DATE:
July 18, 2023
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Nathan Freeman, Director of Development Services
Mike Hearn - Building Official
SUBJECT:
Resolution to Ratify the San Bernardino County Fire Code
RECOMMENDED ACTION
It is recommended that the City Council:
Adopt Resolution No. 2023-048, ratifying San Bernardino County Fire Protection District’s (Fire District) Ordinance No. FPD 23-01; and Direct the Building Official to, within fifteen days, transmit a certified copy of this item to the Fire District; and also submit a copy, along with the Fire District’s ordinance, to the California Building Standards Commission (BSC).
BACKGROUND
The California State Fire Marshal recently adopted new fire code standards, which took effect January 1, 2023.
As such, California Health and Safety Code 13869.7 authorizes fire protection districts to make modifications to the state-mandated fire codes when reasonably necessary, based on local climatic, geological and topographical conditions.
Moreover, California Health and Safety Code Section 18941.5 (b) requires fire protection districts to submit express findings supporting the need for more restrictive fire code standards to the BSC for the changes to become effective.
Lastly, per California Health and Safety Code 13869.7(c), ordinances adopted by fire protection districts are not operative until ratified by the legislative body of the cities wherein their ordinances will apply. Upon ratification of a fire district’s adopted ordinance, the city wherein the ordinance will apply must submit a copy of their approved resolution along with the district’s findings to the BSC.
ISSUES/ANALYSIS
In their process of amending the state’s fire code, the San Bernardino County Fire Protection District reached out to each of the cities wherein the proposed changes would apply.
The Fire District submitted to the City of Hesperia, for its review, a draft of their proposed changes, modifications, amendments, additions, deletions and exceptions to the state-adopted fire code. Also submitted were the required findings seeking to validate the proposed changes. Those findings are detailed in “Exhibit A”.
The Development Services Department – Building Division staff worked with the Fire District to provide comments and to negotiate revisions to some of the proposed changes, which were not advantageous to the citizens or businesses in the City. Numerous changes sought by staff were ultimately incorporated into the Fire District’s final ordinance.
The Fire District has transmitted its approved ordinance to the City for ratification. That ordinance adopts and amends the 2022 California Fire Code with the inclusion of certain Appendices and amendments thereto.
Staff has thoroughly examined the final Fire Code amendments adopted by the Fire District and recommends that the City Council approve San Bernardino Fire Protection District Ordinance FPD 23-01 without further modifications.
FISCAL IMPACT
There is no fiscal impact associated with approval of the recommended action.
ALTERNATIVE(S)
The City Council may choose not to adopt this Resolution, thereby denying the use of the County’s fire code amendments and other supplemental regulations within Hesperia city limits. The fire regulations for the City would then, by default, revert to the state-mandated Fire Code. Staff does not support this alternative.
The City Council may choose to modify any part of the County’s fire code for enforcement within the city limits of Hesperia. Staff does not support this alternative.
The City Council may provide alternative direction to staff.
ATTACHMENT(S)
Hesperia Resolution No. 2023-048
Exhibit A – San Bernardino County Fire Protection District’s Ordinance No. FPD 23-01, which embodies the entirety of the amendments to the California Fire Code.
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the City Council
Resolution to Ratify the San Bernardino Fire Code
July 18, 2023