SECTIONS 700-716 - California Statutes

PUBLIC RESOURCES CODE

SECTION 700-716

700. As used in this chapter:
(a) "Board" means the State Board of Forestry and Fire Protection.
(b) "Department" means the Department of Forestry and Fire
Protection.
(c) "Director" means the Director of Forestry and Fire Protection.

701. (a) There is in the Resources Agency the Department of
Forestry and Fire Protection, which is under the control of an
executive officer known as the Director of Forestry and Fire
Protection. The director is appointed by the Governor and holds
office at the pleasure of the Governor. The appointment of the
director is subject to confirmation by the Senate at the next regular
or special session of the Legislature, and the refusal or failure of
the Senate to confirm the appointment shall create a vacancy in the
office. The director shall receive an annual salary as provided by
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code.
(b) There shall be one Deputy Director of Forestry and Fire
Protection appointed by the director who shall be exempt from civil
service.
(c) There shall be one Deputy Director of Forestry and Fire
Protection appointed by the director in accordance with the State
Civil Service Act who shall be a registered professional forester.
(d) The deputy directors shall have duties as assigned, from time
to time, by the director, and they shall be responsible to the
director for the performance of those duties.

701.5. Notwithstanding Section 701, Section 12805 of the Government
Code, or any other provision of law, on and after January 1, 1987,
the Department of Forestry shall be the Department of Forestry and
Fire Protection.
On and after that date, any reference to the Department of
Forestry is deemed to be to the Department of Forestry and Fire
Protection and any reference to the Director of Forestry is deemed to
be to the Director of Forestry and Fire Protection.
No existing supplies, forms, insignias, signs, or logos shall be
destroyed or changed as a result of this name change, and they shall
continue to be used until exhausted or unserviceable.

701.6. (a) Notwithstanding any other provision of law, on and after
January 1, 2007, the Department of Forestry and Fire Protection may
be referred to, where appropriate and as determined by the director,
as CAL-FIRE.
(b) No existing supplies, forms, insignias, signs, or logos shall
be destroyed or changed as a result of the authorization to use
CAL-FIRE where appropriate to refer to the department, and they shall
continue to be used until exhausted or unserviceable.

702. (a) Pursuant to Section 13100 of the Health and Safety Code,
there is within the department the Office of the State Fire Marshal.
(b) There shall be a Chief Deputy Director of Forestry and Fire
Protection who shall administer the Office of the State Fire Marshal
and who shall be known as the State Fire Marshal. The State Fire
Marshal shall be appointed pursuant to Section 13101 of the Health
and Safety Code.
(c) The State Fire Marshal may, with the approval of the director,
appoint assistant or deputy state fire marshals and employ office
and field assistants and other employees pursuant to Sections 12551,
13102, and 13103 of the Health and Safety Code.
(d) There is within the Office of the State Fire Marshal the State
Board of Fire Services, established pursuant to Section 13140 of the
Health and Safety Code. The State Board of Fire Services shall
advise the State Fire Marshal as provided by law.

705. The department may expend the money in any appropriation or in
any special fund in the State Treasury made available by law for the
administration of the statutes the administration of which is
committed to the department, or for the use, support, or maintenance
of any board, bureau, commission, department, office, or officer
whose duties, powers, and functions have been transferred to, and
conferred upon, the department. Such expenditures by the department
shall be made in accordance with law in carrying out the purposes for
which the appropriations were made or the special funds created.

706. The department shall have possession and control of all
records, books, papers, offices, equipment, supplies, moneys, funds,
appropriations, land, and other property, real or personal, held for
the benefit or use of all bodies, offices, and officers whose duties,
powers, and functions have been transferred to, and conferred upon,
the department.

707. Whenever the department has received and deposited any money
in the State Treasury to the credit of the General Fund in an
excessive amount or in error, or whenever a refund of all or a
portion of such money is due any person, firm, or corporation because
of the termination of an agreement or other lawful reason, payment
of such refund shall be made upon the filing of a claim by the
director with the State Controller. The State Controller shall draw
his warrant for payment of the refund from any appropriation made for
that purpose.

