1 STAFF REPORT
DATE: September 27, 2022
TO: Justin Hess, City Manager
FROM: Eric Garcia, Fire Chief
BY: Dave Burke, Fire Marshal/Battalion Chief
SUBJECT: Adoption of a Resolution Acknowledging Receipt of the Fiscal Year 202 1- 22 Fire Inspection Performance Report
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 20 21-22 FIRE INSPECTION
PERFORMANCE REPORT REGARDING THE REQUIRED ANNUAL INSPECTIONS IN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE (Attachment 1).
BACKGROUND
In 2016, the deadly Ghost Ship Fire occurred in Oakland, California. After this notable incident, State legislators reviewed fire safety laws, particularly the performance of fire inspections. California Senate Bill 1205 (SB 1205) became effective on January 1, 2019 and added Section 13146.4 to the California Health and Safety Code. This law requires that fire departments annually report their performance of state mandated fire inspections to their administering authority, who then acknowledges receipt of the report in a resolution. SB 1205 requires a report about the inspections of public and private schools, hotels, motels, lodging houses, apartments and certain residential care facilities for compliance with building standards. The annual inspections of these occupancies are mandated in California Health and Safety Code Sections 13146.2 and 13146.3.
DISCUSSION
The Burbank Fire Department (BFD) is dedicated to protecting li ves, property, and the environment through vital community risk reduction services such as fire prevention FIRE
DEPARTMENT
2 inspections. Since August 13, 2019, BFD has annually provided to City Council a Fire Inspection Performance Report (Attachment 2) summarizing BFD’s inspection activities for seven categories of occupancies.
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. In Burbank, there are 4 7 Group E occupancies. During Fiscal Year (FY) 202 1- 22, BFD completed the annual inspection of 47 Group E occupancies, resulting in a compliance rate of 100%. This compliance rate reflects the completion rate of BFD to conduct inspections. One Fire Engin eer, assigned to the Fire Prevention Division, performs all of these inspections.
Residential Group R occupancies generally contain sleeping units. This includes hotels, motels, apartments (three units or more), and certain residential care facilities. These residential care facilities have different sub-classifications and may contain residents with needs relating to custodial care, mobility impairments (potentially bedridden) and cognitive disabilities. In Burbank, there are 2, 220 Group R (and their associated sub- categories) occupancies. During FY 20 21-22, BFD completed the annual inspection of 33 Group R occupancies, resulting in a compliance rate of 1%. This low compliance rate is due to COVID -19 restrictions. These inspections are performed by Fire Prevention Bureau and Fire Suppression personnel. Despite the impacts of COVID-19, BFD is still limited in its ability to fully achieve a 100% compliance rate for all state mandated inspections due to other workload duties such as emergency response, training, equipment maintenance, and public education. Therefore, BFD is continuing to evaluate restructuring options for the Fire Prevention Division, as well as workflow and industry best practices to ensure compliance with State requirements.
In the FY2022-23 budget, City Council approved BFD to add one new Fire Inspector I position. Recruitment for this position is currently in process. This new position will enhance the Fire Prevention Division workflow and as a result improve f ire inspection performance.
In addition to the previously described inspections of educational and residential occupancies, during FY 202 1-22 BFD performed various other inspections for the following occupancy types: assembly, hazardous materials, business/mercantile, and fire hazard reduction program/brush clearance. SB 1205 does not require compliance reporting for these other inspections, but they are listed in the Fire Inspection Performance Report to provide a more detailed scope of BFD’s activities.
Starting in March 2020, the Los Angeles County Health Officer issued numerous Orders related to the COVID -19 pandemic, which mandated the closure of c ertain sectors and required the implementation of safeguards (e.g., Social Distancing Protocols). Due to 3 COVID-19, BFD only completed 53% of inspections on the FY 2021-221 Fire Inspection Performance Report compared to 51% in FY 2020-21.
FISCAL IMPACT
There is no fiscal impact to the General Fund Budget at this time. BFD will be evaluating restructuring options to address the operational needs of the Fire Prevention Division and facilitate a 100% compliance rate for all state mandated inspections.
CONCLUSION
BFD will continue to evaluate its fire inspection performance, specifically the staffing and workflow of the Fire Prevention Division. Staff recommends that the City Council adopt a resolution acknowledging receipt of the Fiscal Year 202 1-22 Fire Inspection Performance Report regarding the required annual inspections in occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
ATTACHMENT
Attachment 1 – A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 20 21-22 FIRE
INSPECTION PERFORMANCE REPORT REGARDING THE
REQUIRED ANNUAL INSPECTIONS IN OCCUPANCIES PURSUANT
TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALT H AND SAFETY CODE.
Attachment 2 – FY 2021-22 Fire Inspection Performance Report