Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4905) DOC ID: 4905
Updated: 5/31/2023 8:40 PM by Susan Gauthier Page 1
SB1205 ANNUAL FIRE INSPECTION PERFORMANCE REPORTING - 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 the California Health and Safety Code
Contact Persons:
Name: Gregory Miller Zoraida Diaz
Title: Deputy Fire Marshal Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]
Executive Summary: City staff recommends that the City Council adopt 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. This report provides a review of the Fire Department’s efforts to meet its annual Educational and Residential inspection obligations.
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 and the performance of fire inspections. This law, codified in Section 13146.4 of California Health and Safety Code, 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 report must be presented to the City Council during annual budget discussions or at another time determined by the Council, and the Council must acknowledge receipt of the report in a resolution or similar formal document. This annual report addresses the reporting requirements of SB 1205.
Adoption of this resolution fulfills the requirements of SB 1205 and acknowledges the Fire Department’s efforts to comply with state mandated inspections, as described below.
DISCUSSION/ANALYSIS: State mandated inspections were enacted by the California Health and Safety Code Sections 13146.2 and 13146.3, which require 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.
Public and private schools are generally classified as Educational Group E occupancies. These are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City there are currently 185 Group E occupancies, buildings, structures and facilities.
Council Staff Report (ID # 4905) Meeting of June 6, 2023 Updated: 5/31/2023 8:40 PM by Susan Gauthier Page 2
During calendar year 2022, the Fire Department conducted an annual inspection of 48 Group E occupancies, buildings, structures and facilities. This represents a compliance rate of 26%.
Fremont Fire Prevention continues to place a high priority on all Kindergarten through 12th grade schools and was able to conduct initial inspections on all private and Fremont Unified School District facilities. City inspectors found deficiencies in nearly all schools and are continuing to enforce corrections into the 2023 calendar year. Efforts to catch up from 2021 also contributed to 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).
These facilities are generally classified 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 there are 376 Group R (and their associated sub-categories) occupancies in our program.
During calendar year 2022, the Fire Department conducted an annual inspection of 207 Group R occupancies, buildings, structures and facilities. This is a compliance rate of 55%.
We continue to see and anticipate substantial growth in the number of condominium and apartment complexes in Fremont as the Warm Springs-South Fremont and Downtown areas build out, along with similar in-fill development throughout the City.
Hospitals, Nursing Homes, Psychiatric Hospitals, Courthouse Holding Facilities, and Jails. These facilities 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.
During calendar year 2022, the Fremont Fire Department conducted an annual inspection of 11 Group I occupancies, buildings, structures and facilities. This is a compliance rate of 55%.
While efforts to increase overall performance and compliance with State mandates over the last several years had been trending upward, the Department’s compliance rate of mandated inspections for calendar year 2022 was again below both the City’s goals and obligations. The lingering effects of the pandemic continued to affect staffing levels and disrupted overall inspection performance. Business owner availability due to pandemic also presented challenges that made routine Fire inspections difficult to schedule. In 2022 we successfully promoted one Fire Inspector to the Senior Fire Inspector position. Still, the Fire Prevention Inspection Unit continues to operate at 50% capacity. Recruitment efforts were ongoing in 2022, and there have been challenges drawing qualified candidates within this highly specialized field. The Fire Prevention Division was able to hire one additional Fire Inspector in early 2023 and anticipates completing another recruitment by July 1, 2023. As staffing levels increase, we anticipate that the next annual compliance rate will rise accordingly.
Council Staff Report (ID # 4905) Meeting of June 6, 2023 Updated: 5/31/2023 8:40 PM by Susan Gauthier Page 3
FISCAL IMPACT: None
ENVIRONMENTAL REVIEW: The action is not a project under CEQA because it is an administrative and policy governmental activity that will not result in direct or indirect physical changes in the environment. As a separate and independent basis for CEQA compliance, the action is exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which exempts actions when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
LINKS: None
ATTACHMENTS:
• Draft Resolution- Annual Fire Inspection Performance Report
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.