March 10, 2026
Agenda Item No. 4
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Jeff Boyles, Fire Chief - 949-644-3101, [email protected] PREPARED BY:
James Gillespie, Fire Marshal - 949-644-3354, [email protected] TITLE:
Resolution No. 2026-17: A Report Made by the Fire Marshal Regarding Compliance with the Annual Inspection of Certain Occupancies ABSTRACT:
Senate Bill (SB) 1205 amended the California Health and Safety Code to expand reporting on mandated annual fire and life safety inspections. Prompted by the tragic "Ghost Ship Fire," in 2016, the legislation requires fire departments to report their compliance with health and safety codes related to annual inspections of hotels, motels, lodging houses and apartment buildings by way of City Council resolution.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2026-17, A Resolution of the City Council of the City of Newport Beach Acknowledging Receipt of a Report Made by the Fire Marshal of the City of Newport Beach Fire Department Regarding Compliance with the Annual Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
DISCUSSION:
California Health and Safety Code Section 13146.4, established by SB 1205, requires all fire departments providing fire protection services to annually report to their administering authority confirming compliance with Sections 13146.2 and 13146.3. These existing sections mandate annual building standard inspections for every building used as a public or private school, hotel, motel, lodging house, apartment house, as well as certain residential care facilities. The Newport Beach Fire Department, through its fire prevention division, completes these inspections annually and is reporting 100% compliance for all identified facilities for the period of January 1, 2025, through December 31, 2025.
FISCAL IMPACT:
There is no fiscal impact related to this item. Annual inspections are already regularly conducted by staff, and the City of Newport Beach bills each identified facility for the required inspection based upon the City’s established Schedule of Rents, Fines and Fees.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – Resolution No. 2026-17
Resolution No. 2026-17: A Report Made by the Fire Marshal Regarding Compliance with the Annual Inspection of Certain Occupancies March 10, 2026
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