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 (SB) 1205, which became effective in September 2018, enhanced an existing law that required every city fire department, county fire department or district providing fire protection services to annually inspect specific residential occupancies, including hotels, motels, boarding houses, apartment houses, fraternities, sororities, congregate residences, and similar, for compliance with building standards within the jurisdiction (HSC §13146.2). Existing law also requires annual inspection of every building used as a K-12th grade public or private school within the jurisdiction (HSC §13146.3). SB 1205 creates a new mandatory process whereby fire departments present an annual report to their governing authority regarding compliance with safety inspection requirements. SB 1205 further requires the governing authority to acknowledge receipt of the report via resolution or other similar formal document. For calendar year 2021, there were 1,442 occupancies required to be inspected under the current state regulations within the City of Santa Clara.
DISCUSSION
Senate Bill 1205 requires an inspection status report to be given to Council during its annual budget discussions (or at another time determined by Council), and that Council acknowledge receipt of the report in the manner described above.
The Fire Department is pleased to report 100.0% completion of the 44 public and private schools, and 99.5% of the 1,398 residential occupancy inspections required in calendar year 2021 (see table below). For calendar year 2021, the 0.5% (7 occupancies) not inspected, were subsequently inspected as of the date of this report.
2021 Inspection Status Report Data
|
Occupancy Type |
Inspections Required |
Inspections Performed |
% Complete |
|
Public and Private Schools |
44 |
44 |
100.0% |
|
Residential R-1, R-2, R2.1, R-4 (see Attachment Appendix A - Occupancy Type Definitions for definitions) |
1,398 |
1,391 |
99.5% |
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
Council has previously approved a cost recovery mechanism for the inspection mandates in the form of inspection fees as allowed by the Health and Safety Code. Revenues and related expenditures were included in FY 2020/21 and FY 2021/22 appropriations, with no additional impacts.
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: Deanna J. Santana, City Manager
ATTACHMENTS
1. SB 1205 Resolution
2. SB 1205 (HSC 13146.4)
3. Appendix A - Occupancy Type Definitions