HomeMy WebLinkAboutItem 6d. Acknowledge compliance with CA Health & Safety Code Sections 13146.2, 13146.3 pursuant to Senate Bill 1205 Item 6d
Department: Fire
Cost Center: 8503
For Agenda of: 3/19/2024
Placement: Consent
Estimated Time: N/A
FROM: Todd Tuggle, Fire Chief
Prepared By: Nicole Vert, Business Analyst
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 that 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/condominium
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
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
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Item 6d
inspections is to mitigate known hazards, reduce risk to the community and ensure
reasonable compliance with the California Fire Code.
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 2023, the San Luis Obispo City Fire Department
inspected 504 of 607 hotels, motels, condominiums, sorority/fraternity and apartment
buildings, which for the purpose of the resolution, these occupancies are defined as
Group R. In FY 2022-23, the City realized $356,192 in fees collected for these inspections
(pursuant to the City’s adopted Comprehensive Fee Schedule in effect for FY 2022-23),
with $356,192 projected for FY 2023-24.
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 2023 the San Luis Obispo City Fire
Department inspected 19 of 26 school and commercial daycare facilities. While Heath &
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 83% of its annual inspections of all known mandated
buildings for calendar year 2023. In total, the Fire Department conducted 523 of 633
mandated annual inspections. This does not include the numerous re -inspections. Fire
Prevention Bureau staff continue to conduct re-inspections in response to deficiencies
observed during initial inspections. Limited staff capacity prevented the completion of
100% of inspections due to the many re-inspections necessary. The mandate states they
must be inspected but does not address when the 100% inspection is not met. The
expectation for calendar year 2024 will be to complete 100% of inspections.
The acceptance of this compliance report and the recommended Resolution fulfill the
statutory requirements contained in California Health and Safety Code Section 13146.2,
as added by SB1205.
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
Section 15378.
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Item 6d
FISCAL IMPACT
Budgeted: No Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
There are no fiscal impacts directly associated with the filing and acceptance of this
report. The City generates revenue through charging for these inspections, as noted
above.
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. _____ (2024 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 Sections 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 2023, the Department completed the annual inspection of
21 Group E occupancies. This is a compliance rate of 80.7% for this reporting
period.
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Resolution No. _____ (2024 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 o ccupancies of this nature.
During calendar year 2023, the Department completed the annual inspection of
523 Group R occupancies. This is a compliance rate of 83% for the reporting
period. In FY 2022-23, the City realized $356,192 in fees collected for these
inspections (pursuant to the City’s adopted Comprehensive Fee Schedule in effect
for FY 22-23 and as authorized by statute.)
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 24.
___________________________
Mayor Erica A. Stewart
ATTEST:
___________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. 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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