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TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
Karl H. Berger, City Attorney
SUBJECT: Consideration and possible action to receive and file the City Manager’s directive to the Building Official regarding discontinuation of transmitting City building plans to the Consolidated Fire Protection District; and ratification of the City Manager’s directive.
DATE: June 22, 2026
EXECUTIVE SUMMARY
On May 27, 2026, the City Manager issued a directive to the City’s Building Official instructing him to discontinue transmitting building plans to the Consolidated Fire Protection District of Los Angeles County (the Fire District) for review. The directive was issued in accordance with the Bellflower City Charter, the Bellflower Municipal Code (BMC), and the City Manager’s authority as Fire Chief under BMC § 15.40.020(B).
The directive addresses a significant regulatory development: the Fire District continues to apply Title 32 of the Los Angeles County Code (the LAFC), which constitutes local amendments to the now-superseded 2022 California Fire Code. The 2025 California Fire Code (CFC), adopted by the City Council on September 22, 2025, took effect statewide on January 1, 2026, pursuant to Health and Safety Code § 18938.5. The County of Los Angeles has not adopted the 2025 CFC with local amendments. Because the LAFC is based on the outdated 2022 CFC, it has no legal force.
Staff recommend that the City Council receive and file the directive and ratify the City Manager’s action.
RECOMMENDATION TO CITY COUNCIL
1) Receive and file the City Manager’s Directive to the Building Official dated May 27, 2026, regarding discontinuation of transmitting City building plans to the Consolidated Fire Protection District; and
2) Ratify the City Manager’s Directive to the Building Official; or
3) Alternatively, discuss and take other action related to this item.
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Staff Report – City Manager’s directive to the Building Official June 22, 2026
FISCAL IMPACT
Plan review costs associated with the Building Official’s independent review of building plans for compliance with the 2025 CFC will be borne by permit applicants. Pending City Council direction, collection of such fees has been suspended. The City will no longer incur any costs associated with the Fire District’s review of building plans.
BACKGROUND
History of the City’s Fire Code Actions
Since 2019, the City Council has taken a series of legislative actions to ensure that building plan review within the City’s jurisdiction is conducted under the California Fire Code rather than the Fire District’s regulations.
In February 2019, the City Council adopted Urgency Ordinance No. 1371 and introduced Ordinance No. 1372, amending BMC § 15.40.010 to authorize the City’s Chief Building Official to enforce the Fire Code pursuant to Health and Safety Code § 13869.7(h)(1)(B).
The action was prompted by concerns regarding the Fire District’s failure to efficiently review building plans. The City notified the Fire District of the proposed changes, but the District provided no communication on the matter until 2024.
In October 2019, the City Council opted not to ratify the Fire District’s regulations and instead adopted the 2019 California Fire Code, with local amendments (Ordinance No. 1381). The City Council again adopted the CFC with local amendments in 2022 (Ordinance No. 1421).
On November 5, 2024, voters approved Measure B, adopting the City Charter for the City of Bellflower, which expressly provides for local control over the City’s municipal affairs.
On January 27, 2025, the City Council adopted Urgency Ordinance No. 1438 and introduced Ordinance No. 1439, amending BMC Chapter 15.40 to reaffirm the City Council’s decision to utilize the CFC. Among other things, these Ordinances:
• Reaffirmed the Building Official’s exclusive authority to exercise the authority in CBSC § 105.4, including issuing building permits;
• Redefined Fire Chief under BMC § 15.40.020(B) as the City Manager, while allowing the Fire District’s Fire Chief to enforce the CFC in cooperation with the City Manager or designee(s);
• Authorized the City Manager and City Attorney to take actions including seeking opinions from state agencies and initiating litigation as needed to reaffirm the City’s position.
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Staff Report – City Manager’s directive to the Building Official June 22, 2026
BACKGROUND – Continued
On September 22, 2025, the City Council adopted the 2025 California Building Standards Code, including the 2025 CFC, with local amendments, in accordance with Health and Safety Code § 18938.5. The 2025 CFC took effect statewide on January 1, 2026.
The Dispute with the Fire District
In September 2024, the Fire District, through the Los Angeles County Counsel’s office, issued a cease-and-desist letter challenging the City’s authority to adopt and implement the CFC independently. The Fire District demanded that the City stop performing independent plan checks and approvals, cease representing that the City has independent authority to enforce fire codes, remove its designation of the City Manager as Fire Chief, and adopt the LAFC.
The City’s position is grounded in the following:
• Ratification Requirement. Health and Safety Code § 13869.7(c) provides that no ordinance adopted by the Fire District is effective until ratification by the city where the ordinance will apply. The City Council has not ratified the 2019 or 2022 versions of the LAFC; therefore, the LAFC has no legal effect within the City. The Fire District’s own 2023 staff report acknowledged this ratification requirement.
• Building Official’s Exclusive Authority. Under CBSC § 105.4, as adopted by the BMC, the Building Official reviews building plans and issues building permits.
BMC § 15.40.010 affirms that only the Building Official is authorized to exercise this authority. The Fire District does not issue building permits.
• Plan Review Distinguished from Enforcement. The City draws a distinction between enforcement of the fire code and review of building plans for purposes of issuing building permits. The City maintains that no statute or regulation empowers the District to hold a monopoly on plan review.
• Charter City Authority. As a charter city, Bellflower derives its police powers from the California Constitution, not from legislative delegation. Charter cities possess broad authority over municipal affairs, and special districts such as the Fire District have only the power conferred by statute.
Current Status of the LAFC
The Fire District utilizes Title 32 of the Los Angeles County Code as its fire code. Title 32 constitutes the local amendments to the 2022 CFC. As of the date of the City Manager’s directive, the County of Los Angeles had not adopted the 2025 CFC with loca l amendments. Because the 2025 CFC is now effective statewide – including within Los Angeles County – application of the LAFC to building plans is not legally defensible.
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Staff Report – City Manager’s directive to the Building Official June 22, 2026
BACKGROUND – Continued
The Fire District’s Fire Chief confirmed during a January 13, 2026 conference call that the District’s building plan reviews utilized only the LAFC, not the CFC as adopted by the BMC.
THE CITY MANAGER’S DIRECTIVE
On May 27, 2026, the City Manager issued a memorandum to Building Official Alan Cook directing the following:
1. Discontinue transmitting building plans to the Fire District. Building plans previously reviewed by the District before December 31, 2025 may be processed for a building permit after the Building Official independently determines whether they substantiall y comply with the 2025 CFC. Pending City Council direction, the cost of such review will be borne by applicants, but payment has been suspended pending Council consideration.
2. Continue internal plan review and permit processing under the 2025 CFC as incorporated by the BMC.
3. Coordinate with the Fire District’s Fire Chief for enforcement of the 2025 CFC within the City, consistent with prior direction and in cooperation with the City’s Public Safety Director. There is no legal authority to enforce the LAFC within the City’s ju risdiction.
4. Refer enforceability questions regarding the LAFC to the City Attorney.
The directive does not alter the authority of the Fire District’s Fire Chief to enforce the CFC, as adopted by reference in BMC Chapter 15.40, per CFC § 202.
RATIFICATION
The City Manager’s directive was issued under his authority pursuant to the City Charter and the BMC, including his designation as Fire Chief under BMC § 15.40.020(B).
Ratification by the City Council will confirm the City Manager’s action and provide an express directive supporting the discontinuation of transmitting building plans to the Fire District. Ratification will also affirm the City Council’s continued commitment to utilizing the 2025 CFC – the applicable and current fire code – for building plan review within the City’s jurisdiction.
ATTACHMENT
1. City Manager’s Memorandum to Building Official dated May 27, 2026
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