HomeMy WebLinkAboutHR Fire Chief Responsibilities OrdinanceAgenda Item No: 11
Meeting Date: February 16, 2010
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
jj��Prepared by: Chris Gray, Fire Chief City Manager Approval:`
SUBJECT:
1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING VARIOUS
SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO TRANSFER TO THE FIRE CHIEF FROM
THE CHIEF BUILDING OFFICIAL THE ENFORCEMENT OF CERTAIN PROVISIONS OF THE FIRE
CODE AND BUILDING CODE RELATED TO FIRE PREVENTION PREVIOUSLY THE
RESPONSIBILITY OF THE CHIEF BUILDING OFFICIAL, AS PART OF A REORGANIZATION
MOVING FIRE PREVENTION STAFF FROM THE COMMUNITY DEVELOPMENT DEPARTMENT'S
BUILDING DIVISION TO THE FIRE DEPARTMENT, AND AMENDING SAN RAFAEL MUNICIPAL
CODE SECTION 4.08.130(D) TO CORRECT AN ERRONEOUS CODE REFERENCE.
2) RESOLUTION AUTHORIZING THE TRANSFER OF RESPONSIBILITY FOR ENFORCEMENT OF
FIRE AND PANIC SAFETY BUILDING REGULATIONS AND FIRE PREVENTION TO THE FIRE
CHIEF, TRANSFER OF FIRE PREVENTION STAFF TO THE FIRE DEPARTMENT, MOVEMENT OF
THE DEPUTY FIRE MARSHAL INTO THE MID MANAGEMENT UNIT, AND THE TRANSFER OF
RELATED PERMIT FEE COLLECTION AUTHORITY, BUDGETED FUNDS, AND VEHICLES FROM
THE COMMUNITY DEVELOPMENT DEPARTMENT TO THE FIRE DEPARTMENT.
RECOMMENDATION:
(1) Pass the Ordinance to Print, and
(2) Adopt the Resolution..
BACKGROUND:
In November 2006, as part of a Fire Department reorganization, the City Council adopted Ordinance No.
1843 transferring responsibility for the enforcement of certain provisions of the Fire Code and Building
Code related to fire and panic safety building regulations and fire prevention from the Fire Department to
the Chief Building Official in the Community Development Department. As part of this transfer, the Chief
Building Official assumed the title of Chief Building Official/Fire Marshal and the Fire Marshal duties. At
the same time, the City Council adopted Resolution No. 12145 approving the foregoing transfer of
enforcement authority, and authorizing the transfer of related permit collection authority and budgeted
funds to the Community Development Department. A Deputy Fire Marshal and Fire Inspector I and Fire
Inspector II position were added to the Building Division to carry out the reorganization under the
supervision of the Chief Building Official/Fire Marshal.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Staff now recommends that Fire Prevention staff currently under the supervision of the Chief Building
Official be returned to the Fire Department under the supervision of the Fire Chief, so that the Fire
Operations staff can assist with enforcement of the fire and panic safety regulations and fire prevention.
The current organizational structure does not allow the Fire Chief to direct Fire Operations staff to assist
Fire Prevention staff in these activities. Staff believes the additional support of Fire Operations personnel
will enhance the effectiveness of the fire and panic safety regulatory and fire prevention program.
Since this recommended change involves a change in working conditions for the Fire Prevention staff, it
is subject to the meet and confer process. The City has met with SEIU and has reached agreement on
the location and reporting structure and the revised job specifications. In addition, SEIU has agreed to
the City's request that the Deputy Fire Marshal position moving from the Building Division to the Fire
Department be shifted from the SEIU unit into the Mid -Management unit. Thus the labor relations
requirements of this change have been met.
This reorganization requires an Ordinance that will amend various provisions of the San Rafael Municipal
Code to reflect the transfer of responsibility from the Chief Building Official to the Fire Chief for fire and
panic safety regulations and fire prevention. If the City Council passes the proposed Ordinance to print
on February 16, and adopts the Ordinance on March 1st, the Ordinance will become effective on March
31, 2010. Between March 1 and the March 31st effective Ordinance date, the Chief Building Official/Fire
Marshal will delegate his duties under the current Municipal Code for fire and panic safety regulations and
fire prevention to the Fire Chief. The Fire Chief will be empowered by this delegation to carry out the
foregoing enforcement obligations during this interim period, and thereafter he will have authority in his
own right under the Municipal Code as amended.
