California Code of Regulations
Title 19 - Public Safety
Division 1 - State Fire Marshal
Chapter 8 - Regulations Relating to Flame Retardant Chemicals, Fabrics and Application Concerns
Article 11 - Violations and Penalties
Section 1350 - Statutory

Universal Citation: 19 CA Code of Regs 1350

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 13123 of the State Health and Safety Code provides that "The State Fire Marshal shall remove from his approved list the name of any flame-retardant chemicals, flame-retardant fabric or material or any flame-retardant application concern where he finds after a hearing that any of the following causes exists:

" (a) Selling or offering for sale a flame-retardant chemical or a flame-retardant material that is inferior to that submitted for test and approval."

" (b) Distributing or disseminating or causing to be distributed or disseminated, misleading or false information with respect to any flame-retardant chemical, fabric or material."

" (c) Changing the flame-retardant chemical formula or methods of flame-retardant treatment without first notifying the State Fire Marshal of such change and obtaining approval of same."

" (d) Using other than chemicals shown on the State Fire Marshal's approved list."

" (e) Using chemicals for the treatment of materials for which they have not been approved."

" (f) Failure to adequately and properly treat a fabric or material to make it fire resistant to the extent that it will successfully pass the fire resistance tests established by the State Fire Marshal."

" (g) Violating any minimum standard or any rule or regulation adopted pursuant to Section 13120."

"The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the State Fire Marshal shall have all the powers granted therein. Pending hearing and decision the State Fire Marshal may temporarily remove any name from his approved list for a period not to exceed 30 days, if he finds that such action is required in the public interest. In any such case the order of temporary removal shall be effective upon notice to the persons affected thereby, and a hearing shall be held and a decision issued within 30 days after such notice."

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