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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"