Fremont City Council Meeting: 05/10/22 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4602) DOC ID: 4602
Updated: 5/6/2022 9:17 AM by Alberto Quintanilla Page 1 FREMONT FIRE DEPARTMENT’S REPORT REGARDING PERFORMANCE OF ANNUAL FIRE INSPECTIONS - Adopt A Resolution Acknowledging the Fremont Fire Department’s Report Regarding Performance of Annual Fire Inspections Pursuant to Sections 13146.2 And 13146.3 of California Health and Safety Code Contact Persons:
Name: Jay Swardenski Curtis Jacobson
Title: Fire Marshal Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]
Executive Summar y: This report provides a review of the Fire Department’s efforts to meet its annual Educational and Residential inspection obligations and recommends City Council adopt of a resolution acknowledging the City of Fremont Fire Department’s report regarding performance of annual fire inspections pursuant to sections 13146.2 and 13146.3 of California Health and Safety Code.
BACKGROUND: California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire (December 2016) brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. This law amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be delivered when the administering authority discusses its annual budget and receipt of the report must be acknowledged in a resolution or similar formal document.
State mandated inspections were enacted by the California Health & Safety Code Sections 13146.2 and 13146.3 and requires all fire departments 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. The California Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to report or demonstrate compliance as the new law (SB 1205) does.
Although there are no penalties identified in the law, adoption of this resolution will establish the City of Fremont’s intent to fulfill the requirements of SB 1205 by acknowledging the Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the state mandated inspections above and further described below.
DISCUSSION/ANALYSIS: Public and private schools are generally classified as Educational Group E occupancies. They are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City of Fremont, there are currently 185 Group E occupancies, buildings, structures and facilities.
Staff Report (ID # 4602) Meeting of May 10, 2022
Updated: 5/6/2022 9:17 AM by Alberto Quintanilla Page 2
During calendar year 2021, the Fremont Fire Department completed annual inspections of 75 Group E occupancies, buildings, structures and facilities. This represents a compliance rate of nearly 41%.
Preschools are also included within this Group E category. During the continued challenges presented by the Covid-19 pandemic, many preschools remained closed or were not able to be inspected due to health and safety concerns. This limitation was the main factor contributing to the lower performance within the Group E occupancies.
While the prior year found most schools to be closed due to the pandemic, 2021-22 saw a much-anticipated reopening. Fremont Fire Prevention placed a high priority on Kindergarten through 12th grade schools and was able to conduct initial inspections on all private and Fremont Unified School District facilities. Our inspectors found deficiencies in nearly all schools and are continuing to enforce correction notices well into the 2022 calendar year.
Our efforts to catch up from 2020 also contributed to our performance challenges within this category.
Hotels, motels, apartments (three units or more), and other residential occupancies that contain sleeping units (including some residential care facilities) are generally clas sified as Residential Group R occupancies. The residential care facilities have various sub- classifications and may contain residents or clients that have a range of needs, such as, custodial care, mobility impairments, cognitive disabilities, and more. The residents may also be non-ambulatory. Within the City of Fremont, there are 371 Group R (and their associated sub-categories) occupancies in our program.
During calendar year 2021, the Fremont Fire Department conducted an annual inspection of 328 Group R occupancies, buildings, structures and facilities. This is a compliance rate of 88%. We had more success performing RVI’s and a higher number select in-person inspections with the Group R occupancies.
We continue to see and anticipate substantial growth in the number of condominium and apartment complexes in Fremont as the Warm Springs-South Fremont builds out and similar in-fill development enter our overall rolls.
Hospitals, Nursing Homes, Psychiatric Hospitals, Courthouse Holding Facilities, and Jails are generally classified as Institutional Group I occupancies. Group I occupancies also have various subgroups associated with their classification, which are based on the number, capability, type and duration of care provided to a facility’s clients. Although reporting was not specifically required under SB1205, there are currently 20 Group I occupancies, buildings, structures and facilities within the City of Fremont, all of which are currently being inspected within their respective two or three-year cycles.
While our efforts to increase overall performance and compliance with State mandates over the last several years had us trending upward, the Department’s compliance rate of mandated inspections for calendar year 2021 was again below both our goals and our obligations. Catching up, coupled with the ramp up of required residential (R) inspections in Warm Springs, Downtown and throughout Fremont, we will again need to consider options to increase our Fire Prevention inspection capacity in the next 12-18 months. Also adding to the 2021 staffing challenges was the retirement of one Senior Fire Inspector. With that, Staff Report (ID # 4602) Meeting of May 10, 2022
Updated: 5/6/2022 9:17 AM by Alberto Quintanilla Page 3 personnel have stepped up to act above grade and have assisted with our Hazardous Materials Inspections as needed. Navigating through these staffing challenges must again include reallocating existing Fire department staff positions to the Prevention Bureau (which we successfully piloted in 2020), securing part time or contract labor via a consulting agreement, or adding a new permanent, operationally focused, position within the Fire Prevention Bureau.
FISCAL IMPACT: None
ENVIRONMENTAL REVIEW: None
ATTACHMENTS:
• Draft Reso FFD Performance of Annual Fire Inspections
RECOMMENDATION: Adopt a resolution recognizing the Fremont Fire Department’s level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3 by acknowledging the City of Fremont Fire Department’s report regarding performance of annual fire inspections.