![]() In the Division's view, Regulation 5144, subdivision (g), requires only two persons to be on the job when atmospheres immediately hazardous to life or health are encountered-one person to stand by in a location unaffected by likely incidents and the other to encounter the dangerous atmosphere itself. § 651 et seq.) Even if a state mandate were involved, the Division contended, Arcade's interpretation of the regulation was erroneous. In opposition to Arcade's claim, the Division maintained that any costs incurred as a result of Regulation 5144, subdivision (g), were federally mandated because the state regulation merely implemented a federal regulation under the 1979 Federal Occupational Safety and Health Act. After its effective date, Arcade interpreted the regulation to mandate a minimum firefighting team of at least three persons equipped with respiratory equipment, one of whom was required to stand by outside a burning structure while the other two operated together under the "buddy system." In support of this interpretation, Arcade presented evidence that Division inspectors had previously informed local fire protection districts that Regulation 5144, subdivision (g), requires a minimum of three fire fighters at the scene. Prior to the 1974 effective date of Regulation 5144, subdivision (g), Arcade was unaware of any standby requirement and used only two-person teams in its engine companies. Arcade also presented evidence that the buddy system is considered essential to the safety of both firefighters and the public and is practiced by firefighting agencies nationwide. 3Īt the administrative hearing, Arcade established that it has always adhered to a practice, known as the "buddy system," whereby two firefighters enter a burning structure together. Standby persons, at least one of which shall be in a location which will not be affected by any likely incidents, shall be present with suitable rescue equipment including self-contained breathing apparatus." fn. Communications shall be maintained between both or all individuals present. As amended effective October 14, 1978, the regulation provides: "In atmospheres immediately hazardous to life or health, at least two persons equipped with approved respiratory equipment shall be on the job. Regulation 5144, subdivision (g), was first adopted by the Division effective August 11, 1974. Specifically excluded from the definition of "'osts mandated by the State'" are "'osts mandated by the federal government'" as defined in section 2206 and former section 2253.2, subdivision (b)(3) (repealed Stats. (c) Any executive order issued after January 1, 1973, which (i) implements or interprets a state statute and (ii), by such implementation or interpretation, increases program levels above the levels required prior to January 1, 1973." An "'executive order'" includes a regulation issued by a state agency such as the Division (§ 2209, subd. Section 2207 defines reimbursable "'Costs mandated by the state.'" They include "any increased costs which a local agency is required to incur as a result of. Code, § 17561.) Arcade claimed it incurred additional manpower costs during fiscal years 80 as a result of Regulation 5144, subdivision (g), and that these costs were mandated by the state within the meaning of section 2207. 2 A local governmental agency (§ 2211), Arcade sought state reimbursement under former section 2231. On October 8, 1980, Arcade Fire District (Arcade) filed a test claim with the State Board of Control (Board) asserting that title 8, section 5144, subdivision (g), of the California Administrative Code (hereafter referred to as Regulation) imposed additional manpower requirements upon it and other local fire protection districts beyond service levels required prior to January 1, 1973. 1 With respect to the period of time in issue, we conclude that the regulation does not create reimbursable state-mandated costs. In this appeal we consider whether a safety regulation promulgated by the Division of Occupational Safety and Health (Division) of the Department of Industrial Relations mandates increased costs to local government such that they are reimbursable under the provisions of Revenue and Taxation Code section 2201 et seq. Geoghegan, Deputy Attorneys General, for Defendant and Respondent. Eugene Hill, Assistant Attorney General, Jeffrey J. Margaret Cloudt for Plaintiff and Respondent. ![]() Scott for Real Party in Interest and Appellant. J., with Regan and Sparks, JJ., concurring.) STATE BOARD OF CONTROL, Defendant and Respondent ARCADE FIRE DISTRICT, Real Party in Interest and Appellant. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, Plaintiff and Respondent, v.
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