AGENDA REPORT
Meeting Date: April 12, 2022
Item Number:
To: Honorable Mayor & City Council
From: Fire Chief Gregory Barton
Battalion Chief/Fire Marshal Scott Stephens
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS,
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF OF THE BEVERLY HILLS 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
Attachments: 1. Resolution
2. Senate Bill 1205
RECOMMENDATION
Staff recommends that the City Council adopt a resolution acknowledging that the Beverly Hills Fire Department has fulfilled the requirements of the California Health & Safety Code, Sections 13146.2 and 13146.3.
INTRODUCTION
The California Health and Safety Code Sections 13145 and 13146 mandate City and County Fire Departments to enforce building standards adopted by the State Fire Marshal. Included in these standards are requirements for annual inspections of identified hotels, motels, lodging house, and apartment houses, as well as identified private and public schools. In the City of Beverly Hills, there are approximately 1080 occupancies that are covered under the mandate.
DISCUSSION
On September 2018, the State of California approved SB 1205 adding Health and Safety Code Section 13146.4 which became effective on January 1, 2019; requiring City and County Fire Departments to report annually to its administering authority or City Council, a State Mandate Compliance report.
BEVERLV
HILLS
d
D-8
Meeting Date: April 20,2021
California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments that provide fire protection services to perform annual inspections in every building identified as a public or private school, hotel, motel, lodging house, apartment house, and certain identified residential care facilities for compliance with building standards, as provided.
The attached Resolution will fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of Beverly Hills Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3 for calendar year 2021.
FISCAL IMPACT
None.
Gregory Barton, Fire Chief
Approved By
Attachment 1
1 B0785-0001\2639594v2.doc
RESOLUTION NO 22-R-_______
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS,
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF OF THE BEVERLY HILLS 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 requires all fire departments, including the Beverly Hills 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 Beverly Hills 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 Beverly Hills intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of Beverly Hills Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.
NOW, THEREFORE, the Council of the City of Beverly Hills does hereby resolve as follows:
Section 1. That the City Council of the City of Beverly Hills expressly acknowledges the measure of compliance of the Beverly Hills Fire Department with Health and Safety Code DocuSign Envelope ID: 91DCD45A-8238-4CBE-8BC7-2E5151061C06 2 B0785-0001\2639594v2.doc
sections 13146.2 and 13146.3 in the City of Beverly Hills for the time period of January 1, 2021 to December 31, 2021.
Section 2. That 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 Beverly Hills Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Beverly Hills.
Section 3. That 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 subclassifications, 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 Beverly Hills Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Beverly Hills.
Section 4. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution to be entered in the Book of Resolutions of the Council of the City.
DocuSign Envelope ID: 91DCD45A-8238-4CBE-8BC7-2E5151061C06 3 B0785-0001\2639594v2.doc
Adopted:
LILI A. BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
________________________ (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________ _____________________________
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
GREGORY BARTON
Fire Chief
DocuSign Envelope ID: 91DCD45A-8238-4CBE-8BC7-2E5151061C06 Certificate Of Completion
Envelope Id: 91DCD45A82384CBE8BC72E5151061C06 Status: Sent Subject: Please DocuSign: Resolution re Fire Inspection Compliance Source Envelope:
Document Pages: 3 Signatures: 2 Envelope Originator:
Certificate Pages: 3 Initials: 0 Michael Liongson
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EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.162
Record Tracking
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4/7/2022 6:27:06 AM
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Gregory Barton
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Fire Chief
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Cindy Owens
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Policy & Management Analyst
City of Beverly Hills
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George Chavez
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Lili Bosse
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Lourdes Sy-Rodriguez
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Jason Lawrence
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Attachment 2
4e- Cal/fort
LEGISLATIVE INFORMATION
Bil Information California Law Publications Other Resources My Subscriptions My Favorites SB-1205 Fire protection services: inspections: compliance reporting. (2017-2018) a.»..Re
Senate Bill No, 1205
CHAPTER 854
bate Published: 09/27/2018 09:00 PM
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection. ( Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. J
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department's or district's compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a statemandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
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 () 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.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.