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HomeMy WebLinkAboutItem 11d - Annual Inspections of Certain Occupancies DATE: July 20, 2021 TO: Honorable Mayor and City Council FROM: Barry R. Spriggs, Fire Chief By: Mark Krikorian, Fire Marshal SUBJECT: RESOLUTION NO. 7384 ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE ARCADIA FIRE DEPARTMENT REGARDING INSPECTIONS OF CERTAIN OCCUPANCIES REQUIRED BY SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE Recommendation: Adopt SUMMARY The California Health and Safety Code requires the Fire Department to annually file a report with the City Council on the status of building inspections of certain building occupancy types, which must be acknowledged formally by the City Council. The subject occupancies are public and private schools, hotels, motels, lodging houses, and apartment houses, including residential care facilities. While the Fire Department typically can inspect every sensitive building each year, in 2020, due to pandemic-related closures, it was impossible to inspect certain buildings, especially educational facilities. Overall, of the 749 buildings in the required reporting categories, 724 inspections were conducted. To comply with this mandate for the calendar year 2020 reporting period, it is recommended that the City Council adopt Resolution No. 7384 acknowledging receipt of a report made by the Fire Chief of the Arcadia Fire Department regarding the inspection of certain occupancies as required pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. BACKGROUND The California State Fire Marshal, through the California’s Health and Safety Code, mandates that certain occupancies be inspected annually. In December 2016, a deadly Resolution No. 7384, Inspection of Certain Occupancies (SB 1205) July 20, 2021 Page 2 of 3 fire at an Oakland warehouse (known as the “Ghost Ship”) killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The outcome of the investigations from this tragic incident determined that even though the State required annual inspections on various occupancies, the inspection reports were not mandated to be reported to any governing body, which could have established accountability and enforcement in ensuring that structural facilities are in compliance with building safety standards. Consequently, on September 27, 2018, the Governor signed California Senate Bill 1205 (“SB 1205”) into law, which added Section 13146.4 to the California Health and Safety Code and required the reporting of annual inspections to the City Council. SB 1205 also requires the City Council to formally acknowledge receipt of the report in a resolution or a similar formal document. DISCUSSION The attached Resolution No. 7384 and its adoption will serve as a formal document to fulfill the annual fire inspection reporting requirements of Sections 13146.2 and 13146.3 of the California Health and Safety Code. According to this law, annual building inspections and reporting must be conducted on two groups of occupancies: Educational Group E and Residential Group R. Educational Group E occupancies consist of public and private schools used by more than six persons at one time for educational purposes through the 12th grade. Residential Group R occupancies are those containing sleeping units such as hotels, motels, lodging homes, and apartments (three units or more) including residential care facilities. Over the years, the City of Arcadia has regarded itself as one of the few cities to have consistently and diligently conducted its annual fire inspections to meet and exceed the State’s annual inspections requirement pursuant to the California Health and Safety Code. However, due to State mandatory lockdowns for COVID-19, many private Group E occupancies (Educational Group) were not open during year 2020 and could not be inspected. For the calendar year 2020 reporting period, 46 of 71 Group E (Educational Occupancies) buildings, structures, and/or facilities were inspected. This produced a 65% inspection rate. In Group R (Residential Occupancies), 678 occupancies were inspected for a 100% inspection rate. Copies of the individual inspection reports are available to the public upon request. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. Resolution No. 7384, Inspection of Certain Occupancies (SB 1205) July 20, 2021 Page 3 of 3 FISCAL IMPACT Adoption of Resolution No. 7384 has no immediate fiscal impact to the City. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project and is, therefore, exempt under the California Environmental Quality Act (“CEQA”); and adopt Resolution No 7384 acknowledging receipt of a report made by the Chief of the Arcadia Fire Department regarding inspections of certain occupancies required by Sections 13146.2 and 13146.3 of the California Health and Safety Code. Attachment: Resolution No. 7384