HomeMy WebLinkAboutItem 6i. Acknowledge Fire Departments compliance with CA Health and Safety Code 13146.2 and 13146.3 pursuant to Senate Bill 1205 (SB1205) Item 6i
Department: Fire
Cost Center: 8503
For Agenda of: 6/6/2023
Placement: Consent
Estimated Time: N/A
FROM: Todd Tuggle, Fire Chief
Prepared By: Rodger Maggio, Fire Marshal
SUBJECT: ADOPTION OF A RESOLUTION ACKNOWLEDGING RECEIPT OF A
REPORT ON THE SAN LUIS OBISPO FIRE DEPARTMENT’S
COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 13146.2 AND 13146.3 PURSUANT TO SENATE BILL 1205
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, acknowledging receipt of a report on the San Luis Obispo Fire
Department’s compliance with California Health and Safety Code Sections 13146.2 and
13146.3 pursuant to Senate Bill 1205.”
POLICY CONTEXT
On January 1, 2019, California Senate Bill 1205 (SB1205) went into effect, and added a
new section to the California Health and Safety Code which affects every fire department
or fire district in the State. Existing State law requires every fire department and district
providing fire protection services to inspect every building used as a public or private
school annually (Health and Safety Code section 13146.3.) This same annual inspection
requirement is applicable to hotels, motels, lodging houses, and apartment/condomi nium
buildings. (Health and Safety Code section 13146.2.)
With the signing of SB 1205, the California Health and Safety Code was amended by
adding Section 13146.4, which mandates that all fire departments required to perform
annual inspections pursuant to Sections 13146.2 and 13146.3 shall report annually to its
administering authority its compliance with Sections 13146.2 and 13146.3. The report is
to be made during budget decisions or at another time as determined by the administering
authority (in this case, the City Council.)
Discussion & Report on Compliance
Annually, the San Luis Obispo City Fire Department is required to conduct inspections of
all public and private schools, hotels, motels, lodging houses, and
apartment/condominium buildings (three units or more) in accordance with the California
Health and Safety Code Section 13146.2 and 13146.3. The purpose of annual fire
inspections is to mitigate known hazards, reduce risk to the community and ensure
reasonable compliance with the California Fire Code.
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Item 6i
State law allows local jurisdictions to collect a fee from the owner of the inspected
structure to recover costs associated with the inspection mandate of Health and Safety
Code section 13146.2. In calendar year 2022, the San Luis Obispo City Fire Department
inspected 504 of 607 hotels, motels, condominiums, sorority/fraternity and apartment
buildings, for the purpose of the resolution these occupancies are defined as Group R . In
FY 2021-22, the City realized $329,129 in fees collected for these inspections (pursuant
to the City’s adopted Comprehensive Fee Schedule in effect for FY 21 -22), with $357,525
projected for FY 2022-23. Construction projects that received Certificates of Occupancy
in FY 2022-23 are expected to add an additional $5,148 in inspection fee revenue. In
support of the City’s affordable housing goals, the City does not charge inspection fees
for units that are built, owned, and managed by the housing authority, other government
agencies or not-for-profit agencies. The amount of revenue not collected as a result of
this directive is $25,233.
California Health and Safety Code Section 13146.3 mandates that the local fire
department inspect all public and private schools once annually, defined as Group E for
purposes of this resolution. In calendar year 2022 the San Luis Obispo City Fire
Department inspected 19 of 26 school and commercial daycare facilities. While H eath
&Safety Code 13146.3 allows local jurisdictions to collect a fee for conducting these
mandated inspections, the City currently does not charge for these.
The Fire Department completed 82.6% of its annual inspections of all known mandated
buildings for calendar year 2022. In total, the Fire Department conducted 523 of 633
mandated annual inspections. This d oes not include the numerous re-inspections. Fire
Prevention Bureau staff continue to conduct re-inspections in response to deficiencies
observed during initial inspections.
The acceptance of this compliance report and the recommended Resolution fulfill t he
statutory requirements contained in California Health and Safety Code Section 13146.2,
as added by SB1205.
CONCURRENCES
None required.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines.
FISCAL IMPACT
There are no fiscal impacts with the filing and acceptance of this report.
Budgeted: No Budget Year: 2022-23
Funding Identified: Yes
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Item 6i
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
$0 $0 $0 $0
Total $0 $0 $0 $0
There is no cost associated with generating this report.
ALTERNATIVES
1. The Council could decide not to accept the report on the San Luis Obispo Fire
Department’s compliance with California Health and Safety Code Sections
13146.2 and 13146.3. This is not recommended as the report and acknowledgment
of its receipt is required by California Health and Safety Code Section 13146.4
(SB1205.)
2. The Council could designate an alternative time to receive these annual reports
from the Fire Department. This is not recommended, as it makes most sense to
prepare and submit these reports in concurrence with the annual budget-making
process.
ATTACHMENTS
A - Draft Resolution acknowledging Fire Department compliance with SB1205 and CA
Health and Safety Code 13146.4
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R ______
RESOLUTION NO. _______ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT
ON THE SAN LUIS OBISPO FIRE DEPARTMENT’S COMPLIANCE
WITH CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2
AND 13146.3 PURSUANT TO SENATE BILL 1205
WHEREAS, Section 13146.4 was added to the California Health and Safety
Code in 2018 by Senate Bill 1205, and became effective January 1, 2019; and
WHEREAS, California Health & Safety Code Section s 13146.2 and 13146.3
require all fire departments, including the San Luis Obispo City Fire Department, that
provide fire protection services to perform annual inspections in every building used as
a public or private school, hotel, motel, lodging house, apartments house, and certain
residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire
departments, including the San Luis Obispo City Fire Department, that provide fire
protection services to report annually to its administering authority its compliance with
California Health and Safety Code Sections 13146.2 and 13146.3.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Recitals. All of the above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Acknowledgment. The Fire Department’s annual report of
compliance with California Health and Safety Code Sections 13146.2 and 13146.3 is
received as follows.
EDUCATIONAL (GROUP E) OCCUPANCIES (Health & Safety Code 13146.3):
Educational Group E occupancies are generally those public and private
schools, used by more than 6 persons at any one time for educational purposes
through the 12th grade, inclusive of commercial daycare centers. Within the City,
there are 26 known Group E occupancies or facilities.
During Calendar year 2022, the Department completed the annual inspection of
19 Group E occupancies. This is a compliance rate of 73.1% for this reporting
period.
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Resolution No. ______ (2023 Series) Page 2
R ________
RESIDENTIAL GROUP R OCCUPANCIES (Health & Safety Code 13146.2):
Residential Group R occupancies, for the purpose of this resolution, are
generally those occupancies containing sleeping units, including hotels, motels
sorority/fraternity houses, Assisted Living facilities, and apartments (three or
more units). Within the City, there are 607 known Group R occupancies of this
nature.
During calendar year 2022, the Department completed the annual inspection of
504 Group R occupancies. This is a compliance rate of 83% for the reporting
period. In FY 2021-22, the City realized $329,129 in fees collected for these
inspections (pursuant to the City’s adopted Comprehensive Fee Schedule in
effect for FY 21-22 and as authorized by statute.)
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted on the ____ day of ________, 2023.
_____________________________
Mayor Erica A. Stewart
ATTEST:
________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_________________________
Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, on _____________________.
_______________________________
Teresa Purrington, City Clerk
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