Fire Extinguishers

Portable 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.