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Home My WebLink AboutCC RESO 2020-131RESOLUTION NO. 2020 - 131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 BE PERFORMED ANNUALLY PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE 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, BE IT RESOLVED that the City Council of the City of National City does hereby expressly 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" and by this reference incorporated herein as though set forth in full and as follows: A. EDUCATIONAL GROUP E OCCUPANCIES: 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 National City, there are 21 Group E occupancies, buildings, structures, and/or facilities. During Fiscal Year 2019-2020, the National City Fire Department completed the annual inspection of Group E occupancies, buildings, structures, and/or facilities. This is a compliance rate of 90% for this reporting period. Additional items of note regarding this compliance rate can be found in Exhibit "A" for this resolution. Resolution No. 2020 - 131 Page Two 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 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, etc. The residents may also be non -ambulatory or bedridden. Within the City of National City, there are 359 Group R (and their associated sub -categories) occupancies of this nature. During Fiscal Year 2019-2020, the National City Fire Department completed the annual inspection of 307 Group R occupancies, buildings, structures, and/or facilities. This is a compliance rate of 86% for this reporting period. Additional items of note regarding this compliance rate can be found in Exhibit "A" of this resolution. PASSED and ADOPTED this 4th day of August, 2020. ATTEST: R. Dalla, City Clerk APPROVED AS TO FORM: P. Morris Jones -,� ney Alejandra Sotelo-Solis, Mayor Passed and adopted by the Council of the City of National City, California, on August 4, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of Nakianal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-101 of the City of National City, California, passed and adopted by the Council of said City on August 4, 2020. City Clerk of the City of National City, California By: Deputy 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 21 Group E occupancies, buildings, structures and facilities. During fiscal year 2019-20, the National City Fire Department completed the annual inspection of 19 Group E occupancies, buildings, structures, and facilities. This represents a compliance rate of 90%. There was one dedicated fire inspector assigned to these occupancy type and the performance for fiscal year 2019-2020 will trend upwards with an anticipated completion of 100% of the required inspections. The increase in performance will be attributed overall to an additional fire inspector hired on June 2, 2020. 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. 1 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 during an annual assembly. 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. Within the City of National City, there were 359 Group R (and their associated sub -categories) occupancies. During fiscal year 2019-2020, the National City Fire Department completed the annual inspection of 307 Group R occupancies, buildings, structures, and facilities. This is a compliance rate of 86%. Residential occupancy inspections had been achieved by the Fire Prevention Bureau with (1) Fire Inspector and (2) volunteers who volunteered several days a week totaling approximately thirty two (32) hours per month. Additionally, the department has seen an upward swing of building construction in the City of National City, and further mandates by the California State Fire Marshal's Office, resulting in an increase of an additional three hundred and six (306) Multi -family residential properties, resulting in an overall total of six hundred and sixty five (665) R occupancies (46% increase) for the current reporting period. In an effort to increase overall performance and compliance with the State mandate, the Department was successful in actively working through the City Managers Office, Human Resources, and the Finance Department, in an effort to hire one (1) Fire Inspector to assist with the overall two thousand nine hundred (2,900) business and residential fire inspections. The combined effort is trending to increase the Department's compliance rate of the mandated inspections for fiscal year 2019-2020. ENVIRONMENTAL ANALYSIS: 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. COUNCIL POLICY CONSIDERATION: This action supports the City Council's strategic goal to ensure public safety. FISCAL IMPACT: 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. 2