~ co u Ni~r
COUNSEL
County of Los Angeles September 17, 2024
Dawyn R. Harrison
Co~~nty CoL~nsel
Karl H. Berger
J~tyoF ~os,gNcF Clt~/ AttOflley - Clt~/ Of g2~~f~OW2Y
f~ ~", Burke, Williams &Sorensen, LLP
+ + 444 South Flower Street, Suite 2400 t f;
'`x~~~~FORN~rX," Los Angeles, California 90071
Re: City of Bellflower's Unauthorized Fire Protection
Services
Dear Mr. Berger:
The Office of the County Counsel represents the County of Los Angeles ("County") and the Consolidated Fire Protection District of Los Angeles County ("Fire District"). It has come to our attention that the City of Bellflower (Il City"), having been part of the Fire District since 1949, has been conducting fire protection services without authorization from the Fire District. Namely, (1) the City adopted and has been enforcing the California Fire Code, rather than the Los Angeles County Fire Code1; (2) has been independently conducting plan checks and approvals; and (3) has named the City's City Manager as the Fire Chief.
Since such acts are improper and unauthorized by the Fire Chief of the Fire District, the Fire District demands that the City immediately cease and desist from performing independent plan checks and approvals, making public representations that the City has independent authority to enforce fire codes, designating the City Manager as the Fire Chief, and to immediately take action to adopt the Los Angeles County Fire Code.
Unauthorized Adoption of the California Fire Code
The_Gty's fire protection services are under the authority of , , the Fire District. On April 12, 1949, the County ordered the 1 Title 32 of the Los Angeles County Code.
HOA.J0~9569A7..3 F~r~ ~~e~~r~r~a~n~'s Le~~l,~~~i~~ary ~ni~ 7E~ 323.881."l_3~34 L320 N. Eastern Avenue, Executive Office TDD 213,633,0901 Los Angeles, California 90063
Karl H. Berger
September 17, 2024
consolidation of fire protection services of several cities, including the City, to be within the Fire District. When the City submitted a petition to the County for its incorporation in 1957, the City chose to remain within the Fire District for its fire protection services. In addition, the Local Agency Formation Commission for the County of Los Angeles ("LAFCO") continues to recognize that the City's fire protection services are within the Sphere of Influence of the Fire District.2 There has been no evidence that LAFCO, the Office of the State Fire Marshal, or the State of California recognizes any fire department other than the Fire District as the City's regularly- organized fire department.
The Fire District therefore has the final authority to enforce the fire code on the City's behalf. The County's Charter imposes the responsibility on the Fire Chief of the Fire District to "enforce and observe all orders and ordinances... "3 which includes the Los Angeles County Fire Code. California Health and Safety Code ("HSC") section 13861 authorizes a fire district to adopt ordinances and establish and enforce rules and regulations for the administration, operation, and maintenance of its services. It has done so by adopting the Los Angeles County Fire Code. In order for the Fire District to perform its services, including the enforcement of fire codes, it must utilize its adopted fire code. The City's fire protection services, being within the Fire District, must therefore immediately adopt and utilize the Los Angeles County Fire Code.
Unauthorized Independent Plan Approval Process
In addition to the City's legally improper and unauthorized adoption of the California Fire Code, the City's use of an independent plan checker and approval of such plans are also not permitted by the Fire District or the law. The City publishes on its website that it has a plan review process and represents to the public via City Municipal Code section 15.40.010 that "[p]ursuant to Health and Safety Code Section 13869.7(h)(1)B), the Building Official, or designee, is authorized to enforce the Fire Code."
The City's reliance on and interpretation of HSC section 13869.7(h)(1) as its authority to designate a building official to enforce fire codes is in error. The subsection reads:
zPlease see: https://lalafco.org/wp-content/uploads/documents/special_district_map/CFPD.pdf 3 Los Angeles County Charter, Article VI. Duties of Officers, Section 24 1/3.
HOA.1049569413
Karl H. Berger
September 17, 2024
A city, county, or city and county that ratifies are ordinance relating to fire and panic safety pursuant to this section shall delegate the enforcement of the ordinance to either of the following:
(A) The chief of the fire protection district that adopted the ordinance, or his or her authorized representative.
(B) The chief building official of the city, county, or city and county, or his or her authorized representative.
(Emphasis added).
The emphasis of "pursuant to this section" is important because the entire section of 13869.7 applies to actions taken by fire protection districts and so does the entirety of section 13869. Further, section 13869.7 specifically refers to the enforcement of locally adopted local amendments which may be more stringent than those adopted by the State and allows the Fire District to enforce those more stringent requirements.
Under HSC section 13146, only "[t]he chief of any city, county, or city and county fire department or of any fire protection district, and their authorized representatives, shall enforce within its jurisdiction the building standards and other regulations of the State Fire Marshal ... " The first exception, under HSC section 13146(a)(4), is to allow the State Fire Marshal to enforce building standards if requested upon by the chief fire official or the governing body. The second exception, under HSC section 13146(a)(1), allows the agency with jurisdiction to delegate enforcement of building standards for R-3 dwellings. The City's designated plan checker is neither from the State Fire Marshal's office nor have they been approved by the Fire District to enforce R-3 dwellings.
