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
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
In the aftermath of the tragic Ghost Ship Fire in Oakland, California, legislators undertook a comprehensive review of fire safety protocols, particularly scrutinizing the efficacy of state-mandated fire inspections. The analysis led to California Senate Bill 1205 (SB 1205) enactment on September 27, 2018, which took effect on January 1, 2019, amending the California Health and Safety Code by introducing Section 13146.4 (Attachment 1). This legislation necessitates that fire departments annually report their performance of state-mandated fire inspections to the City Council, which is required to acknowledge receipt of the report through a resolution. Specifically targeting Educational Group E and Residential Group R occupancies, the law pertains to a wide range of uses including public and private schools serving more than six individuals up to the 12th grade, commercial daycares, as well as various residential facilities such as hotels, motels, apartments (three units or more), lodging homes, dormitories, fraternities, sororities, monasteries, convents, live/work units, vacation timeshare properties, and residential care facilities. The mandate for annual inspections of these occupancies is outlined in California Health and Safety Code Sections 13146.2 and 13146.3 (Attachment 2).
The legislative intent underlying SB 1205 is multifaceted, aiming to proactively mitigate future tragedies while fostering accountability, transparency, and oversight in enforcing building standards. This bill formalizes reporting procedures, ensuring City Councils actively acknowledge compliance reports during budget deliberations. This ensures the Fire Department receives adequate resources to fulfill its annual inspection mandates.
Moreover, the legislation underscores a profound commitment to public safety by emphasizing the importance of community engagement and proactive measures in preventing fire-related incidents. Through its comprehensive approach to accountability, transparency, and oversight, SB 1205 ensures that the Community Risk Reduction Division of the Fire Department is equipped to effectively protect lives, property, and the broader interests of the community.
DISCUSSION
This report and resolution (Attachment 3) are being submitted to comply with the reporting requirements of California Health and Safety Code Section 13146.4. The report is for inspections completed during the 2023 Calendar Year.
SB 1205 highlights the critical role of fire inspections in upholding community safety and well-being, reflecting a broader understanding of their significance. These inspections represent proactive measures to pinpoint and mitigate potential hazards before they escalate into life-threatening emergencies. By fostering effective community risk reduction education through regular inspections, communities can substantially reduce property damage and losses during crises, thereby fostering resilience. Moreover, prioritizing fire inspections cultivates an environment conducive to economic prosperity and development. Communities that uphold high safety standards attract businesses, residents, and developers, fostering sustainable growth. Emphasizing risk reduction measures such as fire inspections, is vital to minimizing the adverse impacts of emergencies and ensuring our community's long-term prosperity and security.
The Fire Department is pleased to report 100% completion of the 47 educational occupancies and the 1,191 residential occupancy inspections required in calendar year 2023 (see table below). The 2023 inspection status report for calendar year 2022 (Attachment 4) adopted by the Council, highlighted the 100% completion of all educational occupancies, while residential occupancies achieved a completion rate of 94.8%. This 2024 report underscores a notable improvement in performance concerning residential occupancies this year compared to the previous reporting period. This positive shift signifies a concerted effort and effective strategies implemented to ensure compliance and inspection mandates.
2024 Inspection Status Report Data (Data is from CY 2023)
|
Occupancy Type |
Inspections Required |
Inspections Performed |
% Complete |
|
Public and Private Schools |
47 |
47 |
100.0% |
|
Residential R-1, R-2, R2.1, R-4 |
1,191 |
1,191 |
100.0% |
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
There is no fiscal impact associated with this reporting other than staff time. Fees related to state-mandated occupancy inspections are included in the City’s Municipal Fee Schedule that is approved by the City Council.
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 <mailto: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 and 13146.3 of the California Health and Safety Code.
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Senate Bill 1205 - Amendment to Health and Safety Code §13146.4
2. Appendix A, California Building Code - Occupancy Classification and Use Definitions
3. Resolution
4. Resolution #23-9206