The URL can be used to link to this page

Home My WebLink AboutRes 2019-88 - Fire Department Annual Inspection ReportSTAFF REPORT CITY OF PALM DESERT FIRE DEPARTMENT MEETING DATE: December 12, 2019 PREPARED BY: Sonia Cooley, Deputy Fire Marshal REQUEST: Adoption of Resolution No. 2019 -88 , compliance with the annual inspection of certain occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code Recommendation Waive further reading and adopt Resolution No. 2019 - 88 , compliance with the annual inspection of certain occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code. Strategic Plan This request represents routine administrative business of the City; there is no specific Strategic Plan objective to associate. Backaround Analysis In 2018, California Health and Safety Code Section 13146.4 was added and became effective January 1, 2019. Section 13146.4 requires all fire departments, that provide fire protection services, to report annually to their administering authority on their compliance with Health and Safety Code Sections 13146.2 and 13146.3. Sections 13146.2 and 13146.3 require annual inspections of 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. Fiscal Analysis There is no fiscal impact associated with adoption of this resolution and schedule. December 12, 2019 — Staff Report Resolution for compliance with California Health and Safety Code 13146.4 Page 2 of 2 LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT Approved as to Form REVIEW or Content N/A k1/4 N/A Robert W. Hargreaves Rachelle D. Klassen Janet M. Moore City Attomey City Clerk Director of Finance City Manager Lauri Aylaian ATTACHMENTS: 1. Resolution for compliance with California Health and Safety Code 13146.4 RESOLUTION NO. 2019-88 2. California Health and Safety Code Section 13146.2 to Section 13146.4 CITY MANAGER An y I irestine A sistont City Manager RESOLUTION NO. 2019 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE ANNUAL INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on January 1, 2019; and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Riverside County Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Health & Safety Code sections 13146.2 and 13146.3; and WHEREAS, California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including the Riverside County Fire Department, that 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, the Council of the City of Palm Desert intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of the Riverside County Fire Department's compliance with California Health and Safety Code Sections 13146.2 and 13146.3. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Desert, California: expressly acknowledges the measure of compliance of the Riverside County Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Palm Desert for the time period of July 1, 2018 to June 30, 2019, as follows: Section 1. Educational Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Palm Desert. Section 2. 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. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Palm Desert. RESOLUTION NO. 2019 - 88 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 12th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY 2 HEALTH AND SAFETY CODE - HSC DIVISION 12. FIRES AND FIRE PROTECTION [13000 -14960] ( Division 12 enacted by Stats. 1939, Ch. 60. ) PART 2. FIRE PROTECTION [13100 -13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) CHAPTER 1. State Fire Marshal [13100 -13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ARTICLE 2. The State Board of Fire Services [13140 -13147] ( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) 13146.2. (a) Every city, county, or city and county fire department or district providing fire protection services required by Sections 13145 and 13146 to enforce building standards adopted by the State Fire Marshal and other regulations of the State Fire Marshal shall, annually, inspect all structures subject to subdivision (b) of Section 17921, except dwellings, for compliance with building standards and other regulations of the State Fire Marshal. (b) A city, county, or city and county fire department or district providing fire protection services that inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection from the owner of the structure in an amount, as determined by the city, county, or city and county fire department or district providing fire protection services, sufficient to pay the costs of that inspection. (c) A city, county, or city and county fire department or district providing fire protection services that provides related fire and life safety activities for structures subject to subdivision (b) of Section 17921, such as plan review, construction consulting, fire watch, and investigation, may charge and collect a fee from the owner of the structure in an amount, as determined by the city, county, city and county, or district, sufficient to pay the costs of those related fire and life safety activities. (d) The State Fire Marshal, or the State Fire Marshal's authorized representative, who inspects a structure subject to subdivision (b) of Section 17921, except dwellings, for compliance with building standards and other regulations of the State Fire Marshal, may charge and collect a fee for the inspection from the owner of the structure. The State Fire Marshal may also charge and collect a fee from the owner of the structure for related fire and life safety activities, such as plan review, construction consulting, fire watch, and investigation. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the State Fire Marshal, sufficient to pay the costs of that inspection or those related fire and life safety activities. (Amended by Stats. 2019, Ch. 31, Sec. 9. (S8 85) Effective June 27, 2019.) 13146.3. (a) A city, county, or city and county fire department or district providing fire protection services shall inspect every building used as a public or private school within its jurisdiction, for the purpose of enforcing regulations promulgated pursuant to Section 13143, not less than once each year. The State Fire Marshal and the State Fire Marshal's authorized representatives shall make these inspections not Tess than once each year in areas outside of corporate cities and districts providing fire protection services. (b) A city, county, or city and county fire department or district that, or the State Fire Marshal or the State Fire Marshal's authorized representative who, inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection in an amount sufficient to pay the costs of that inspection. (Amended by Stats. 2019, Ch. 31, Sec. 10. (SB 85) Effective June 27, 2019.) 13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document. (d) For purposes of this section, "administering authority" means a city council, county board of supervisors, or district board, as the case may be. (Added by Stats. 2018, Ch. 854, Sec. 1. (SB 1205) Effective January 1, 2019.)