HomeMy WebLinkAbout04/04/1990, C-10 - CONSIDERATION OF A RESOLUTION SUPPORTING SENATE BILL 1830 (GREEN) AND ASSEMBLY BILL 2666 (HANSEN) W QII�I9HI�IIIIII� I __ MEETING DATE:
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oI" San tui S OBISPO 4/4/90
COUNCIL AGENDA REPORT 11 NUMBER: -/
FROM: Michael Dolder, Fire Chief
SUBJECT: Consideration of a Resolution Supporting Senate
Bill 1830 (Green) and Assembly Bill 2666
(Hansen) Which Assures Local Control Over
Building Standards.
RECOMMENDATION: Adopt Resolution (1990 Series) supporting
Senate Bill 1830 and Assembly Bill 2666 to
maintain local control of building standards.
BACKGROUND:
On September 14, 1989 Attorney General Van De Kamp issued AG Opinion
88-904 which purports that local governments, such as cities and
counties, may not adopt building and fire standards that are more
stringent than those adopted by the State Fire Marshal or the State
Housing Law. The Attorney General 's opinion attacks the principle of
"home rule" and has a chilling effect on the motivation of local
government to address and resolve specific local climatic,
topographical and geographical conditions which impact the delivery of
public safety services.
Historically, cities and counties have adopted more restrictive codes
to meet the specific local needs. In fact, more than 50% of the cities
and counties, including the City of San Luis Obispo, have adopted
specific fire and building code amendments to deal with issues that
directly relate to local climatic, topographical and geographical
conditions. From a population perspective, these communities represent
75% of the state's population. In each - of these cases the code
amendments are more restrictive than the State Fire Marshal 's
regulations.
The Attorney General's opinion is just that, an opinion. To date no
one has challenged the right of cities or counties to amend the codes
to meet specific local needs. Both Senate Bill 1830 (Green) and
Assembly Bill 2666 (Hansen) are urgency bills that would assure cities
and counties rights to maintains local control over building standards.
FISCAL IMPACT:
If the Attorney General's opinion is not clarified through legislation
then cities and counties would be faced with an increased public safety
risk which could only be mitigated by hiring additional personnel. As
a result of the Attorney General's opinion, the City's cost for fire
and life safety protection would increase yearly rather than on a one.
time basis through more restrictive codes. If the legislation passes,
the cost of the risk mitigation could be paid for by the property which
actually produces the risk.
CONCURRENCES:
The League of California Cities at its 1989 Annual Conference passed a
resolution to sponsor legislation to assure cities rights to maintain a
city's local control over building standards. The League supports both
SB 1830 and AB 2666. ;�, ° . r �{ ^LL .1Q5
C!TY CLERK'
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NNIZe COUNCIL AGENDA REPORT
ALTERNATIVES :
Take no action. This alternative would not support cities and counties
rights to local control ..
RECOMMENDATION:
Adopt Resolution ( 1990 Series) supporting Senate Bill 1830
(Green) and Assembly Bill 2666 (Hansen) to maintain control of local
building standards .
ATTACHMENTS
Resolution_
A synopsis of SB 1830 and AB 2666 is available in the Council ' s reading
file.
I
i
RESOLUTION NO. (1990 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO SUPPORT SB 1830
(GREEN) AND AB 2666 (HANSEN) URGENCY LEGISLATION THAT WOULD ASSURE THE
ABILITY OF CITIES, COUNTIES AND FIRE DISTRICTS TO ADOPT BUILDING STANDARDS
WHICH ARE MORE STRINGENT THAN THOSE ADOPTED BY THE STATE FIRE MARSHAL
AND STATE HOUSING LAW.
WHEREAS, the California Attorney General's Opinion #88-904, September 14, 1989, finds
that local authority may not be more restrictive than the State Fire Marshal and State Housing
Law in regards to adopting residential building standards and the Attorney General's specific
conclusions are:
1. Cities and Counties may not adopt building standards relating to fire and panic safety
that are more stringent than those adopted by the State Fire Marshal under Sections
17922, 17958.5 and 17958.7 of the State,FIousing Law.
2. A fire protection district may not adopt a fire prevention code or other regulations that
set forth building standards relating to fire and panic safety which are stricter than the
standards contained in the State Building Standards Code; and
WHEREAS, the State Fire Marshal and State Housing Law standards have traditionally
served as a minimally acceptable fire and life safety required standard, and Cities, Counties and
Fire Districts have routinely adopted far more encompassing building standards relating to Fire
Protection requirements, such as for Smoke Detectors, Fire Sprinklers, Fire Resistive Roofing, Iron
Bars on Bedroom Windows with Quick Release Mechanisms, etc.; and
WHEREAS, virtually all major fire and life safety improvements in the past have been first
developed and adopted by local authority, often following•a tragic fire incident, with the new
Code innovation being first adopted locally, then over time receiving State-wide, National
recognition and acceptance, eventually becoming included in a National or Regional "Uniform
Standard", and then finally becoming adopted by States and local authorities as a minimal
standard; and
WHEREAS, it is extremely important to the fire and life safety of the State of California
that local governments be able to retain their present building code requirements which arc more
restrictive than the minimal State standards, and maintain their future ability to continue to
improve the fire safety of their citizenry through the local Code adoption process; and
WHEREAS, the ability to retain "local control" and Home Rulc" has always been of major
concern to Cities, Counties, and Fire Districts in regards to fire, life safety, and as it pertains to
the many other responsibilities of local government; and
WHEREAS, the League of California Cities at its 1989 annual conference passed a
resolution to sponsor legislation that would maintain local control on this issue; and
WHEREAS, the California Attorney General's Opinion #88-904 concludes that local
authority no longer retains the right to be more restrictive than the State standards in regards to
residential building codes and that the opinion poses a most serious threat, doubt and uncertainty
to local authority in regards to their ability to do so; and
WHEREAS, Senator Cecil Green, and Assemblywoman Bev Hansen have introduced
legislation, SB 1830 (Green) and AB 2666 (Hansen) which would if adopted clarify the rights of
local authority to continue to adopt more stringent fire and life safety residential building
standards.
NOW, THEREFORE BE IT RESOLVED that the Council of San Luis Obispo strongly
supports the adoption of SB 1830 (Green) and AB 2666 (Hansen) legislation that would assure the
ability of cities, counties, and fire districts to adopt building standards which arc more stringent
than those adopted by the State Fire Marshal and State Housing Law.
940- 3
Page 2 Resolution No. (1990 Series)
Support SB 1830 (Green) and AB 2666 (Hansen)
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1996.
MAYOR RON DUNIN
ATTEST:
City Clerk Pam Voges
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APPROVED:
City Ad �nistrative Officer
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F'ire Chief
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