708. For the purpose of disseminating information relating to its
activities, powers, duties, or functions, the department, with the
approval of the Department of General Services, may issue
publications, construct and maintain exhibits, and perform such acts
and carry on such functions as in the opinion of the director will
best tend to disseminate such information.
Such publications may be distributed free of charge to public
libraries and to other state departments and state officers. The
department may exchange copies with contemporary publications.
All money received by the department from the sale of publications
shall be paid into the State Treasury to the credit of the General
Fund.

709. The provisions of Chapter 2 (commencing with Section 11150) of
Part 1 of Division 6 of Title 2 of the Government Code apply to the
director. The director may appoint, in accordance with the State
Civil Service Act, such deputies, officers, and other employees as
may be necessary. The director shall assure an adequate number of
employees who, by reason of their education or professional
qualifications, are equipped to perform the duties required under the
Z'berg-Nejedly Forest Practice Act of 1973, including, but not
limited to, the review of timber harvesting plans and performing the
necessary inspections of timber operations. The director may
authorize any employee of the department, to exercise any power
granted to, or perform any duty imposed upon, the director by the
State Civil Service Act.

710. The director shall have no power to amend or repeal any order,
regulation, ruling, or directive of the board.

711. The director, with approval of the Director of Finance, may
accept on behalf of the department federal grants for the purposes
for which the department is established. Such grants shall be
deposited in the Special Deposit Fund in the State Treasury provided
for by Section 16370 of the Government Code, and may be expended
under such terms and conditions as may be required by the federal
government.

712. Notwithstanding any other provision of this code or of law,
and except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code, on and after January 1, 1980, the Director of Forestry
and Fire Protection, the Department of Forestry and Fire Protection,
or the State Board of Forestry and Fire Protection shall not adopt
nor publish a building standard as defined in Section 18909 of the
Health and Safety Code unless the provisions of Sections 18930,
18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety
Code are expressly excepted in the statute under which the authority
to adopt rules, regulations, or orders is delegated. Any building
standard adopted in violation of this section shall have no force or
effect. Any building standard adopted before January 1, 1980,
pursuant to this code and not expressly excepted by statute from the
provisions of the State Building Standards Law shall remain in effect
only until January 1, 1985, or until adopted, amended, or superseded
by provisions published in the State Building Standards Code,
whichever occurs sooner.

713. The department is responsible for the fire protection, fire
prevention, maintenance, and enhancement of the state's forest,
range, and brushland resources, contract fire protection, associated
emergency services, and assistance in civil disasters and other
nonfire emergencies. Department programs, as made specific in
Division 4 (commencing with Section 4001), are closely related and
interdependent. The department shall coordinate programs of fire
protection, fire prevention, pest control, and forest and range
maintenance and enhancement.

714. The department is responsible for all of the following:
(a) Providing fire protection, fire prevention, pest control, and
forest and range protection and enhancement implements and apparatus
as necessary.
(b) Maintaining an integrated staff to accomplish fire protection,
fire prevention, pest control, and forest and range protection and
enhancement activities as needed.
(c) Establishing and maintaining facilities for the performance of
fire protection, fire prevention, pest control, and forest and range
protection and enhancement activities.
(d) Enforcing forest and fire laws, the Z'berg-Nejedly Forest
Practice Act of 1973 (Chapter 8 (commencing with Section 4511), Part
2, Division 4), and other laws specified in Division 4 (commencing
with Section 4001).

715. The Department of Forestry and Fire Protection, in cooperation
with the California Emergency Management Agency, shall develop a
program to certify active duty military pilots to engage in
firefighting in the state.

716. (a) Notwithstanding any other provision of law, the Department
of Finance may delegate to the department the right to exercise the
same authority granted to the Division of the State Architect and the
Real Estate Services Division in the Department of General Services,
to plan, design, construct, and administer contracts and
professional services for, legislatively approved capital outlay
projects.
(b) Any right afforded to the department pursuant to subdivision
(a) to exercise project planning, design, construction, and
administration of contracts and professional services may be revoked,
in whole or in part, by the Department of Finance at any time.