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
Senate Bill 1205 (SB 1205), enacted by the State of California in September 2018 in response to the tragic Oakland Ghost Ship fire of December 2016, serves as a pivotal measure in enhancing fire safety oversight and accountability statewide for high-risk occupancies. Authored by Senator Jerry Hill, this landmark legislation addresses critical gaps in fire safety inspection and reporting practices to prevent future tragedies and safeguard communities.
SB 1205 establishes a robust framework mandating that all city or county fire departments, city-county fire departments, and districts providing fire protection services submit annual compliance reports for fire safety inspections. These inspections cover specific high-risk occupancies, including Educational and Residential facilities (Attachment 1) as well as sleeping facilities such as hotels, motels, lodging houses, etc. Compliance reports must be formally acknowledged by the administering authority, such as a City Council, during budget discussions or other designated sessions, ensuring that fire safety remains a visible and prioritized matter in local governance. A summary of the amendments to the Health and Safety Code (Attachment 2) outlines the key statutory changes introduced by SB 1205.
The legislation’s intent is clear: to strengthen transparency, improve oversight, and foster accountability in fire safety enforcement. By requiring detailed reporting and formal acknowledgment, SB 1205 ensures that communities remain engaged in monitoring fire safety efforts. This collaborative approach not only holds fire departments accountable for inspection mandates but also supports resource allocation to address challenges and close compliance gaps.
DISCUSSION
SB 1205 highlights the essential role of fire inspections in protecting community safety and well-being, emphasizing their critical importance. These inspections are proactive measures designed to identify and mitigate potential hazards before they escalate into emergencies. By safeguarding lives, property, and the environment, fire inspections serve as a cornerstone of broader community risk reduction strategies. They promote education, increase awareness, and enhance preparedness, thereby minimizing losses during emergencies and fostering a culture of safety within the community.
Prioritizing fire inspections strengthens community resilience and creates an environment conducive to sustainable economic prosperity and growth. Adhering to rigorous safety standards reassures residents, attracts businesses, and supports development-key elements that contribute to long-term success and stability of the community.
By fostering transparency and a proactive approach to fire safety, the legislation reassures residents and stakeholders of the authorities’ commitment to protecting lives, property, and overall community well-being. The formalized reporting process provides a documented record of compliance, instilling confidence that fire safety standards are rigorously upheld.
The Fire Department is proud to report a 100% completion rate for the required mandated inspections during calendar year 2024. This includes inspections for all 31 Educational Occupancies and 1,191 Residential Occupancies, as detailed below:
2024 Inspection Status Report
|
Occupancy Type |
Inspections Required |
Inspections Completed |
% Complete |
|
Educational Occupancies - Public and Private Schools - K-12th Grade |
31 |
31 |
100.0% |
|
Residential Occupancies - R-1, R-2, R2.1, R-4 |
1,197 |
1,197 |
100.0% |
This achievement underscores the department’s steadfast commitment to community safety, adherence to legislative mandates, and the highest standards of fire safety enforcement.
While the number of educational occupancy reports has decreased compared to previous years, the recent transition of the inspection database from HdL to Accela has identified discrepancies. Specifically, 10 daycare facilities were inaccurately classified as K-12 schools. This misclassification highlights the importance of data accuracy in regulatory compliance and resource allocation, ensuring that inspections and safety measures align with the correct occupancy classifications.
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
The City Council has previously approved a cost recovery mechanism to support the implementation of the mandated inspection requirements, utilizing inspection fees as permitted by the California Health and Safety Code. These fees ensure that the costs associated with fulfilling fire safety inspection mandates are appropriately recovered, reducing financial strain on the General Fund. The anticipated revenues from these fees, along with corresponding Fire Department expenditures, were incorporated into the FY 2024/2025 budget appropriations, ensuring alignment with existing fiscal policies.
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 pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code (Attachment 3).
Staff
Reviewed by: Ruben Torres, Fire Chief
Approved by: City Manager’s Office
ATTACHMENTS
1. Appendix A, California Building Code - Occupancy Classification and Use Definitions.docx
2. Senate Bill 1205 - Amendment to Health and Safety Code §13146.4
3. Resolution 2025 SB 1205- DRAFT