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HomeMy WebLinkAbout04/26/1988, 2 - FIRE DEPARTMENT'S PROGRAM FOR REVIEW OF NEW DEVELOPMENT CTCy of San _MIS OBISPO MEETING DATE: April 26, 1988 COUNCIL AGENDA REPORT ITEM N"T� MON Dunn, City Administrative Officer SUBJECT: Fire Department's Program for review of new development CAO RECOMMENDATION: Concur with the proposal to replace the existing Fire Prevention Captain position with a civilian Fire Prevention Engineer position and to continue the Construction Fire Inspector/Plan Checker for another year. BACKGROUND: During the fiscal year 1987-88 budget hearings the Fire Department requested two 40-hour fire inspectors to free up shift personnel in order to respond the ladder truck and begin responding the brush fire vehicle. In response to this request City Council identified concerns regarding the City's new development inspection program and requested a re-evaluation of the existing program before new Fire Department position requests would be considered. The City Administrative Officer conducted a re-evaluation of the inspection system for new development. That re-evaluation included input from the Community Development Director, Fire Chief, other communities, Building Department staff, Fire Department staff members and published reports. In addition 'to assessing the current inspection program, the re-evaluation considered two major alternatives: 1. Improvement of the inspection program within the existing organization. 2. Consolidation of inspection under one department. The analysis of these alternatives and recommendations are summarized in a March 29, 1988 memo from Chief Dolder. An overview of the history and related issues is presented in an April 18, 1988 memo from the City Administrative Officer. These memos are attached. SIGNIFICANT IMPACTS: No significant fiscal or organizational impacts are expected with the recommended action. CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION: Recruitment for a replacement for the Fire Prevention Captain could be delayed, extending the time that the Fire Department will be understaffed. JD:mp Attachments 2-I �iili�� ji��illl l;llll l i l I I ID � � city of sAn. 1,; iis oBisp- o 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100 April 18, 1988 To: City Council From: John Dun Subject: Over of Fire Inspection Program Recommendation: Review the Fire Department's proposed program for the review of new development and concur with the proposal to hire a civilian replacement for the Fire Prevention Captain. Discussion: Even prior to my arrival on the job, I was made aware of the City Council 's concern about the city's fire prevention and inspection program. This program actually has two quite different sub-components, the annual inspection of existing buildings and businesses, making certain that they are in compliance with fire regulations, and the review of plans and the inspection of new construction for compliance with fire code provisions. Both parts of the program have potential for negative community reaction. The concerns in San Luis Obispo were primarily with the latter, with there being good acceptance of the Fire Department' s regular inspection program for existing development. This concern on the City Council's part was made particularly evident during the budget discussions held in June. Because of this concern, and to give myself an opportunity to take a more thorough look at the program, I asked the City Council for an opportunity to further study the situation, and the City Council granted this. In the meantime, personnel changes or additions for the Fire Department were placed on hold, excepting one Council approved action which was necessary to continue the present level of service. It was also emphasized at that time that it would be optimal to defer a thorough discussion of fire department staffing needs to the review of the Fire Master Plan. The Fire Master Plan is presently under final staff review prior to resubmission to the newly constituted Citizens Advisory.Committee. I am in the process of informing the members of the CAC of the approximate time schedule for their review of the Fire Master Plan, and Mike, Toby and I met last week to develop the process for final staff review of the document. Last fall and winter, we held a series of meetings with the Fire Chief, Fire Marshal, Community Development Director, Chief Building Inspector, Toby and myself. These meetings were rather free-wheeling and spirited, as we discussed the perceived deficiencies in the present program and possible means of correction. Resulting from these discussions, we agreed to more thoroughly review three major alternatives: 1) improve the present program of making the Fire Department responsible for the administration of the fire code provisions Overview of Fire Inspection Program April 18, 1988 Page Two in new construction, but fundamentally looking at this program and develop suggested improvements to it, 2) placing the administration and inspection of the various building codes, including the fire code, under the Building Inspection Division, with the Fire Department providing a certain technical assistance to them, and 3) placing the complete responsibility for building code and fire code administration and inspection under the Fire Department. We asked the Fire Department to develop position papers on the first and third possibilities, and the Community Development Department/Building Inspection Division to prepare one on the second possibility. These three approaches were then analyzed as to their known and anticipated impacts, and were summarized in a study performed by Toby Ross using the information prepared by others as a base. As a result of this analysis, my office developed a "preliminary leaning" to the first approach, and asked the Fire Department to do some additional work on it. One of the basic concepts that permeated the discussions and written materials was the idea that the building inspection division utilize a full time professional plan review and inspection force which provided longevity, continuity, and seasoned experience and judgment. This was contrasted with the fire code plan review and fire inspection function in the Fire Department which was used in part as a learning and rotation opportunity. This provided the fire personnel performing this function less of an opportunity to gain expert knowledge with the fire code, or to develop a strong working relationship with developers and contractors, or to develop the experienced self confidence which allows the luxury of greater flexibility in difficult