordinance, to be provided or installed.
The provisions of this section shall not prohibit the servicing.
charging, or testing of oaf portable fire extinguishers by
new employees licensed person for a period not to exceed 90
days provided such servicing, charging or testing is conducted
in the presence of an-d 6nder the direct supervision of a
natural person holding a valid certificate of registration.
13176. Application for a certificate of re registration
to service, charge or test portable fire extinguishers shall
be made in writing to the State Fire Marshal on forms provided
by him and shall be accompanied by the fee prescribed in this
chapter ' The application shall be signed by the applicant.
13177. The State Fire Marshal shall require al! applicants
for a certificate of registration to take and pass a written
examination which may be supplemented by practical tests when
deemed necessary, to determine the applicants knowledge of
servicing charging and testing of portable fire extinguishers.
13178. Following receipt of the properly completed application
and prescribed fee, and the completion of the required examination,
the State Fire Marshal shall issue a certificate of registration.
13179. original certificates of registration shall
be valid from the date of issuance through December 31st of
the year in which issued. Thereafter, each certificate of
registration shall be renewed annually and renewals thereof
shall be valid from January Ist through December 31st.
13180. Application for renewal shall be made on or
before November IST of the year in which the current certificate
of registration expires. Application for renewal shall be
made in writing on or ms provided by the State Fire Marshal
and shall be accompanied by the prescribed fee.
13181. The St ate F, re Marshal may refuse to renew
any certificate of registration in the same manner and for
any reason that he is authorized pursuant to Article 4 (commencing
with Section 13185) of this chapter to deny an original certificate
of registration. The applicant shall, upon such refusal, have
the same rights as granted by Article 4 of this chapter to
an applicant for an original certificate of registration which
has been denied by the State Fire Marshal.
13182. Every certificate of registrar holder shall
notify the State Fire Marshal at Sacramento office in writing
within 15 days of I change of his address.
13183. Every natural person who service charges, or tests
any portable fire extinguish shall affix a tag to the serviced
unit. Such t shall indicate the date upon which the service
wo was performed and it shall bear the signature such natural
person, and other information specified by the State Fire
Marshal.
13184. The holder of a certificate registration shall
submit such certificate G inspection upon request of the State
Fire Marsha any of his properly authorized employees, or an
local fire official.
Article 4. Denial, Revocation, and Suspension
13185. The issuance of a license of certificate of registration
may be denied by the State Fire Marshal for any of the following
reasons:
(a) The applicant is not the real person in interest.
(b) Material misrepresentation or false statement in
the application.
(c) Refusal to allow inspection by the State Fire Marshal
or his duly authorized employees.
(d) The applicant for a license does not have the proper
or necessary facilities, including qualified personnel, to
conduct the operations fori which application is made.
(e) The applicant for a certificate of p, registration
does not possess the qualifications of' skill or competence
to conduct the operations for which application is made as
evidenced by failure to pass the examination pursuant to Article
3 (commencing with Section 13175) of this chapter.
(f) Refusal to take the examination required by Section
13177 of this chapter.
(g) The applicant has been convicted of a violation
of the provisions of this chapter of the regulations adopted
by the State Fire Marshal pursuant to this chapter.
13186.Within 30 days after receipt! t of notice of denial
sent by the State Fire Marshall by registered or certified
mail to the applicant's last address of record, the applicant
may file with the State Fire Marshal a request for statement
of issues. Such request shall not be deemed an answer to the
statement of issues, a request for a hearing, or a notice
of defense. Unless the State Fire Marshal files a statement
of issues regarding the denial of the application within 30
days after the time filing of such request, the license or
certificate o? registration shall be issued.
13187. When a statement of issues has been so filed,
the State Fire Marshal may order denial pursuant to Chapter
5 (commencing with Section 11500), Part 1, Division 3, Title
2 of the Government Code.
13188. A license or certificate of registration may be
suspended or revoked by the State Fire Marshal pursuant to
Chapter 5 (commencing with Section 11500), Part 1, Division
3, Title 2 of the Government Code, for any of the following
reasons:
(a) The applicant is not the real person in interest.
(b) Material misrepresentation or false statement
in the application.
(c) Violation of any provision of this chapter or
any regulation adopted by the State Fire Marshal pursuant
to this chapter.
Article 5. Fees
13189. (a) Except as otherwise provided in subdivision
(b), the original and annual renewal fee for any license or
a certificate of registration is-sued pursuant to this chapter
shall be as follows:
REFER TO STATE FIRE MARSHALL FOR FEES
13190. No special fee other than that charged for an ordinary
business license shall be charged for any natural person,
corporation, firm, or association, by any. city, county, city
and county or fire protection district, for the privilege
of performing acts involving servicing, charging or testing
of portable fire extinguishers.
