HomeMy WebLinkAboutItem 6e. Acceptance of Report on Fire Compliance with SB1205 and Health & Safety Code Section 13146.4 Item 6e
Department: Fire
Cost Center: 8503
For Agenda of: 4/15/2025
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 Section 13146.4.”
POLICY CONTEXT
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.) Section 13146.4 mandates that all fire departments required to perform
annual inspections pursuant to Sections 13146.2 and 13146.3 report annua lly to its
administering authority its compliance (in this case, the City Council) 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.
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
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 6e
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 2024, the San Luis Obispo City Fire Department
inspected 619 of 620 hotels, motels, condominiums, sorority/fraternity and apartment
buildings (referred to as “Group R” occupancies in the draft Resolution.) In FY 2023-24,
the City realized $380,309 in fees collected for these inspections (pursuant to the City’s
adopted Comprehensive Fee Schedule in effect for FY 2023-24), with the same amount
projected for FY 2024-25 as the updated fee schedule was not in effect at the time of
invoicing. All billing is done at the beginning of the fiscal year using the fee schedule in
effect at that time.
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 estimated to be approximately $25,000.
California Health and Safety Code Section 13146.3 mandates that the local fire
department inspect all public and private schools once annually (referred to as “Group E”
occupancies in the draft Resolution.) In calendar year 2024, the San Luis Obispo City Fire
Department inspected 23 of 24 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 99% of its annual inspections of all known mandated
buildings for calendar year 2024, an improvement from 2023 when 83% of 633
inspections were completed. In total, the Fire Department conducted 642 of 644
mandated annual inspections. This does not include the numerous re -inspections. Fire
Prevention Bureau staff (Fire Marshal and inspectors) continue to conduct re-inspections
in response to deficiencies observed during initial inspections. The expectation for
calendar year 2025 will be to complete 100% of inspections.
The acceptance of this compliance report and the recommended Re solution fulfill the
statutory requirements contained in California Health and Safety Code Section 13146.4
Previous Council or Advisory Body Action
On March 19, 2024 Council approved a draft 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.
Public Engagement
This item is on the agenda for the April 15, 2025 City Council meeting and will follow all
required postings and notifications. The public will have the opportunity to provide
comment on this item at or before the meeting.
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Item 6e
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.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
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 both revenue through charging for these inspections, as noted
above and expenditures from inspectors performing the inspections as part of their job
duties.
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. 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. These reports are prepared and submitted in concurrence
with the annual budget-making process to allow for any desired changes to be
incorporated into that process.
ATTACHMENTS
A - Draft 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 Section 13146.4
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R ______
RESOLUTION NO. _____ (2025 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 SECTION 13146.4
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, apartment house s, 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.
SECTION 3. 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
24 known Group E occupancies or facilities.
During Calendar year 2024, the Department completed the annual inspection of
23 Group E occupancies. This is a compliance rate of 96% for this reporting period.
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Resolution No. _____ (2025 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 620 known Group R occupancies of this nature.
During calendar year 2024, the Department completed the annual inspection of
619 Group R occupancies. This is a compliance rate of 99% for the reporting
period. In FY 2023-24, the City realized $380,309 in fees collected for these
inspections (pursuant to the City’s adopted FY2023-24 Comprehensive Fee
Schedule in effect 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 25.
___________________________
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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