field situations. At about this time, a major change in personnel took place as the Fire Marshal resigned to take a position as Fire Chief in another community, and the Fire Prevention Captain resigned to assume a position in that same city. The Fire Chief and I held several discussions at about this time, and agreed that we should appoint a battalion chief/fire marshal, but that we should defer other actions pending the results of the fire prevention analysis. We also agreed that the person who would be appointed as the Fire Marshal , must have good ability to work with people, and to cause positive community relations, and have Sufficient flexibility, without compromising the basic provisions of the fire code. At about the same time, Jack Kellerman announced his forthcoming retirement as Chief Building Inspector; we are currently in the selection process for his replacement. A historic note, 'was mentioned several times during our discussions. Though it was the fire prevention program dealing with new construction activity which was currently subject to some criticism from the business/development community, it had only been a couple of years earlier that the building inspection division had been subject to similar c:;23 Overview of Fire Inspection Program April 18, 1988 Page Three criticism. Based on my experience in other communities, it is not uncommon for either or both of these functions to be under some criticism, due to the very nature of the work, which is enforcement codes. But, as we all know, it's not so much what you tell people or as it is how you tell them. In this area, the building inspection function had made much improvement as has more recently, the fire prevention function. One issue of particular concern to builders is "what happens when the Fire Department and Building Division disagree?" Over the last several months , Fire and Building officials have worked with the administrative staff to improve our response to this question. 1. Conflicts shouldn't occur very often because of efforts to clearly delineate areas of responsibility and to agree on and document code interpretation. Future code amendments to clarify language and in corporate Fire Code language within the Building Code can further reduce the frequency of conflicts of code interpretation. 2. When a difference of interpretation is encountered the relevant fire and building staff will immediately meet to precisely identify the issue working cooperatively to resolve it. 3. If the resolution is not clear at the staff level, the Fire Chief and Community Development Director will be asked to resolve it, with the CAO being available for final determination, if necessary. In short, the Fire and Building staffs understand that they are to work cooperatively for the benefit of the public and that any difference of interpretation will be resolved as quickly as possible. Attached is the recommendation of the Fire Chief for an improved and refined fire code review and inspection function for new construction to be continued under the Fire Department. Two major points stand out: 1) the new program is on a trial basis for twelve to eighteen months to determine how effective it is, and what type of positive community relations it manifests, 2) while Fire Department personnel will continue to be involved in the plan review and fire inspection for new construction, we will be replacing the fire prevention captain with a civilian who will provide us with the necessary professional background and longevity that was previously discussed, and is much needed in this function. As stated above, our analysis was far more thorough then would be indicated by the "output" , my memo and Mr. Dolder's attached memo. These two memos are only part of the total documentation which was prepared as part of this review. I have received very positive feedback from the leaders of the business and development communities, both on the current conduct of the new construction fire prevention program by the Fire Department, and on the appointment of Erwin Willis as the new Fire Marshal. Overview of Fire Inspection Program April 18, 1988 Page Four Overall, I am pleased to report that the recommendation placed before you is, in our opinion, a workable solution in that it will cause the City' s adopted fire codes to be implemented in a way, that generates community support and developer cooperation and compliance. It is also flexible in that changes can be made on an ongoing basis in the program, though the option is retained for substantial modification to the program in the event that it encounters major problems. Please review Mr. Dolder's memo carefully, and feel free to ask any questions or make any comments to either Mike, Toby or myself. I plan to schedule this matter for a brief presentation at a forthcoming study session, which will give City Council an opportunity to ask questions or to gain further clarification. If this program is acceptable to the Council , then it will be immediately implemented. JD:bja Attachments 4 �__ MEMORANDUM TO: Toby Ross, Assistant CAO FROM Michael Dolder, Fire Chief DATE: March 29, 1988 SUBJECT: New Development Evaluation Report During the Fiscal Year 87/88 budget hearings the Fire Department requested two 40 hour fire inspectors to free up shift personnel in order to respond the ladder truck and begin responding the brush fire vehicle. In response to this request City Council identified concerns regarding the City's new development inspection program and requested a re- evaluation of the existing program before new Fire Department position requests would be considered. The CAO conducted a re-evaluation of the new development inspection system. The following report is based on an analysis of the current inspection system with input from various sources which include the Community Development Director, Fire Chief, other communities, Building Department staff, Fire Department staff members and other documents. BACKGROUND Currently, the Fire Department and Building Division have responsibilities for reviewing plans and inspecting various phases of new construction. The responsibilities are separate but some overlap does exist. The Building Division is responsible for administering the building code, mechanical code, plumbing code and other State laws related to new construction. The Fire Department is responsible for administering the fire code; reviewing sprinkler, alarms, and other fire systems and the enforcement of various State laws under the authority of the State Fire Marshal. However, since the codes, State requirements and local amendments are cross referenced