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HomeMy WebLinkAboutMINUTES - 03131990 - 2.5 2 . 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 13 , 1990 , by the following vote: AYES: Supervisors Powers , McPeak, Torlakson, Fanden NOES: None ABSENT: Supervisor Schroder ABSTAIN:. None SUBJECT: Regulation of Portable Fire Extinguishers Within Fire Districts The Board received the March 2 , 1990 report from County Counsel relative to regulation of the use of chlorofluorocarbons (CFS' s ) in portable fire extinguishers in those portions of fire districts which lie within incorporated towns and cities . A copy of the report is attached and included as a part of this document. IT IS BY THE BOARD ORDERED that the report is REFERRED to the Environmental Affairs Committee. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: �� ��`� / a' L �v PHIL BATCHELOR,Clerk of the Board J,0' of Suupervisors and County Administrator By .Deputy cc: Environmental Affairs Cte. j County Counsel County Administrator r a. s COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 2, 1990 To: Board of Supervisors From: Victor J. Westman, County Counsel By: Diana J. Silver, Deputy County C u el Re: Fire Protection Districts' Authority to Regulate Portable Fire Extinguishers Within their Districts SUMMARY: You have asked whether the Board-governed Fire Protection Districts have the authority to regulate the use of chloro- fluorocarbons (CFC's) in portable fire extinguishers in those portions of their respective districts which lie within incorporated towns and cities . Our response is that Board-governed Fire Protection Districts have the same authority throughout their respective districts, whether or not portions of districts lie within incorporated or unincorporated areas . DISCUSSION: To the extent Fire Protection Districts have the power to regulate portable fire extinguishers, 1 their authority exists throughout the territory of each respective fire protection district: "Any territory, whether incorporated or unincorporated, whether contiguous or non-contiguous, may be included in a [fire protection] district. " (Health & Saf . Code §13810; see generally Fire Protection District law of 1987, Health & Saf . Code S 13800 et seq. ) . The Board of Supervisors, as the board of directors for a number of fire protection districts in the County, has adopted the 1988 Uniform Fire Code by reference with certain changes, additions, and deletions (see Ords . No. 89-64 - 89-76 ) . Under the Uniform Fire Code, the fire chief of each fire protection district is authorized to designate the type and number of fire appliances, including fire extinguishers, to be installed and maintained in all buildings, other than private dwellings, within the district's jurisdiction (UFC S 10 . 301(a) ) . 1 We assume that since your question concerns the use of CFC' s in fire extinguishers, you are concerned only with portable fire extinguishers, not automatic fire extinguisher systems . J Board of Supervisors -2- March 2, 1990 The Uniform Fire Code specifically prohibits certain chemicals, e.g. , vaporizing liquid extinguishers containing carbon tetrachloride or chlorobromomethane. Extinguishers containing CFC's are not expressly prohibited (see UFC 10 . 303(a) ) . It is our opinion that the fire chief in each fire protection district may prohibit the use of CFC's in fire extinguishers under the general authority of Uniform Fire Code section 10 . 301(a) , discussed above. Any governmental agency, including counties and districts, may enforce their ordinances, regulations and orders in their respective areas of jurisdiction relating to the number, size, and type of portable fire extinguishers required to be installed or provided (Health & Saf . Code § 13190 . 2) . Under section 13190 . 2, these agencies may also enforce the State Fire Marshal's regulations relating to the care, maintenance, and frequency of servicing, charging, and testing of portable fire extinguishers . Generally, the State Fire Marshal regulations are enforceable by the State Fire Marshal and the fire protection district chiefs and their representatives in their respective areas of jurisdiction (19 Cal. Code Regs . 1 . 12 ) . These regulations are intended to set forth minimum standards throughout the State and are not intended to abrogate local ordinances (19 Cal . Code Regs . 1 . 07 ) . They do not apply to matters dealing exclusively with health and sanitation. ( 19 Cal . Code Regs . 1 . 03) . California fire marshal statutes (Health & Saf . Code § 13100 et seq. ) and regulations are intended to apply uniformly throughout the state (Health & Saf . Code § 13161 ) . Counties, cities and districts are not to adopt or enforce any ordinances, rules or regulations regarding portable fire extinguishers inconsistent with the statutes and regulations (Health & Saf . Code § 13161 ) . The applicable statutes generally refer to the regulations adopted by the State Fire Marshal (see Health & Saf . Code §§ 13160, 13190 . 2) . The relevant fire marshal regulations generally concern the testing and servicing of portable fire extinguishers and establish minimal standards for same. We find no inconsistency as the State fire marshal statutes and regulations relating to portable fire extinguishers (Health & Saf . Code § 13160 et seq. ) do not regulate the use of CFC' s in portable fire extinguishers . The fire chief of each Board-governed fire protection district, with the approval of the Board of Supervisors, may make and enforce rules and regulations necessary for the prevention and control of fires and fire hazards (UFC § 2 . 102) . Pursuant to this authority, the Board of Supervisors may approve regulations prepared by fire chiefs in Board-governed fire protection districts which prohibit the use of CFC's in portable fire extinguishers . Board of Supervisors -3- March 2, 1990 CONCLUSION• It is our opinion that the fire chief of each respective fire protection district, subject to the Board of Supervisors' approval, has the authority to regulate the use of CFC's in portable fire extinguishers, where required, throughout each respective fire protection district, including portions of incorporated cities within a district. Local regulation of CFC's in portable fire extinguishers appears permissible as we have found no inconsistency with state law or regulation. 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