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SR 09-26-2023 5D City Council Report City Council Meeting: September 26, 2023 Agenda Item: 5.D 1 of 4 To: Mayor and City Council From: Wolfgang Knabe, Interim Fire Chief, Fire Department Subject: Adoption of a Resolution accepting a report on the status of all state- mandated annual fire inspections in the City of Santa Monica in conjunction with SB1205 and California Health and Safety Code Section 13146.4. Recommended Action Staff recommends that the City Council: 1. Adopt a Resolution acknowledging receipt of a report on the status of state mandated annual fire inspections in the City of Santa Monica pursuant to California Health and Safety Code Section 13146.4 2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. Summary With the signing of SB 1205 (Hill) on September 27, 2018 by the Governor, the California Health and Safety Code was amended by adding Section 13146.4 which requires that all fire departments perform annual inspections pursuant to Sections 13146.2 and 13146.3 and report annually to its administrating authority on its compliance. These sections mandate that annual inspections of all public and private schools, hotels, motels, lodging houses, and all apartment and condominium buildings be performed by the Fire Department. The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code. The Fire Department completed annual fire inspections of these facilities for Fiscal Year 2022-2023. A resolution to accept the City’s FY 2022-2023 annual fire inspections report is included as Attachment A. 5.D Packet Pg. 233 2 of 4 Discussion SB 1205 requires that every city or county fire department or district to perform the above-described inspections and to report annually to its administering authority on the department or district’s compliance with the above-described inspection requirements. The bill also requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. Further, the acceptance of this compliance report and the recommended Resolution fulfills the statutory requirements contained in California Health and Safety Code Sections 13146.2, 13146.3 and 13146.4, as amended by SB 1205. The California Building Code also specifies that condominiums should be considered apartments for building code application. An apartment shall consist of three or more attached units and excludes all duplex style buildings. Last fiscal year, the Fire Department inspected 3,828 apartment/condominium buildings with three or more units. 5.D Packet Pg. 234 3 of 4 The following is the mandated reporting of the inspections from the Santa Monica Fire Department for the Fiscal Year 2022-2023. Occupancy Type Inspections Completed Total Number Percentage Completed Schools Public 40 40 100% Schools Private 18 18 100% Jails SMPD PSF 1 1 100% Multi-Family Residential Three Units + 3,828 3,828 100% Total Inspections Completed 3,887 During Fiscal Year 2022-2023 the Fire Department conducted 3,887 state-mandated annual inspections under California Health and Safety Code Sections 13146.2, 13146.3 and 13146.4 and 3,055 other types of annual inspections shown in the table below. In addition to the mandated reporting of the specific occupancies above, the following are the remaining inspections conducted by the Santa Monica Fire Department on an annual basis, reported for Fiscal Year 2022-2023. Occupancy Type Inspections Completed Total Number Percentage Completed Assemblies, Institutions, Hospitals 309 309 100% Highrise 80 80 100% Underground Storage Tanks 34 34 100% New Construction Plan Review and Inspections 2,118 2,118 100% Business and Mercantile* Staffing priority was given to completing mandated inspections 514 4139 12% Environmental Review The reporting of Fire and Life Safety annual inspections is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense 5.D Packet Pg. 235 4 of 4 Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council Attachments: A. SB 1205 23-24 Resolution (2023) Fire Inspection 5.D Packet Pg. 236 Attachment A City Council Meeting: September 26, 2023 Santa Monica, California RESOLUTION NUMBER ________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, ACKNOWLEDGING RECEIPT OF A REPORT ON THE STATUS OF STATE MANDATED ANNUAL FIRE INSPECTIONS IN THE CITY OF SANTA MONICA PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 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 that all fire departments, including the Santa Monica Fire Department, 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 13146.2 requires that all fire departments, including the Santa Monica Fire Department, 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 Santa Monica intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Santa Monica Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3. 5.D.a Packet Pg. 237 Attachment: SB 1205 23-24 Resolution (2023) Fire Inspection [Revision 1] (5843 : Accept Report on Annual Fire Inspections Per SB1205) Attachment A NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Monica expressly acknowledges the measure of compliance of the Santa Monica Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Santa Monica 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 Santa Monica, there are 58 Group E occupancies, buildings, structures and/or facilities. During the fiscal year 2022-2023, the Santa Monica Fire Department completed the annual inspection of 58 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period. 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 Santa Monica, 5.D.a Packet Pg. 238 Attachment: SB 1205 23-24 Resolution (2023) Fire Inspection [Revision 1] (5843 : Accept Report on Annual Fire Inspections Per SB1205) Attachment A there lie 3,861 Group R (and their associated sub-categories) occupancies of this nature. During the fiscal year 2022-2023, the Santa Monica Fire Department completed the annual inspection of 3,828 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: BY: DOUGLAS SLOAN, City Attorney 5.D.a Packet Pg. 239 Attachment: SB 1205 23-24 Resolution (2023) Fire Inspection [Revision 1] (5843 : Accept Report on Annual Fire Inspections Per SB1205)