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HomeMy WebLinkAboutCC RESO 2021-159RESOLUTION NO. 2021 - 159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE CHIEF OF EMERGENCY SERVICES OF THE NATIONAL CITY FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH 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 requires all fire departments, including the National City 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, apartment house, and certain residential care facilities for compliance with building standards, as provided; and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the National City 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 National City intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the National City Fire Department's compliance with California Health and Sections 13146.2 and 13146.3. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Acknowledges the measure of compliance of the National City Fire Department in accordance with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City/County, as reflected in the Staff Report attached hereto marked as Exhibit "A". Section 2. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 2nd day of November, 2021. Alejandra`Soteloolis, Mayor ATTEST: „rt Luz Molina, ity Clerk 6 APPROVED AS TO FORM: Charles E. Bell Jr., City rney Passed and adopted by the City Council of the City of National City, California, on November 2, 2021, by the following vote, to -wit: Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California City Clerk of the ity of Nati• al City, California elley Chapel MC, Depu$r City Clerk EXHIBIT "A" STAFF REPORT SUBJECT: ACKNOWLEDGE THE NATIONAL CITY FIRE DEPARTMENT'S REPORT REGARDING PERFORMANCE OF ANNUAL INSPECTIONS PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE RECOMMENDATION: It is recommended that the City Council: 1. Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule; and 2. Adopt the resolution recognizing the National City Fire Department's level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3. 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. This law amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be given when the administering authority discusses its annual budget and receipt -of the report must be acknowledged in a resolution or similar formal document. State mandated inspections were enacted by the California Health & Safety Code Sections 13146.2 and 13146,3 and requires'all fire departments 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. The California Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to report or demonstrate compliance as the new law (SB 1205) does. Although there are no penalties identified in the law, adoption of the resolution will establish the City of National City's intent to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the National City Fire Department's compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the state mandated inspections above and further described below. Public and private schools are generally classified as Educational Group E occupancies. They are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City of National City, there are 22 Group E occupancies, buildings, structures and facilities, An inspection of schools in our district presented an obvious challengeasstaff and children were not present during these inspections due to COVID. However, the prevention bureau was creative in coordinating with school officials and custodial staff to assist with these inspections. During fiscal year 2020-21, the National City Fire Department completed the annual inspection of 20 Group E occupancies, buildings, structures, and facilities. This represents a compliance rate of 91%. There were two dedicated fire inspectors assigned to these occupancy types and the performance for fiscal year 2021-2022 will trend upwards with an anticipated completion of 100% of the required inspections. This department will also continue to improve coordination and cooperation with school administration and maintenance staff, which will result in a reduction in violations that would require re -inspection. Although all schools were closed due to COVID, fire safety 1 inspections were still completed with custodial staff on twenty (20) of the twenty two (22) schools found here in our district. Currently, the National City Fire Department continues to promote its Fire Safe School of the Year Award, presented to the safest elementary school in the National School District. The award established in 2002, continues to promote friendly competition between schools while making our schools a safer place. Hotels, motels, apartments (three units or more), and other residential occupancies that contain sleeping units (including some residential care facilities) are generally classified as Residential Group R occupancies. The residential care facilities have various sub -classifications and may contain residents or clients that have a range of needs, such as, custodial care, mobility impairments, cognitive disabilities, and more. The residents may also be non -ambulatory. In an effort to increase overall performance and compliance with the State mandate, the Department was successful in actively working through the City Manager's Office, Human Resources, and the Finance Department, to hire one (1) Fire Inspector to assist with the overall two thousand nine hundred (2,900) business and residential fire inspections. With the addition of the new inspector, overall annual inspections have increased from five hundred and ninety nine (599) to one thousand thirty five (1035). The combined effort is trending to increase the Department's compliance rate of the mandated inspections for fiscal year 2021-2022. Within the City of National City, there were 665 Group R (and their associated sub -categories) occupancies. During fiscal year 2020-2021, the National City Fire Department completed the annual inspection of 429 Group R occupancies, buildings, structures, and facilities. This is a compliance rate of 76 %. Residential occupancy inspections have been achieved by the Fire Prevention Bureau with one (1) new Fire Inspector. As COVID-19 descended upon this nation, state, and National City, the fire prevention bureau worked tirelessly meeting with distraught and confused business owners and the general public, providing face to face current information as our City's COVED Hot Team. As the COVID Temporary Outdoor Permit Program (CTOP) begin to flourish resulting in two hundred and ninety six (296) businesses visited with approximately 54 CTOP permits issued, new State, Occupational Safety and Health Administration (OSHA), and Center for Disease Control (CDC) information continued to flow into this office daily. Ever changing information received, resulted in well over one thousand (1000) re -visits to all of these businesses, in order to provide current information on parklets, dinning tents, weather canopies, and the Activate the Right of Way Program (AROW). As businesses in our city continued to close and inspections began to decrease, the bureau actively participated in almost every vaccine clinic which included the National City Library, Sweetwater High School, National School District/Las Palmas UCSD vaccine clinic, Saint Anthony's Church vaccine clinic, and homeless camp vaccine outreach. Our efforts were an aggressive attempt to get more of our city residents vaccinated. Administration staff consisting of a part time senior office assistant and an acting administrative secretary, worked diligently in support of the inspection staff, answered COVID vaccine site questions, assisted with COVID schedules, processed inspection requests, and prepared C-Top permits in an effort to assist the citizens and business in unprecedented times. ENVIRONMENTAL ANALYSIS: Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEOA Guidelines Section 15061(b) (3), the general rule. COUNCIL POLICY CONSIDERATION: This action supports the City Council's strategic goal to ensure public safety. FISCAL IMPACT: 2 There is no fiscal impact as a result of acknowledging the National City Fire Department's compliance with certain State mandated fire inspections. The report seeks to communicate with the governing authority about the level of compliance with state mandated safety inspections. This report should assist the National City Fire Department and governing authority in planning and prioritizing available resources to appropriately staff and carry out state mandated inspections. 3