13190.1-13190.4

HEALTH AND SAFETY CODE
SECTION 13190.1-13190.4




13190.1.  Except as provided in this article, 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 the number, size, and type of portable fire
extinguishers required to be installed or provided. Such agencies
may, in their respective areas of jurisdiction, also enforce the
regulations adopted by the State Fire Marshal relating to care,
maintenance, and frequency of servicing, charging, and testing of
portable fire extinguishers.
   Nothing in this article shall diminish the enforcement
responsibility and authority conferred upon any governmental agency
pursuant to any other state statute.



13190.3.  Any portable fire extinguisher that is required to be
installed by any statute or ordinance shall be maintained in
accordance with the regulations adopted pursuant to Section 13160.
   (a) The owner or occupant of a property in which fire
extinguishers are located shall be responsible for the inspection,
maintenance, and recharging of the fire extinguishers.
   (b) Maintenance, servicing, and recharging shall be performed by
concerns licensed by the State Fire Marshal having available the
appropriate servicing manual, the proper types of tools, recharge
materials, lubricants, and manufacturer's recommended replacement
parts or parts of equal quality.



13190.4.  Every person who violates any provision of this chapter or
any regulation adopted by the State Fire Marshal pursuant to Section
13160 is guilty of a misdemeanor punishable by a fine of not more
than one thousand dollars ($1,000), or by imprisonment for not more
than six months, or by both such fine and imprisonment.
   A person is guilty of a separate offense each day during which he
commits, continues, or permits a violation of this chapter or of any
regulation adopted pursuant to this chapter.