To further support the foregoing transfer of responsibilities, City Staff is requesting the City Council adopt
a Resolution, effective March 1$t, to authorize the Fire Chief to take over the foregoing responsibilities, to
approve the transfer of fire prevention staff from the Building Division to the Fire Department, to approve
the movement of the Deputy Fire Marshal position from the SEIU unit to the Mid -Management unit, and to
authorize the transfer of related permit fee collection authority, budgeted funds, and equipment from the
Community Development Department to the Fire Department.
ANALYSIS:
The reorganization will move the Fire Prevention staff from the Building Division of the Community
Development Department to the Fire Department, under the direct administration of Chief Gray. The
Code Enforcement staff that will be transferred are the Deputy Fire Marshal, an Inspector II, and an
Inspector I. No new positions will be created by this reorganization. The former responsibilities of the
Chief Building Official for enforcement of fire and panic safety regulations and fire prevention will be
shifted to the Fire Chief, who will take over the title of Fire Marshal from the Chief Building Official on an
ex -officio capacity.
The reorganization will have a number of benefits. A primary benefit of the reorganization will be
integration of Fire Department Operations staff (firefighters and firefighter/paramedics) into the biannual
commercial inspection program now being performed by the Fire Prevention staff. With the transfer of the
Fire Prevention staff to the Fire Department, the approximately 70 firefighters and firefighter/paramedics
in the six Engine Companies and 2 medic units will be assigned initial inspection responsibilities for the
commercial businesses in the City subject to the biannual commercial inspection program. By
undertaking the biannual commercial inspections, Operations staff will gain familiarity with the layout and
hazards of the commercial businesses being inspected, creating a significant benefit for any necessary
firefighting or emergency operations that may need to be undertaken at those locations. The Deputy Fire
Marshal and Captain Specialist will coordinate the biannual commercial inspection program and related
training. Fire Prevention staff will do ongoing training of the Operations staff regarding the biannual
inspections, will assist Operations staff in the field on an on-call basis, and will do follow-up inspections
and enforcement proceedings regarding commercial businesses as necessary. With the assumption of
biannual commercial inspection responsibilities by the Fire Department Operations staff, the Fire
Prevention Staff will be freed up to focus their attention on inspections of higher risk commercial
businesses. Finally, the Fire Prevention Staff and Operations staff also will be able to begin implementing
the operations permits required under the Fire Code, which will have a significant fire prevention benefit.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaEe: 3
The reorganization will entail the transfer back to the Fire Department of two vehicles originally provided
to the Building Division of the Community Development as part of the 2006 Fire Department
reorganization.
The reorganization also will entail the transfer to the Fire Department of 4 months (March -June 2010) of
the Community Development Department's Fire Prevention Budget for FY 2009-2010, which totals
approximately $200,000.
FISCAL IMPACT: Annual Savings of approximately $10,000 due to salary savings with the
reorganization.
OPTIONS:
1) Approve the move of Fire Prevention from the Building Division to the Fire Department.
2) Do not approve the move of Fire Prevention from the Building Division to the Fire Department.
ACTION REQUIRED:
(1) Pass the proposed Ordinance to print.
(2) Adopt the proposed resolution.
Enclosures: Proposed Ordinance
Proposed Resolution
Public hearing notice
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE
TO TRANSFER TO THE FIRE CHIEF FROM THE CHIEF BUILDING
OFFICIAL THE ENFORCEMENT OF CERTAIN PROVISIONS OF THE FIRE
CODE AND BUILDING CODE RELATED TO FIRE PREVENTION
PREVIOUSLY THE RESPONSIBILITY OF THE CHIEF BUILDING OFFICIAL,
AS PART OF A REORGANIZATION MOVING FIRE PREVENTION STAFF
FROM THE COMMUNITY DEVELOPMENT DEPARTMENT'S BUILDING
DIVISION TO THE FIRE DEPARTMENT, AND AMENDING SAN RAFAEL
MUNICIPAL CODE SECTION 4.08.130(D) TO CORRECT AN ERRONEOUS
CODE REFERENCE.
WHEREAS, the San Rafael Municipal Code was amended by Ordinances 1843, 1844,
and 1864 to designate the Chief Building Official as responsible for enforcement for certain
provisions of the Fire Code and fire prevention that were previously the responsibility of the Fire
Chief and Fire Prevention Inspectors in the Fire Department; and
WHEREAS, City Staff are now recommending that various sections of the San Rafael
Municipal Code be amended to transfer the enforcement of the foregoing provisions of the Fire
Code and fire prevention from the Chief Building Official back to the Fire Chief and the Fire
Department as part of a reorganization moving Fire Prevention staff from the Building Division
back to the Fire Department; and
WHEREAS, Section 4.08.130 of the San Rafael Municipal Code contains an erroneous
reference to an obsolete Fire Code Section 101.5.2 that should be replaced by a reference to
current Fire Code Section 104.12.
