HomeMy WebLinkAbout12. Adopt Reso Acknowledging Receipt of Downey Fire Chief Report-Annual Inspections of Certain Occupancies110-111111111101
TOONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILAPPROVED
CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: MARK GILLASPIE, FIRE CHIEF
DATE: MAY 28, 2019
SUBJECT: RESOLUTION REGARDING MANDATED FIRE/LIFE SAFETY INSPECTION
COMPLIANCE
That the City Council adopt:
Existing law requires the Fire Chief and his or her designated representatives to perform annual
fire/life safety inspections at every building used as a public or private school (Occupancy type
"E" Education) and all hotels, motels, lodging houses, apartment houses and certain residential
care facilities (Occupancy type "R" Residential) to insure compliance with building standards as
provided in the Health and Safety Code Section 13146.2 and 13146.3.
Senate Bill 1205 which was passed in 2018, added Section 13146.4 to the Health and Safety
Code requiring fire departments to report annually to its administering authority on its
compliance with Sections 13146.2 and 13146.3 by resolution.
i`_
There is no projected fiscal impact from this resolution,
ATTACHMENTS
Attachment A Resolution
Attachment B Senate Bill 1205
Attachment C Mandated Fire/Life Safety Inspection Report 2018
• i •I i • • 'ri
• i ! l
i •'r •r`
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and
became effective on September 27, 2018; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all
fire departments, including the Downey 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, and certain residential care facilities for compliance with
building standards, as provided and,
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire
departments, including the Downey Fire Department,_ that provide fire protection services to
report annually to its administering authority on its compliance with Sections 13146.2 and
13146.3 and,
WHEREAS, the City Council of the City of Downey intends this Resolution to fulfill the
requirements of California Health &Safety Code Sections 13146.4,_and13146.3;
SECTION 1. That the City Council of the City of Downey expressly acknowledges the
measure of compliance of the Downey Fire Department with California Health and Safety Code
Sections 13146.2 and 13146.3 in the area encompassed by the City of Downey, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES': Educational Group E occupancies
are generally those public and private schools, used by more than six persons at any one time
for educational purposes through the 12th grade. Within the City of Downey, there lie 81 Group
E occupancies, buildings,structures and/or facilities. During calendar year 2018, the Downey
Fire Department completed the annual inspection of 62 Group E occupancies, buildings,
structures and/or facilities. This is a compliance rate of 76% for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying "staff
report for this resolution.
B. RESIDENTIAL GROUP R OCCUPANCIES: Residential Group R occupancies,
for the purposes of this resolution, are generally those occupancies containing sleeping units,
and include hotels, motels, apartments (three units or more), etc. as well as other residential
occupancies (including a number of residential care facilities). These residential care facilities
have a number of different sub -classifications, and they may contain residents or clients that
have a range of needs, including those related to custodial care, mobility impairments, cognitive
Attachment "A"
RESOLUTION NO
PAGE 2
disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City of
Downey, there lie 576 Group R (and their associated sub -categories) occupancies of this
nature. During calendar year 2018, the Downey Fire Department completed the annual
inspection of 502 Group R occupancies, buildings, structures and/or facilities. This is a
compliance rate of 87% for this reporting period. Additional items of note regarding this
compliance rate can be found in the accompanying staff report for this resolution.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution
APPROVED AND ADOPTED this 28th day of May, 2019
RICK RODRIGUEZ, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular Meeting held on 28th day of May, 2019 by the following vote, to
wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC.
City Clerk
�i'+" ,rnr�c�E�cn�eraa�ras..
AUTHENTICATED
ELECTRONIC 1EUL MATERIAL
Senate Bill No. 1205
An act to add Section 13146.4 to the Health and Safety Code, relating to
fire protection.
[Approved by Governer September 27, 2018. Filed with
Secretary of State September 27, 2018.]
LEGISLATIVE COUNSEL'S DIGEST
S13 1205 ' Hill * Fire protection services: inspcctionscompliance reporting.
Existing law requires the chief of any city or county fire department or
district providing fire protection services and his or her authorized
representatives to inspect every building used as a public or private school
within his or i •..:. for ♦ •f...• of forcini siecified building,
RIM -
every city or county fire department or district providing fire protection
.. yr •ITIUCU. I 11y, Um NA1
to acknowledge receiptof 'F•rt in a resolution or •
agency,document. To the extent this bill would expand the responsibility of a local
bill would create a state -mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement
for 1 be made pursuant to the statutoryprovisions n•. i.
above.
SECTION 1. Section♦ is is . • • ` t. to the Health and Safety Code,
to read:
13146.4. (a) Every city or county fire department, city and county fire
department, or district required to perform an annual inspection pursuant
a]
i�
r
C. 854 —2
—
authority on its compliance♦ i + 13146.3.
(b) The report made pursuant to subdivision (a) shall occur when the
administering authority discusses its annual budget, or at another time
determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report
made pursuant to subdivisionr • or r
+♦
(d) For purposes of this section, "administering authority" means a city
council, countyboard of • r district board, .: the case maybe.
Commission on StateMandates determines
,co,,n,tains costs mandated b th t t . mbursement to local agencies and
M
a
•' . • i i � is •
Occupancy Type Total -,,-,-,-,----,-Completed Incomplete
R1 and R3 Hotels, Motels 18 14 4
R1 and R3 Apartments 549 484 65
R4 Home Care
Total
87%
9__ 4 5
576 502 74
Occupang Irype Total Completed Incom lete
E1 Elementary Schools 5 5 0
E2 High Schools and Jr. High Schools 19 16 3
E3 Day Care
Tota I
Total Inspections
57 41 16
81 62 19'
76%
657 564 93
Attachment "C"