HomeMy WebLinkAboutFD Annual Occupancy Inspections____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: November 16, 2020
Disposition: Resolution 14871
Agenda Item No: 4.d
Meeting Date: November 16, 2020
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: FIRE DEPARTMENT
Prepared by: Darin White, Fire Chief City Manager Approval: ______________
TOPIC: ANNUAL OCCUPANCY INSPECTIONS
SUBJECT: RESOLUTION ACKNOWLEDGING RECEIPT OF REPORT FROM FIRE CHIEF
REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRED
PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH
AND SAFETY CODE
RECOMMENDATION:
Adopt resolution acknowledging receipt of a report made by the Fire Chief regarding the annual
inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health
and Safety Code for 2019.
BACKGROUND:
On December 2, 2016, a fire broke out in a warehouse, known as the Ghost Ship, in Oakland,
California. What became the deadliest building fire in the history of the city took 36 lives that night. It
quickly caught media attention throughout California, across the United States, and around the world.
Numerous articles, editorials, and social media postings were published, specifically around the Bay
Area.
Subsequently, media attention put a spotlight on fire and safety laws and inspections in California.
Lawmakers quickly jumped to the occasion, and one law, Senate Bill 1205 (SB 1205), was authored to
assist in the prevention of tragedies of this nature and magnitude. On September 27, 2018, SB 1205
became effective, and added a new section to the California Health and Safety Code (CHSC) which
affects every fire department or fire district in the State. This new bill requires every fire department or
district to annually report to its administering authority, compliance status with the annual inspection
requirements of the California Health and Safety Code. The bill also requires the administering
authority to formally acknowledge receipt of the compliance report in a resolution or a similar formal
document.
ANALYSIS:
On September 27, 2018, SB 1205 became effective, and added a new section to the CHSC which affects
every fire department or fire district in the State. This new bill requires every fire department or district to
annually report to its administering authority, compliance status with the annual inspection requirements
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
of the CHSC. The bill also requires the administering authority to formally acknowledge receipt of the
compliance report in a resolution or a similar formal document. It also now requires every fire department
or district providing fire protection services to annually inspect every building used as a public or private
school. This same annual inspection requirement is applicable to hotels, motels, lodging houses,
residential care facilities and apartment houses containing three or more living units. SB 1205 provides
an avenue for policy makers to understand the annual inspection requirements and compliance status
so that any communicated shortcomings can receive the necessary actions to remedy.
Within the City of San Rafael, there are 626 residential occupancy structures and 20 academic
occupancies. The Fire Department was able to inspect 98% of the residential occupancies and 100% of
the academic facilities.
FISCAL IMPACT:
There is no fiscal impact associated with this action. This resolution merely acknowledges that our Mayor
and Council has accepted the report from the Fire Chief. The inspection program has been accomplished
with existing Fire Department staffing resources.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Staff’s recommended action to approve the Resolution.
2. Adopt Resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommends approval of the Resolution
ATTACHMENTS:
1. Resolution
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RESOLUTION NO. 14871
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE
SAN RAFAEL FIRE DEPARTMENT REGARDING THE ANNUAL INSPECTION OF
CERTAIN OCCUPANCIES REQUIRED PURSUANT TO SECTIONS 13146.2 AND
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
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 San Rafael 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, and apartment house compliance with
building standards, as provided; and,
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire
departments, including the San Rafael 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 San Rafael intends this Resolution to
fulfill the requirements of the California Health & Safety Code regarding acknowledgment
of the San Rafael Fire Department’s compliance with California Health and Sections
13146.2 and 13146.3;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES that it has received the annual inspection report required pursuant to
Sections 13146.2 and 13146.3 of the California Health and Safety Code, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
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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 San Rafael, there lie twenty Group E occupancies, buildings,
structures and/or facilities.
During calendar/fiscal year 2019, the San Rafael Fire Department completed the
annual inspection of twenty Group E occupancies, buildings, structures and/or facilities.
This is a compliance rate of 100% 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 several
residential care facilities). These residential care facilities have a few 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 disabilities, etc.
The residents may also be non-ambulatory or bedridden.
During calendar year 2019, the San Rafael Fire Department completed the annual
inspection of 615 of the 626 Group R occupancies, buildings, structures and/or facilities.
This is a compliance rate of 98% for this reporting period.
I, Lindsay Lara, 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 November 16, 2020 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk