Fire Department
3205 Lakewood Boulevard
Long Beach, CA 90808
(562) 570-2500
September 5, 2023
HONORAB
LE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Adopt a Resolution acknowledging rece ipt of the annual report regarding the inspection of certain occupancies, incl uding schools, hotels, motels, lodging houses, apartments, and residential care fa cilities, pursuant to Section 13146.4 of the California Health and Safety Code. (Citywide)
DISCUSSION
On December 2, 2016, in Oakland, California, a fire broke out dur ing a concert in a warehouse, known as
the Ghost Ship, that had been illegally conver ted into an artist collective with dwelling units. The Ghos t Ship Fire killed 36 people and became the deadliest building fire in California since 1906. This tragedy drew national attention and put a spotlight on fire safety laws and inspec tions in California. Since then, Statewide efforts have been made to increase fire safety and accountability in California cities.
Senate Bill 1205 is State legislation resulting dire ctly from the findings of this incident.
Prior to the Ghost Ship Fire, Sections 1314 6.2 and 13146.3 of the California Health and Safety Code (Code) required fire departments to conduct annual inspections of certain occupancies, including schools, hotels, motels, lodging houses, apartments, and residential care facilities. Senate Bill 1205 amended the Code, adding Section 13146.4 to require each fire department to report a nnually to its administering authority on its compliance with Sections 13146.2 and 13146.3 of the Code. The Code requires this report to occur when the administering authority discusses its annual budget and requires the administering authority to acknowledge receipt of the report in a Resolution or similar formal document.
The California State Fire Marshal mandates inspections to be performed annually in all public and private schools (Group E Occ upancy), hotels, motels, lodging houses, apartment houses and dwellings (Group R-1, R-2, R2.1, and R-4 Occupancy). Under the direction of the City’s Fire Marshal, most of these annual inspec tions are performed by civilian fire inspection staff in the Fire Prevention Bureau, with the balance conducted by staff on engine companies.
A total of 8,451 sites requiring State-mandat ed inspections were identified for calendar year 2022, including 8,286 residential and 165 educational sites. Of all State-mandated sites, 4,950 were inspected, resulting in a compliance rate of approximately 59 percent, compared to 27 percent compliance in 2021, and 41 percent in 2020. For residential sites, engine companies performed 198 inspections and Fire Prevention staff performed 4,752 inspections for a total of 4,950 site s, equivalent to a compliance rate of C-17
HONORABLE MAYOR AND CITY COUNCIL
September 5, 2023
approximately 60 percent, compared to 26 perc ent in 2021 and 40 percent in 2020. For educational sites, Fire Prevention staff performed a total of 165 school inspections out of 165 which results in a compliance rate of 100 percent for this reporting period, compared to 99 percent in 2021 and 92 percent in 2020.
There are many variables t hat contribute to the complia nce rates listed above. These factors include Fire Prevention staffing, number of required inspections, and emergency/non-emergency call volume. Overall, the Fire Prevention team experienced one vacancy this fiscal year. This vacancy and increased inspection workload has been mitigated through cross-bureau assistance to conduct inspections. Specifically, the Long Beach Fire Department engine and truck companies are increas ing the number of fire inspections conducted annually. In addition to this effort, Fire Department employees on modified or transitional duty have been assigned to inspection duties. These efforts will place the Fire Department in a better position to increase compliance rates. Additionally, further efficiencies are anticipated with the tr ansition from paper inspection forms to an electronic reporting system.
This matter was reviewed by Deputy City Attorney Arturo D. Sanchez on August 10, 2023 and by Budget Development Officer Jennifer Rodriguez on August 15, 2023.
TIMING CONSIDERATIONS
City Council action is requested on September 5, 2023 to coincide with the discussion of the annual budget as required by the California Health and Safety Code.
FISCAL IMPACT
There is no fiscal impact with the a cceptance and signing of this Resolution. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
DENNIS BUCHANAN
FIRE CHIEF
APPROVED:
THOMAS B. MODICA
CITY MANAGER
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH, CALIFORNIA ACKNOWLEDGING
RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF
THE LONG BEACH FIRE DEPARTMENT REGARDING THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRED TO
PREFORM ANNUAL INSPECTIONS IN SUCH
OCCUPANCIES PURSUANT TO SECTION 13146.4 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Long Beach 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, California Health & Safety Code Section 13146.4 requires all fire departments, including the Long Beach Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Long Beach intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Long Beach Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3;
NOW, THEREFORE, the City Council of the City of Long Beach resolves as
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 follows:
Section 1. The Council of the City of Long Beach expressly acknowledges the measure of compliance of the Long Beach Fire Department with California Health and Safety Code Section 13146.2 and 13146.3 in the area encompassed by the City of Long Beach as follows:
A. Educational Group E 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. Within the City of Long Beach, there lie 165 Group E occupancies, buildings, structures and/or facilities.
During calendar year 2022, the Long Beach Fire Department completed the annual inspection of 165 Group E occupancies, buildings, structures and/or facilities. There were 165 total Group E occupancies in 2022. This is a compliance rate of 100% for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
B. Residential Group R Occupancies: 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 sub-classifications, 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. Within the City of Long Beach, there lie 8,286 Group R (and their associated sub-categories) occupancies of this nature.
During calendar year 2022, the Long Beach Fire Department completed the annual inspection of 2,950 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of approximately 60% for this reporting period.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of September 5, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk