TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Mike Lang, Fire Chief
Dave Shenbaum, Fire Marshal
SUBJECT:Title
Consideration of a Resolution Acknowledging Compliance with Senate Bill 1205 and California Health & Safety Code Section 13146.4 (State Mandated Fire Inspections) (Fire Chief Lang).
ADOPT RESOLUTION NO. 22-0090
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council adopt Resolution No. 22-0090 acknowledging receipt of a report made by the Fire Chief of the Manhattan Beach Fire Department regarding compliance with the annual inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.
Body
FISCAL IMPLICATIONS:
There are no fiscal implications in receiving this report.
BACKGROUND:
Senate Bill (SB) 1205 was approved on September 27, 2018, and requires annual reporting by the Fire Department to City Council on compliance with certain State-mandated inspections in accordance with California Health and Safety Code Sections 13146.2 and 13146.3.
The purpose of SB 1205 is to ensure that fire departments, including the Manhattan Beach Fire Department, are communicating with their governing authority regarding compliance with state mandated safety inspections that the fire department is required to conduct on schools, apartments, and hotels. This dialogue is intended to ensure that fire departments are complying with their inspection mandates and increase the likelihood that they will receive the resources they need to appropriately staff and carry out state mandated inspections.
DISCUSSION:
On December 2, 2016, a fire broke out in a warehouse, known as Ghost Ship, which had been converted into an artist collective, including dwelling units, in the Fruitvale neighborhood of Oakland. A total of 36 people were killed in the fire, and it became the deadliest in the history of the city.
It was also the deadliest building fire in the United States since The Station nightclub fire in 2003, and the deadliest in California since the 1906 San Francisco earthquake. The tragedy at Ghost Ship brought national attention and put a spotlight on fire safety laws and inspection in California. It is from this tragedy that SB 1205 was born.
Manhattan Beach Fire Department’s Fire Prevention Division is comprised of a Fire Marshal, two full-time Fire Inspectors (one whose time is substantially impacted by the Manhattan Beach Studios), and one part-time Fire Inspector. We are currently in the process of hiring additional part-time Fire Inspectors.
On February 18, 2020, the City Council adopted a cost recovery mechanism for these inspections pursuant to the 2020 User Fee Resolution.
The following is a breakdown of known relevant occupancies and the number of inspections that have been completed.
E Occupancies:
Public schools, private schools, daycares - 27 occupancies, 27 inspected.
R Occupancies
R-1 Hotels and motels - 12 occupancies, 12 inspected.
R-2 Apartments, condominiums - 280 occupancies, 235 inspected.
R-2.1 Residential care facilities - 1 occupancies, 1 inspected.
We anticipate we will be 100% compliant with all known 1205 State mandated occupancy inspections by the end of the fiscal year.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue. However, there have been notifications published and circulated to notify the community regarding the fee schedule and notice to owners of properties that meet the requirements.
ENVIRONMENTAL REVIEW
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW
The City Attorney has reviewed this report and approved the agreement as to form.
ATTACHMENTS:
1. Resolution No. 22-0090
2. Senate Bill 1205