Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
RESOLUTION NO. 2024-006
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO
RATIFY AND ACCEPT THE SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT’S
(“DISTRICT”) ORDINANCE NO. FPD 23-01, WHICH
AMENDS AND ADOPTS THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, KNOWN AS CALIFORNIA
CODE OF REGULATIONS, TITLE 24, PART 9, BASED
ON THE 2021 EDITION OF THE INTERNATIONAL FIRE
CODE
WHEREAS, the San Bernardino County Fire Protection District (“District”) is authorized pursuant to Health and Safety Code section 13869.7 to adopt building standards relating to fire safety that are more stringent than the building standards adopted by the State Fire Marshall and contained in the California Building Standards Code; and WHEREAS, the City of San Bernardino (“City”) resides in the District’s jurisdiction and receives fire protection services from the District; and WHEREAS, on February 28, 2023, the District held a public hearing and adopted Ordinance No. FPD 20-01 (“District Fire Code Ordinance”) adopting and amending the 2022 California Fire Code and appendices thereto; and
WHEREAS, the District has transmitted the District Fire Code Ordinance to the City for ratification, pursuant to Health & Safety Code section 13869.7; and WHEREAS, Section 13869.7 provides that the District Fire Code Ordinance will only take effect upon the City’s ratification of the District Fire Code Ordinance; and WHEREAS, the Mayor and City Council of the City of San Bernardino (“City Council”) has examined the District Fire Code Ordinance and finds that it provides consistency in the application and enforcement of building and housing standards with an emphasis on local needs, and with the goal of protecting lives and property from fire damage; and WHEREAS, the Mayor and City Council finds and determines that the action of ratifying the District Fire Code Ordinance can be seen with certainty that there is no possibility that the District Fire Code Ordinance may have a significant adverse effect on the environment; thus, the adoption of the District Fire Code Ordinance is exempt from further environmental review under Section 15061(b)(3) of the State CEQA Guidelines; and
WHEREAS, the Mayor and City Council desires to ratify the District Fire Code Ordinance; and
Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
WHEREAS, the Mayor and City Council wishes to delegate the enforcement of the District Fire Code Ordinance to the District’s Chief, or his or her authorized representative.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratifies the District Fire Code Ordinance. A true and correct copy of the District Fire Code Ordinance is attached as Exhibit A and incorporated herein by this reference.
SECTION 3. Pursuant to Health and Safety Code section 13869.7(h)(1), the City Council directs that the District Fire Code Ordinance shall be enforced within the District’s service area.
The District shall enforce the District’s Code within the City’s corporate limits, and the City’s Building Official shall enforce fire and panic safety and other regulations of the State Fire Marshal as they relate to R-3 dwellings.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the District Fire Code Ordinance with the California Department of Housing and Community Development.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall take effect immediately upon adoption.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
Attest:
_______________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-006, adopted at a regular meeting held on the 17 th day of January 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___day of January 2024.
Genoveva Rocha, CMC, City Clerk