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HomeMy WebLinkAbout05 - CC-5 - SB1205 Compliance Report for 2020 State- - 6/1/2021 1 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. 2 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. 3 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