NOW, THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 4.08, Section 4.08.040, of the San Rafael Municipal Code is amended to read as
follows:
4.08.040 Enforcement of the Fire Code.
The Fire Chief and his duly authorized representatives shall enforce those portions of the
Fire Code over which the Fire Chief has responsibility as provided in this Chapter.
DIVISION 2:
Chapter 4.08, Section 4.08.050(A), of the San Rafael Municipal Code is amended to
substitute the words "Fire Chief and his duly authorized representatives" for the words "fire
chief, chief building official/fire marshal, and their authorized representatives".
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DIVISION 3:
Chapter 4.08 of the San Rafael Municipal Code is amended to substitute the words "Fire
Chief' wherever the words "chief building official/fire marshal" appear in Sections 4.08.060,
4.08.070, and 4.08.110.
DIVISION 4:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to delete
the current amendment of Section 111.2.1 of the 2007 California Fire Code and to replace it with
the following amendment of Section 111.2.1.1 of the 2007 California Fire Code:
Section 111.2.1.1 is amended to read as follows:
111.2.1.1
Pursuant to Health & Safety Code Section 13146, the Fire Chief or his duly authorized
representatives shall have responsibility for enforcement of the building standards
adopted by the State Fire Marshal and published in the California Building Standards
Code relating to fire and panic safety and other regulations of the State Fire Marshal, for
R-3 dwellings and for all other buildings subject to regulation by the City.
DIVISION 5:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to
substitute the words "Fire Chief or his duly authorized representative" for the words "Chief
Building Official/Fire Marshal" in the amendment of the definition of "Fire Code Official" in
Section 202 of the 2007 California Fire Code.
DIVISION 6:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to delete
the words "developed by the Fire Prevention Bureau and approved by the Chief Building
Official/Fire Marshal" and substitute the words "approved by the Fire Chief' in the definition of
"Fire Prevention Standards" added to Section 202 of the 2007 California Fire Code.
DIVISION 7:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to delete in
its entirety the amendment adding Section 104.1.1 to Appendix Chapter 1 of the 2007 California
Fire Code
DIVISION 8:
Chapter 4.08, Section 4.08.130 of the San Rafael Municipal Code is amended to
substitute the following language in subsection A:
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A. In addition to the enforcement powers and/or remedies provided in this chapter,
the Fire Chief and his duly authorized representatives shall have the power to enforce the
provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46.
DIVISION 9:
Chapter 4.08, Section 4.08.130 of the San Rafael Municipal Code is amended to delete
the words "Section 101.5.2" and substitute the words "Section 104.12" in subsection D.
DIVISION 10:
Chapter 12.12, Section 12.12.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official' for the words "Chief Building Official/Fire Marshal' in
the amendment to Section 105.5 in Appendix Chapter 1 of the California Building Code.
DIVISION 11:
Chapter 12.14, Section 12.14.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official' for the words "Chief Building Official/Fire Marshal' in
the definition of "AUTHORITY HAVING JURISDICTION" in the amendment to Section 204.0
of the California Mechanical Code.
DIVISION 12:
Chapter 12.14, Section 12.14.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Division" for the words "Building and Fire Prevention Division"
in the definition of "ENFORCING AGENCY" in the amendment to Section 204.0 of the
California Mechanical Code.
DIVISION 13:
Chapter 12.16, Section 12.16.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official' for the words "Chief Building Official/Fire Marshal' in
the definition of "AUTHORITY HAVING JURISDICTION" in the amendment to Section 203.0
of the California Plumbing Code.
DIVISION 14:
Chapter 12.16, Section 12.16.020 of the San Rafael Municipal Code is amended to
substitute the words `Building Division" for the words "Building and Fire Prevention Division"
in the definition of "ENFORCING AGENCY" in the amendment to Section 203.0 of the
California Plumbing Code.
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DIVISION 15:
Chapter 12.20, Section 12.20.020 of the San Rafael Municipal Code is amended to
substitute the words `Building Division" for the words "Building and Fire Prevention Division"
in the definition of "Code Enforcement Agency" in the amendment to Section 103 of the
California Electrical Code.
DIVISION 16:
Chapter 12.26, Section 12.26.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official/Fire Marshal" in
the definition of `Building Official" added in the amendment of Section 401 of the Uniform
Housing Code.
DIVISION 17:
Chapter 12.28, Section 12.28.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official/Fire Marshal" in
the definition of `Building Official" added in the amendment to Section 301 of the Uniform
Code for the Abatement of Dangerous Buildings.