some overlap has occurred. Considerable effort has been made to refine responsibilities and interpretations to minimizing the impacts of these overlaps and the affects on the development community. Additional changes were considered and are discussed under the alternatives. ALTERNATIVES CONSIDERED Most of the efforts to improve the inspection system have focused on fine tuning the existing system. These efforts included providing space for a fire inspector/plan checker in the Building Division office, clarifying interpretations on specific provisions of the Building and Fire Codes, establishing procedures for final inspections and encouraging cooperation of field inspectors. Two alternative directions can be pursued: Alternative Direction *I - Continue along the same path of refining and improving the existing inspection system with an emphasis on "customer service" and within existing department organizations and staffing limits. Alternative Direction #2 - Consolidate Building and Fire inspections under the Community Development Department or Fire Department This alternative direction is dramatic and includes greater risks and impacts. —CO ALTERNATIVE DIRECTION #1 WHAT COULD BE DONE UNDER THE EXISTING SYSTEM Based upon the success or failure of various fine tuning processes additional changes short of consolidation could occur and might include a combination of the following actions: The technical amendments to the Fire Code could be "polished" and incorporated in the Building Code The Fire Department's Prevention Inspection Program could be civilianized either partially or completely. Civilian inspectors could be rotated between the Fire Department and Community Development Department. Inspectors could be cross trained. Systems for resolving conflicts could be improved. Better vehicles for communicating with developers and builders could be explored. The Building Official could be more involved in assessment of buildings after fires. Flexibility and facilitation could be stressed more. ALTERNATIVE DIRECTION 02 - WHAT COULD BE DONE THROUGH CONSOLIDATION? Based on the outcome of Alternative Direction #1 the new development review and inspection function could be consolidated under the Community Development Department or under the Fire Department. Either form of consolidation would have significant impacts on current operations and would require specific conditions for such actions to be successful. Consolidation under the Community Development Department would only include new development activities. At least two positions from the Fire Department would need to be transferred - the current Fire Prevention Captain and the contract Fire Inspector/Plan Checker positions. The removal of these functions from the Fire Department would produce some operational shortcomings in that the Fire Prevention Captain also performs tasks related to existing occupancies, as well as conducting fire investigations for cause and origins. The Fire Prevention Captain also serves in the role of Fire Marshal during his/her absence. Consolidation under Fire Department would be more comprehensive and would include all of the Building Division functions and staffing. At the present time the development community would not be supportive of a Fire Department consolidation. 4 2 — / In pursuing consolidation under the Community Development Department, specific conditions must exist which include: A. Space should be available to locate employees in one place. B. The consolidation should improve cross training of Fire and Building Inspectors and Plan Checkers to achieve a flexible work force. C. The Building Division should be fully staffed and the Chief Building Official available to supervise the implementation. D. The consolidation should only be attempted if it can be accomplished by transferring two civilian positions from the Fire Department and provided no additional positions are required. Current Situation During the inspection evaluation period, the Fire Marshal and the Fire Prevention Captain left the City for positions with another community. In addition, the City Building Official has announced his retirement effective May 31, 1988. The combination of these activities in themselves have or will result in change and will affect the new development inspection programs. Although the Fire Marshal's position has been filled, the Fire Prevention Captain's position was not filled in order to consider other alternatives and to allow flexibility in alternatives. During the last three months we have received positive comments about the Fire Department's effort to improve its functions. This feedback has come both from the development and business community. It would appear, based on community feedback that enhancements of the existing system would be a reasonable approach to assure adequate enforcement and new development review. However, options for more drastic actions should be kept open during a one year evaluation period. The recommend action for the Fire Department under the existing inspection system is to: A. Fill the Fire Prevention Captain's position with a civilian Fire Protection Engineer. B. Continue the contract civilian Fire Inspector/Plan Check position. C. Delay consideration of permanently assigning two civilian fire Inspectors to the Fire Department until the Fiscal Year 1989/90 budget period. Progress and community feedback will continue to be evaluated during the next twelve months. If continued improvements are not produced during this period, then consolidation alternatives would be considered. However organized the "Unity of Mission" will be reinforced between the Building and Fire inspection program. _6P FISCAL IMPACTS No additional appropriations would be required. Replacing the Fire Prevention Captain with a civilian fire protection engineer will be accomplished within existing salary authorizations. Continuing with the contract fire Inspector/Plan Checker will not increase current budget requests. Postponing action on replacing shift fire inspectors for one year will continue the current ladder truck delay and second alarm response of the brush fire vehicle. SUMMARY OF RECOMMENDED ACTIONS Replace the existing Fire Prevention Captain with a Fire Protection Engineer to promote continuity in enforcement and expertise, and to preserve options for future program changes after a one year evaluation. Continue the contract Fire Inspector/Plan Check position for one additional year. Based on the results of a 12 month evaluation prepare permanent program and personnel recommendations for inclusion in the fiscal year 89/90 budget requests. -02 - 9