Fire and Life Safety
Frequently Asked Questions & Verified Answers
The purpose of this publication from the Office of the State Fire Marshal (OSFM) and the
Division of the State Architect (DSA) is to provide information and clarification to members of
local fire authorities (LFA) and school agencies regarding the issues for which our two state
agencies have received frequent inquiries.
BACKGROUND
DSA’s involvement with Fire and Life Safety review of public schools derives from
Government Code Section 14963, enacted in 1992, which states, “The duties and functions
formerly conducted by the State Fire Marshal that relate to construction, school, plan
checking, and construction inspection are hereby transferred to the Office of the State
Architect.”
The qualifications for the personnel reviewing fire and life safety aspects of school
construction projects at DSA are the same as the qualification required by the OSFM staff.
JURISDICTION QUESTIONS
1. Question: Are local ordinances applicable to K-12 public schools and community
colleges?
Answer: No. Per Title 19 California Code of Regulations, Division 1, Chapter 1,
Subchapter 1, Section 1.07 and court decision, Hall vs. City of Taft, local building
ordinances, with the exception of certain zoning provisions, do not apply to K-12 public
school facilities and community colleges.
2. Question: Are public schools subject to zoning ordinances?
Answer: Yes. Per Government Code Section 53091-53097 school districts shall comply
with city or county zoning ordinances for drainage improvement, road improvement or
grading ordinances or from conditions relating to the provision of onsite improvements
when such ordinance makes provision for the location of public schools, and the city or
county has adopted a general plan. However, the governing board of the school district
may render a city or county zoning ordinance inapplicable to proposed classroom facilities
by vote of 2/3 of its members.
3. Question: Are fire hazard severity zones established by the LFA applicable to public
schools and community colleges?
Answer: Yes. The Government Code and Public Resources Code permit the LFA to
amend the CAL FIRE fire hazard maps by establishing local fire hazard severity zones.
Such an amendment must be submitted to, and approved by, the CAL FIRE director.
, California Schools (K-14) Fire and Life Safety Frequently Asked
Questions
4. Question: When a local fire hazard severity zone is established by the LFA and
approved by the CAL FIRE Director, are more restrictive local building code
amendments applicable to public schools and community colleges?
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CAL FIRE OFFICE OF THE STATE FIRE MARSHAL
Answer: No, unlike the provisions permitting the LFA to establish local fire hazard severity
zones, per Hall v City of Taft local ordinances are not applicable to public schools (See
C.C.R. Title 19, Section 1.07). Public school and community college construction within a
designated fire hazard severity zone are only required to comply with Chapter 7A of the
California Building Code (CBC).
5. Question: Are charter schools subject to local ordinances?
Answer: Yes, but only if the school is located outside the geographical jurisdiction of the
school district. Per Government Code Section 53097.3, “No school district may render a
city or county ordinance inapplicable to a charter school facility pursuant to this article,
unless the facility is physically located within the geographical jurisdiction of that school
district.”
PLAN REVIEW QUESTIONS
6. Question: What involvement does the LFA have during plan review?
Answer: The design professional (DP) is responsible for determining if a project location
is within a designated hazardous fire area, and compliance with C.C.R. Title 19 and Title
24 requirements associated with water supply (fire flow) and fire department emergency
access. The DP must contact the LFA to obtain information pertaining to hazardous fire
area location, and water supply availability. When fire department access and water
supply requirements cannot be achieved, the design professional must submit proposed
design alternates to the local fire authority (LFA) for review and acceptance.
7. Question: When is LFA involvement required.
Answer: The LFA is requested to review proposed design alternates for:
• Fire department access roads, fire lane markings, pavers, and gate entrances.
• Fire hydrant locations and distribution.
• Water supply requirements for fire flow (see DSA Policy 09-01)
• Automatic fire sprinkler systems, locations of post indicator valves and fire
department connections.
8. Question: How does DSA resolve code application issues?
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THE STATE FIRE MARSHAL