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
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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.
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