HomeMy WebLinkAbout05 - CC-5 - SB1205 Compliance Report for 2020 State- - 6/1/2021
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CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 01, 2021 ITEM NUMBER: CC-5
SUBJECT: SB 1205 COMPLIANCE REPORT FOR 2020 STATE-MANDATED
ANNUAL FIRE INSPECTIONS
DATE: MAY 13, 2021
FROM: COSTA MESA FIRE & RESCUE DEPARTMENT / COMMUNITY RISK
REDUCTION DIVISION
PRESENTATION
BY:
JON NEAL, FIRE MARSHAL
FOR FURTHER INFORMATION
CONTACT:
JON NEAL, FIRE MARSHAL
(714) 754-5049
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution to accept this report as its
Report on the status of all 2020 state-mandated annual fire inspections in the City as
required by California Health and Safety Code Section 13146.4.
BACKGROUND:
California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after
the tragic Ghost Ship Fire (December 2016) brought national attention to California and
put a spotlight on fire safety laws as well as the performance of fire inspections. Effective
January 1, 2019, SB 1205 amended the California Health and Safety Code (HSC) to add
Section 13146.4. This new provision requires those fire departments that are mandated
to perform annual inspections pursuant to Sections 13146.2 and 13146.3 to report
annually to its administrating authority on compliance therewith. These sections in
general mandate that city and county fire departments conduct annual inspections of all
public and private schools, hotels, motels, lodging houses, and all apartment buildings
(except individual dwelling units). Pursuant to SB 1205, the City of Costa Mesa Fire &
Rescue Department (CMFR), submits this report in order to demonstrate its compliance
with H&S Code Sections 13146.2 and 13146.3 for the 2020 calendar year.
ANALYSIS:
The purpose of annual fire and life safety inspections is to mitigate known hazards, reduce
risk to the community and ensure reasonable compliance with the California Fire Code.
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CMFR utilizes a fire records management system, FireRMS, to schedule the annual
inspections and document observed code enforcement violations. Each year in January
inspections are batched according to occupancy and assigned to a Fire Station Crew or
Community Risk Reduction personnel based on coverage area. In 2020, CMFR modified
inspection processes across all Divisions to limit exposure to COVID-19. Two of the
schools were not completed in 2020 due to COVID closures and scheduling conflicts at
the end of the year.
Section 13146.2 mandates that the local fire department inspect all hotels, motels, and
lodging houses annually. CMFR inspected 100% of the 30 hotels and motels identified
in FireRMS.
Section 13146.2 also mandates that the local fire department inspect all apartment
buildings, except dwelling units. An apartment shall consist of three or more attached
units, and excludes all duplex-style buildings. CMFR inspected 100% of the 1047
apartment locations identified in FireRMS with three attached units or greater.
Section 13146.3 also mandates that the local fire department inspect all public and private
schools once annually. CMFR inspected 46 of 48 public and private school locations
identified in FireRMS.
CMFR completed 99.82% of the 1,125 mandated annual inspections during the 2020
calendar year as required by California Health and Safety Code mandate.
In preparation for this report, an audit of the 2020 FireRMS inspection activity revealed
that the 2019 educational occupancy batch issue was resolved. As a result, all 19 of the
schools that were missed in 2019 received their inspections in 2020. The two schools that
were missed in 2020 due to COVID closures and scheduling conflicts were completed in
early 2021. Eleven (11) apartments were added to the FireRMS database in 2020 and
annual inspections have been completed.
ALTERNATIVES CONSIDERED:
There are no alternatives considered for this item.
FISCAL REVIEW:
There are no fiscal impacts with the filing and acceptance of this report.
LEGAL REVIEW:
Pursuant to H&S Code Section 13146.4, this Report shall be made when the City
Council discusses the annual budget, or at another time as determined by the Council.
The City Attorney’s Office has reviewed this report and the attached resolution and
approves them as to form.
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CITY COUNCIL GOALS & PRIORITIES:
Goal #1: Keep our Community Safe.
Goal #2: Improve our Neighborhoods and Quality of Life.
CONCLUSION:
CMFR acknowledges that the goal of 100% compliance with H&S Code Sections 13146.2
and 13146.3 was not achieved in 2020. As noted above, the two educational sites that
were not inspected in 2020 received inspections in early 2021. In addition, CMFR staff
are completing in-person and virtual audits of areas with multi-family housing in 2021 to
ensure that the RMS database accounts for all apartment buildings that require an annual
inspection.
Currently, FireRMS functions independently from the City’s exiting construction permit
and land management program PermitsPlus. FireRMS lacks a direct connection to update
the over 6,000 occupancies as changes in use or occupancy are permitted in
PermitsPlus. It is critical that occupancy data and inspection scheduling is updated in real-
time with changes of use so that annual inspection scheduling is completed according to
HSC 13146.2 and 13146.3. CMFR plans to shift all of the fire occupancy management
portions of the annual inspection and operational permit programs from FireRMS to the
new Land Management System (LMS). As part of the City’s new LMS implementation, all
occupancy records, including educational and residential, will be examined and assigned
appropriate scheduling according to mandates before import. CMFR is committed to
achieving 100% compliance in 2021, and staff will be deployed to meet the goal.
Therefore, staff recommends that the City Council:
Adopt the attached Resolution accepting this report as CMFR’s Report on the status of
all 2020 state-mandated annual fire inspections in the City of Costa Mesa as required by
H&S Code Section 13146.4.
DANIEL A. STEFANO
Fire Chief
ATTACHMENTS: 1 – Resolution No. 2021-XX
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
Resolution No. 2021-xx Page 1 of 3
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ACCEPTING A REPORT ON THE STATUS OF
2020 STATE MANDATED ANNUAL FIRE INSPECTIONS IN THE CITY
OF COSTA MESA PERSUANT TO CALIFORNIA HEALTH AND
SAFETY CODE SECTION 13146.4.
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 48 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 1047 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 2020 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 2020 state-
mandated annual fire inspections in the City; and
Attachment 1
Resolution No. 2021-xx Page 2 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 2020, the Costa Mesa Fire & Rescue Department completed the annual inspection
of 46 Group E occupancies. This is a compliance rate of 95.83% for this reporting period.
2. Residential Group R Occupancies:
During fiscal year 2018-2019, the Costa Mesa Fire & Rescue Department completed the
annual inspection of 1077 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 98.26% 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 2020 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.
PASSED AND ADOPTED this 1st day of June, 2021.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________
Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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. 2021-xx and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 1st day of July,
2021, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 1st day of June, 2021.
________________________
Brenda Green, City Clerk