REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Acknowledging Receipt by City Council of a State-Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies, and Approving Alignment of the SB 1205 Report With Annual Discussion of the Municipal Fee Schedule
Report
BACKGROUND
Senate Bill 1205 (SB 1205), enacted in September 2018 in the wake of the December 2016 Oakland “Ghost Ship” fire, is a key California measure that strengthens fire safety oversight and public accountability for higher-risk occupancies by amending the California Health and Safety Code. Authored by Senator Jerry Hill, the legislation was intended to address gaps in inspection consistency, documentation, and visibility of compliance so that similar tragedies are less likely to occur.
SB 1205 establishes a clear statewide framework requiring local fire authorities (city, county, city-county departments, and fire protection districts) to complete and document annual fire and life safety inspections for defined high-risk occupancies, including specified educational and residential settings. It also requires these agencies to prepare and submit an annual compliance report summarizing inspection activity and compliance status. Importantly, the report must be formally received and acknowledged by the local administering authority, such as the City Council, during discussions of annual budgets, or another designated public session (Resolution - Attachment 1), ensuring inspection compliance and resource needs are addressed as part of transparent local governance. A summary of the Health and Safety Code amendments is provided in Attachment 2.
The intent of SB 1205 is to improve transparency, elevate oversight, and reinforce accountability in fire prevention enforcement. By pairing inspection requirements with public reporting and governing-body acknowledgment, the statute helps keep community stakeholders informed, highlights unmet inspection obligations, and supports informed budget and staffing decisions needed to close compliance gaps and support sustained, long-term compliance.
DISCUSSION
Senate Bill 1205 and the applicable Health and Safety Code amendment underscore the essential role of fire inspections in protecting community safety and well-being, particularly in higher-risk occupancies (Attachment 3) where vulnerabilities can have severe consequences. These inspections are proactive measures that identify and reduce hazards before they escalate into emergencies, with a focus on preventing fires, supporting safe evacuation, and ensuring that critical building and life-safety features remain reliable. By protecting lives, property, and the environment, fire inspections remain a cornerstone of broader community risk reduction efforts. They also promote education, increase public awareness, and strengthen preparedness by reinforcing safe practices among building operators and occupants, helping reduce losses during emergencies, and supporting a lasting culture of safety.
This legislation reassures residents and stakeholders that the administering authority is committed to protecting lives, property, and overall community well-being. The formal reporting process also creates a clear record of inspection activity and compliance status, helps inform resource planning and budgeting discussions, and reinforces confidence that fire safety standards are being consistently maintained. This structure supports continuous improvement by identifying trends, prioritizing corrective actions, and ensuring compliance gaps are addressed to support long-term compliance.
The Fire Department’s Community Risk Reduction Division reports a 100% completion rate for all required mandated inspections during calendar year 2025. This includes inspections of all 31 Educational (K-12 Schools) Occupancies and 1,239 Residential Occupancies (apartments, hotels, motels, residential care facilities, and similar uses), as summarized below. This achievement underscores the Fire Department’s steadfast commitment to community safety, adherence to legislative mandates, and the highest standards of fire safety enforcement.
2025 Inspection Status Report
|
Occupancy Type |
Inspections Required |
Inspections Completed |
% Complete |
|
Educational Occupancies - K-12th Grade - Public and Private Schools |
31 |
31 |
100% |
|
Residential Occupancies - R-1, R-2, R-2.1 & R4 |
1,239 |
1,239 |
100% |
Appendix A of the California Building Code (Attachment 3) is attached as a reference for Occupancy Classifications and Use Definitions of any of the occupancies noted above.
Because the City has moved to a biennial operational budget model, the City’s model does not perfectly align with the requirement in Health & Safety Code 13146.4(b) that this report be brought forward in conjunction with annual budget discussions. The statute does allow a City to approve a different timing. Therefore, the Department requests, on a going-forward basis, alignment of this annual inspection report with the annual discussion of the Municipal Fee Schedule.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
As specifically authorized under the Health and Safety Code, the costs associated with providing these state-mandated inspection services in the Fire Operating Budget are fully offset by inspection fees adopted in the Municipal Fee Schedule. This ensures that the Fire Department’s Community Risk Reduction Division can fulfill its inspection obligations while minimizing any impact on the General Fund.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office, and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution acknowledging receipt of a report made by the Fire Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2, 13146.3, and 13146.4 of the California Health and Safety Code and approving alignment of the SB 1205 report with annual discussion of the Municipal Fee Schedule.
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: City Manager’s Office
ATTACHMENTS
1. Resolution 2026 SB 1205 - DRAFT
2. Senate Bill 1205 - Amendment to Health and Safety Code §13146.4
3. Appendix A, California Building Code - Occupancy Classification and Use Definitions