DIVISION 18:
Chapter 15.06, Section 15.06.120 of the San Rafael Municipal Code is amended to
substitute the words "Fire Chief' for the words "chief building official" in the first sentence.
DIVISION 19:
Chapter 15.06, Section 15.06.120 of the San Rafael Municipal code is amended to substitute
the following language for subsection (c):
(c) Compliance with Fire Code. The Fire Chief may require additional fire protection
measures to conform with the Fire Code as adopted by the City in Chapter 4.08.
DIVISION 20:
Chapter 15.12, Section 15.12.080 of the San Rafael Municipal code is amended to substitute
the words "Fire Chief' for the words "chief building official" in subsection (i)(2).
DIVISION 21:
This Ordinance is exempt from the California Environmental Quality Act ("CEQA")
pursuant to the State CEQA Guidelines, since the Ordinance implements a local government
reorganization (14 Cal. Code Regs. Section 15320), and it can be seen with certainty that there is
no possibility that this Ordinance or its implementation would have a significant effect on the
environment (14 Cal. Code Regs. Section 15061(b)(3)).
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DIVISION 22:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences clauses or phrases be declared invalid.
DIVISION 23:
A summary of this Ordinance shall be published and a certified copy of the fill text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage,
and the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the Rill text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
ALBERT J. BORO, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, the 16th day of February 2010, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
G
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the lst day of March, 2010.
ESTHER C. BEIRNE, City Clerk
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE TRANSFER OF RESPONSIBILITY
FOR ENFORCEMENT OF FIRE AND PANIC SAFETY BUILDING
REGULATIONS AND FIRE PREVENTION TO THE FIRE CHIEF,
TRANSFER OF FIRE PREVENTION STAFF TO THE FIRE
DEPARTMENT, MOVEMENT OF THE DEPUTY FIRE MARSHAL INTO
THE MID MANAGEMENT UNIT, AND THE TRANSFER OF RELATED
PERMIT FEE COLLECTION AUTHORITY, BUDGETED FUNDS, AND
VEHICLES FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
TO THE FIRE DEPARTMENT.
WHEREAS, in November 2006, the City Council approved Ordinance No. 1843 and
Resolution No. 12145, authorizing the transfer from the Fire Chief to the Chief Building Official
of enforcement of building regulations relating to fire and panic safety and other fire prevention
regulations, and the transfer of related equipment, budget and permit collection authority to the
Community Development Department; and
WHEREAS, City staff now believes that a member of benefits will be achieved by a Fire
Department reorganization that transfers fire prevention responsibilities back to the Fire Chief
and Fire Department, including the integration of Fire Department operations staff into the
biannual commercial business inspection program now being administered by Fire Prevention
staff, the enhanced fire safety that will be achieved by Fire Department operations staff through
increased familiarity with such commercial businesses, the ability of Fire Prevention staff to
focus their efforts in the commercial business inspection program on high fire risk businesses,
and the ability of the Fire Department to begin implementing the operational permits required
under the Fire Code.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes (1)
the transfer of responsibility for enforcement of fire and panic safety regulations and fire
prevention to the Fire Chief, (2) the transfer of Fire Prevention Staff (Deputy Fire Marshal, Fire
Inspector I and Fire Inspector 117 from the Community Development Department to the Fire
Department, (3) the movement of the Deputy Fire Marshal into the Mid -Management Unit, (4)
the transfer of the fee collection authority from the Building Division to the Fire Department for
the fire prevention fees listed in Table 1 (pages 5-6) and Exhibits E-1 and E-2 of the Master Fee
Schedule adopted by Resolution No. 12647, (5) transfer of the budgeted funds for Fire
Prevention for the final four months of FY 2009-2010 from the Community Development
Department to the Fire Department,(6) and transfer of the two fire prevention vehicles from the
Community Development Department.
BE IT FURTHER RESOLVED, that this Resolution shall become effective on March
1, 2010, contingent upon the City Council's adoption of Ordinance No. on that date.
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BE IT FURTHER RESOLVED, that the actions approved herein are exempt from the
California Environmental Quality Act ("CEQA") pursuant to the State CEQA Guidelines, since
the Ordinance implements a local government reorganization (14 Cal. Code Regs. Section
15320), and it can be seen with certainty that there is no possibility that this Ordinance or its
implementation would have a significant effect on the environment (14 Cal. Code Regs. Section
15061(b)(3)).
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 16th day of February 2010 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
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ESTHER C. BEHRNE, City Clerk
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