HomeMy WebLinkAbout2024-26 - SB1205RESOLUTION NO. 2024-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
ACCEPTING A REPORT ON THE STATUS OF 2023 STATE MANDATED ANNUAL FIRE
INSPECTIONS IN THE CITY OF COSTA MESA PERSUANT TO CALIFORNIA HEALTH AND
SAFETY CODE SECTION 13146.4.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES
AS FOLLOWS:
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all
fire departments, including the Costa Mesa Fire & Rescue 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, these annual inspections are required of specified Educational Group E
occupancies and Residential Group R occupancies as classified in the California Building Code;
and
WHEREAS, 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 Costa Mesa, there lie 52 Group E occupancy campuses; and
WHEREAS, Residential Group R occupancies are generally those occupancies
containing sleeping units, and include hotels, motels, apartments (three units or more), etcetera,
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 disabilities, etcetera. The residents may also be non -ambulatory or
bedridden. Within the City of Costa Mesa, there lie 1227 Group R (and their associated sub-
categories) occupancies of this nature; and
WHEREAS, Section 13146.4 was added to the California Health & Safety Code by Senate
Bill 1205 (Hill, 2018), and became effective on January 1, 2019; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire
departments, including the Costa Mesa Fire & Rescue 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 Costa Mesa Fire & Rescue Department has presented its report to the
City Council on the status of all 2023 state -mandated annual fire inspections in the City as
required by SB 1205 and California Health and Safety Code Section 13146.4; and
WHEREAS, the City Council of the City of Costa Mesa intends this Resolution to fulfill the
requirements of the California Health & Safety Code Section 13146.4 regarding compliance with
California Health & Safety Code Sections 13146.2 and 13146.3 and desires to accept the Costa
Mesa Fire & Rescue Department's report thereon as its Report on the status of all 2023 state -
mandated annual fire inspections in the City; and
Resolution No. 2024-26 Page 1 of 3
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa
that said City Council expressly acknowledges the measure of compliance of the Costa Mesa Fire
& Rescue Department with California Health & Safety Code Sections 13146.2 and 13146.3 in the
area encompassed by the City of Costa Mesa, as follows:
1. Educational Group E Occupancies:
During 2023, the Costa Mesa Fire & Rescue Department completed the annual inspection
of 52 Group E occupancies. This is a compliance rate of 100% for this reporting period.
2. Residential Group R Occupancies:
During 2022, the Costa Mesa Fire & Rescue Department completed the annual inspection
of 1227 Group R locations, occupancies, buildings, structures and/or facilities. This is a
compliance rate of 100 % for this reporting period.
BE IT FURTHER RESOLVED as follows:
1. That the above recitations are true and correct.
2. That this Resolution, and all actions taken subsequent hereto in connection herewith,
are taken pursuant to the provisions of California Health & Safety Code Section 13146 et seq.
4. The City of Costa Mesa is in compliance with 100% of the state -mandated fire inspection
requirements contained within California Health & Safety Code Sections 13146.2 and 13146.3.
5. The City Council accepts the Costa Mesa Fire & Rescue Department's Report on the
status of all 2023 state -mandated annual fire inspections in the City, and determines that the
Costa Mesa Fire & Rescue Department has met its mandatory reporting requirements to the City
Council as the administering agency, pursuant to California Health and Safety Code Section
13146.4.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or
portion of this Resolution, or the documents in the record in support of this Resolution, are for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining provisions.
The City Clerk shall certify to the passage and adoption of this Resolution and shall enter
it into the book of original resolutions.
Resolution No. 2024-26 Page 2 of 3
PASSED AND ADOPTED this 4th day of June, 2024.
ATTEST:
Brenda Green, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF COSTA MESA
ss
APPROVED AS TO FORM:
Kimberly Hall Barl , City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing is the original of Resolution No. 2024-26 and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 41h day of June,
2024, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, MARR, REYNOLDS, HARLAN, AND
STEPHENS
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: HARPER.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 5th day of June, 2024.
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Brenda Green, Wy Clerk