Article 6. Enforcement
13190.1. Except as provided in this articlef the State
Fire Marshal shall enforce in all areas of the state, the
provisions of this chapter and the regulations and standards
adopted by him pursuant to Section 13160.
The provisions of this chapter and the regulations and standards
adopted by the State Fire Marshal pursuant to Section 13160
shall not apply to any firm or corporation not engaged in
the business of servicing, charging or testing portable fire
extinguishers and that maintains its own fully equipped and
specially staffed fire prevention and protection department,
or to any employee of any such firm or corporation while acting
in the scope of his employment.
13190.2. Any governmental agency, including the state,
and any city, county, district, or any other political subdivision
or public corporation of the state, may, in their respective
areas of jurisdiction, enforce ordinances, regulations, and
orders adopted by such agency relating to number, size, and
type of portable extinguishers required to be installed or
provi Such agencies may, in their respective area jurisdiction,
also enforce the regulations ado by the State Fire Marshal
relating to c maintenance, and frequency of servicing, charg
and testing of portable fire extinguishers.
Nothing in this article shall diminish enforcement responsibility
and authority confer upon any governmental agency pursuant
to any ol state statute.
13190.3. Any portable fire extinguis that is required
to be installed by any statute ordinance shall be maintained
in accordance with regulations adopted pursuant to Section
13160 this code.
13190.4. Every person who violates a provision of this
chapter or any regulation adopt @y the State Fire Marshal
pursuant to Section 13' is guilty of a misdemeanor punishable
by a fine not more than one thousand dollars ($1,000), or
isonment for not more than six months, or I such fine and
imprisonment.
A person is guilty of a separate offense each day during which
he commits, continues, or permits violation of this chapter
or of any regulatiion adopted pursuant to this chapter.
Article 17. Dry Chemical Extinguishers
606. Construction. Extinguisher shall be constructed,
tested and labeled in accordance with the provisions contained
in Standandrds for Fire Safety as shown in Table NO 1 of this
subchapter.
606.1. Recharge.
(a) At each yearly service, the extinguisher shall
be emptied and the dry chemical shall be checked to be sure
it is in a freely running, powdery condition.
Exception 1. Factory sealed disposable (non- refillable) extinguishers.
(b) Cartridges of one to thirty pound cartriage operated
extinguishers shall be replaced when the loss of weight as
compared with the original weight as stamped on the cartridge
is equal to or is more than the following:
Type and Size of Extinguisher Loss
(A) Dry Chemical
(B-C classification) 1/4 ounce
(B) Multii Purpose
(A-B-C classification) As permitted in instructions
on name plate.
(C) Cylinders of wheeled cylinder operated dry chemiucal
extinguishers shall maintain a pressure of not less than 1,500
psi. Whelled pressurized dry chemical extinguishers shall
maintain proper expelling pressure as indicated on the pressure
gauage.
History: 1.Amendment filed 4-16-64; effective thirtieth
day thereafter (Register 64, No. 8).
606.2. Prohibited Use of Water. Other than as required
for a hydrostatic test, water shall not be used in these extinguishers.
606.3. Prohibited Location. Extinguishers of this type
should not be located where the ambient temperature will exceed
1200 F.
606.4. Intermixing of Chemicals.
(a) The use of chemicals approved for multi-purpose
extinguishers (A. B C extinguishers) is prohibited in extinguishers
of, a dry chemical type (13, C extinguishers).
(b) The use of chemicals approved dry chemical extinguishers
(B,C extinguishers) is prohibited in extinguishers of the
multi-purpose type (A, B, C extinguishers).
(c) Chemicals other than those furnished by the manufacturer
and cartridges other than those originally produced by the
manufacturer shall not be used in dry chemical extinguishers.
Article 18. Liquefied Gas Extinguishers
(Halogenate Extinguishing Agents)
607. Construction. Every liquid gas extinguuisher shall
conform to the provsions of Section 13162 of the Health and
Safety Code..
History: 1. Amendment filed 8-8-75; effective thirtieth
day thereafter (Register 75, No. 32).
607.1.Recharge. When the cylinder of such extinguishers
shows a loss of weight of 5 percent or more of the rated capacity
as compared with the weight shown on the extinguisher or on
the label attached to the extinguisher, the cylinder assembly
shall be replaced.
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