There is no question that the Fire District is the proper authority to enforce the City's building standards as it relates to fire and panic safety. HSC section 13145 makes this clear:
"The State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services... and their authorized _,: --=.-.-- -,_,_>, , - ---_ r~pr_ese~tativ~~,-shall ~nfQr_c~_in_th.eir_:r_especti~ce,.ar_e_as_:~uils~ng s~anda.rds_— ----- --_ _.~---_ relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code and other regulations that HOA.104956941.3
Karl H. Berger
September 17, 2024
have been forrn~lly adopted by the State Fire M~rsh~l for the prevention ~f firQ or for the protection of life and property against fire or panic." The City cannot enforce the fire and panic safety component of building standards independent from the authority of its fire department or its fire chief.
Further, the City's designated plan checker, who approves plans, is not a person employed by the Fire District as required by Health and Safety Code section 13146.5, which states,
"The provisions of Sections 13145, 13146 and 13146.3 shall, so far as practicable, be carried out at the local level by persons who are regular full- time members of a regularly organized fire department of a city, county, or district providing fire protection services, and shall not be carried out by other persons pursuant to Section 34004 of the Government Code." (Emphasis added.)
HSC section 13146.5 prohibits the City from independently designating a non- Fire District individual to enforce the fire and panic safety provisions of the building standards. The Fire District has performed fire protection services for the City since 1949 and it has not determined that continuing to do so would not be practicable.
Additionally, Government Code section 34004 prohibits a city from imposing such a duty on one of its officers unless already authorized by state law or regulation. There is no legal authority that allows the City to have an independent plan approval process.
The California Office of the State Fire Marshal ("SFM") directly addressed whether a building official can assume the responsibilities of enforcing fire and panic safety regulations.4 The SFM opined that the statutory provisions of HSC sections 1314 and 13146,
"...specifically authorize the local fire chief, or their designated representative to enforce State Fire Marshal regulations (exception for R-3 as specified in 13146(a)). The fire chief can appoint the building official as an authorized representative, however, the ultimate responsibility lies with the fire chief. ~- P ese see tine letter et the ~ollow~ng link:
__
https://www.yumpu.com/en/document/read/29439508/hea Ith-safety-codes-13145-13146-Sacramento-fire- department
HOA.104956941.3
Karl H. Berger
September 17, 2024
Also, according t~ s#strafe, if the bu9ld~ng ~ffici~l is designated to enforce such regulations, they must be a full-time member of the fire department." Since the regulations and the SFM make it clear that only a fire chief or their authorized representative can enforce fire and panic safety provisions, the City must therefore cease from their independent plan review and approval process and must cease to represent to the public that they have the authority to enforce fire codes.
Continuing to do so is misleading to the public and creates inconsistent enforcement of the Los Angeles County Fire Code.
Unauthorized Designation of the Citv Manager as the Fire Chief Additionally, the City must cease in its designation of the City's City Manager as the Fire Chief. Under the City's Municipal Code section 15.40.020 Amendments, it amended the municipal code definitions to be:
"Fire Chief. The City Manager for the City of Bellflower, or designee.
Fire Code Official. 'Fire Code Official' will have the same definition as 'Fire Chief."'
As stated above, the City lacks the authority to and cannot make this designation pursuant to HSC sections 13145, 13146, 13146.5 and Government Code section 34004. Therefore, the Fire Districts demands the City immediately take action to amend its ordinance to remove its erroneous and publicly misleading definition.
Please submit written confirmation that the City will comply with the Fire District's cease and desist requests that it will immediately (1) stop performing independent plan checks and approvals; (2) stop making public representations that the City has independent authority to enforce fire codes; (3) take action to remove its designation of the City Manager as the Fire Chief, and; (4) take action to adopt the Los Angeles County Fire Code. Please provide such written confirmation no later than Thursday, October 17, 2024.
Should the City fail to comply with this demand to cease and desist, the Fire District ~nrill evaluate pursuing any and all available legal remedies, including seeking --~--, _:-- -----rrtj~tnctive=retie€~rtd-attorneys,-€ees~ =_ - -=== - __ _ We look forward to hearing from you and thank you for your anticipated cooperation with our request. Should you have any questions or wish to discuss this HOA.1049569413
Karl H. Berger
September 17, 2024
matter further, please do not hesitate to contact the undersigned. Nothing herein shall serve as a waiver of any of the Fire District and County's rights and remedies, each of which is expressly reserved.
Very truly yours,
DAWYN R. HARRISON
County Counsel
By
JENNY .TAM
Senior Deputy County Counsel
Justice and Safety Division
1PT:Ir
HOA.104956941.3