HomeMy WebLinkAboutFD 2021 Fire Prevention Inspections of Certain Occupancies____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: May 2, 2022
Disposition: Resolution 15062
Agenda Item No: 5.h
Meeting Date: May 2, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Darin White, Fire Chief City Manager Approval: ______________
TOPIC: 2021 FIRE PREVENTION INSPECTIONS OF CERTAIN OCCUPANCIES
SUBJECT: RESOLUTION ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF REGARDING THE 2021 ANNUAL FIRE PREVENTION INSPECTION OF
CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
RECOMMENDATION:
Adopt the resolution acknowledging receipt of a report made by the Fire Chief regarding the 2021 annual
fire prevention inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the
California Health and Safety Code.
BACKGROUND:
On December 2, 2016, a fire broke out in a warehouse, known as the Ghost Ship, in Oakland, California.
What became the deadliest fire in the history of the city took 36 lives that night. The deadliest fire since
the Station nightclub fire in 2003, it quickly caught the attention of media throughout California, and the
United States. Several articles, editorials, and social media postings were published, specifically around
the Bay Area.
Media attention put a spotlight on fire and safety laws and inspections in California. In response,
lawmakers passed Senate Bill (“SB”) 1205, which 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 their compliance 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:
In addition to reporting requirements, SB 1205 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 and the required reporting provides
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
an avenue for policy makers to understand the annual inspection requirements as well as compliance so
they can understand full compliance or shortcomings.
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 in 2021. Roughly 2% of residential occupancies were not able to be inspected due
to our inability to access the site, addressing problems, or difficulties associated with contacting a property
owner or building manager. Additional effort will be made to ensure these properties are inspected in
2022.
FISCAL IMPACT:
There is no additional impact to the General Fund. The inspection program is funded by existing Fire
Department staffing resources.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution.
2. Adopt the resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Adopt the resolution acknowledging receipt of a report made by the Fire Chief regarding the 2021 annual
fire prevention inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the
California Health and Safety Code.
ATTACHMENTS:
1. Resolution
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RESOLUTION NO. 15062
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF REGARDING THE 2021 ANNUAL FIRE PREVENTION
INSPECTION OF CERTAIN OCCUPANCIES 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
require 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 for 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 2021, 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.
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 2021, 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. Additional items of note
regarding this compliance rate can be found in the accompanying staff report for this
resolution.
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 the 2nd day of May 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk