HomeMy WebLinkAbout17-Fire
.,
horn:
Dept:
Date:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Larry R Pitzer, Fire Chief
SUbject:Ordinance of the City of San Bernardino
amending Chapter 15.25 of the San Bernardino
Municipal Code to include the Multi-Family
Rental Housing Fire Inspection Program in
accordance with Chapter 15.25 of the San
Bernardino Municipal Code.
July 6, 2004
Fire
ORIGINAL
June 29, 2004
MC/C Meeting Date:
Synopsis oCPrevious Council Action:
01109/95
03/16/04
04/05/04
05/05/04
05/18/04
06/02/04
06/08/04
06/23/04
MC-930: Ordinance to amend Chapter 15.25 of the San Bernardino Municipal Code.
The Legislative Review Committee examined the concept of implementing a multi-family rental
housing fire inspection program.
Mayor and Common Council discussed}he program concept and directed staff to prepare a more
detailed plan for the program.
The Legislative Review Committee examined the plan and requested a draft ordinance.
The Legislative Review Committee referred the item to the full Council with recommendation for
approval.
Item removed from the Mayor and Common Council agenda. I
The Legislative Review Committee met in closed session to discuss the program.
The Legislative Review Committee referred the item to the full Council with recommendation for
approval.
RECOMMENDATION:
1. That said ordinance be laid over for final adoption.
2. Establish full time classification of Public Education Officer (Range 1412, $3465-$4212) and Fire
Prevention Technician (Range 1386, $3044-$3700).
3. Authorize the addition of two (2) Code Compliance Officer II, three (3) Fire Prevention Technicians; one (1)
Fire Prevention Officer; one (1) Public Education Officer; and one (1) Administrative Clerk I position.
4. Direct the Human Resource Department to update Resolution 6413, Section Ten, to reflect this action.
5. Authorize the Finance Director to incorporate the revenues and expenditures associated with this program
into the FY 2004-2005 Final Budget, in accordance with this staffr rt and a hmen.
Contact Person: Larry Pitzer. Fire Chief
Phone: (909) 384-5286
Supporting data attached: StaffReoort and Ordinance
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount:
Source:
$0
(ACCT. No)
( Acc!. Description)
Council Notes:
Finance:
#[7
7(1~ ICX-(
Agenda II
,
,
STAFF REPORT
Subiect:
Ordinance of the City of San Bernardino amending Chapter 15.25 of the San
Bernardino Municipal Code to include the Multi-Family Rental Housing Fire
Inspection Program in accordance with Chapter 15.25 of the San Bernardino Municipal
Code.
Backeround:
In conjunction with discussions with the Fire Union concerning the potential Charter
amendment and staffing additions, a multi-family rental housing fire inspection program
was proposed to be established. Such a program would be completely funded through a
new fee imposed on each rental complex. A resolution to set a public hearing to consider
setting a fee on multi-family fire prevention inspections will be submitted to the Mayor
and Common Council on a subsequent action.
The multi-family rental housing fire inspection program is part of the City of San
Bernardino's overall effort to encourage upkeep of multi-family rental housing units.
Owners of these types of structures will be required to maintain these units in accordance
with applicable housing, building, and property maintenance standards as adopted by the
City.
On March 16, 2004, the Legislative Review Committee (LRC) examined the concept of
implementing a multi-family rental housing fire inspection program. The LRC
recommended that this item be forwarded to the full Council for discussion and
consideration.
On April 5, 2004, the Mayor and Common Council discussed the program concept, and
directed staff to prepare a more detailed plan for the program, including the required
ordinance and resolution for consideration by the LRC.
On May 5, 2004, LRC examined the detailed plan of the program and approved it
unanimously. The Fire Department was directed to prepare an ordinance with the
assistance of the City Attorney's Office for consideration by LRC.
On May 18, 2004, LRC reviewed the ordinance, which was approved unanimously by the
committee.
On June 2, 2004, the item was requested to be removed from the Mayor and Common
Council's agenda meeting scheduled for June 7, 2004.
On June 8, 2004, LRC asked staff to evaluate ways to restructure this pilot program to be
less burdensome on rental property owners that maintain their properties, while at the
same time providing incentive for less responsible property owners to comply with
applicable codes.
On June 23, 2004, LRC reviewed the ordinance with changes, which was approved
unanimously by the committee.
Prol!ram Summary
The program would establish a new fire prevention inspection of every rental unit in
complexes of four (4) units or more. The program would necessitate the addition of six
(6) Fire Prevention and two (2) Code Compliance positions, as indicated on the attached
program summary. A new Fire Prevention Technician classification would also be
established as part of the program.
The new Fire Prevention staff will be responsible for inspecting every rental unit in
complexes of four (4) units or more on an annual basis. Fire Prevention will coordinate
closely with Code Compliance to address serious issues requiring an inspection warrant
or hearing.
The annual inspections will include:
. Smoke detector test
. Fire alarm test
. Fire extinguisher checks
. Common area and overall grounds inspection
. Heating appliance inspections
. Fire Department access and water supply
. Installed Fire Protection System tests
In an effort to create a one-stop shop concept for the program, the two Code Compliance
officers will report to Code Compliance in the mornings and evenings. The rest of the day
will be spent with Fire Prevention so that the entire team is working together to achieve
the goals and objectives of the program. Currently, the Fire Department Plans Examiner
is on this workday schedule; she is assigned during the day to Development Services.
This process works extremely well for the Fire Department and its customers.
The program would also add a Public Education Officer position in the Fire Department.
The position will be focused primarily on fire prevention education related to multi-
family rentals, since it will be funded through the associated fee. However, the addition
of a Public Education Officer is anticipated to benefit residents throughout the
community.
It is anticipated that this program will begin operation soon after the start of the fiscal
year, depending upon the time necessary to fill the positions associated with the program.
2
Financial Imnact:
It is staffs intention that this program be completely self-funded and have no net impact
on the General Fund budget.
In order to determine the potential revenue that will be generated to fund the program
through this new fee structure, assumptions were made related to the number of units in a
complex. Attachment A and B list these assumptions along with the estimated potential
revenue. Since this is a new program actual costs and revenues remain unknown;
however, we project the revenues to be $602,050 (attachment B). Based on the program
cost analysis, the program will be self-supporting. Attachment C lists the new fee
structure that covers both first and second inspections. The new fee structure is based on
the size of the complex.
Staff completed a survey of other cities that operate similar programs (attachment D).
The fees charged vary widely, depending upon the nature and scope of the inspection
program.
As the attached program summary indicates, the hard cost for the program in the first
year is estimated at $503,300.
The new fee for the program will be established by subsequent Council action.
Recommendation:
1. That said ordinance be laid over for final adoption.
2. Establish full time classifications of Public Education Officer (Range 1412, $3465-
$4212) and Fire Prevention Technician (Range 1386, $3044-$3700).
3. Authorize the addition of two (2) Code Compliance Officer II; three (3) Fire
Prevention Technicians; one (1) Fire Prevention Officer; one (1) Public Education
Officer; and one (1) Administrative Clerk I position.
4. Direct the Human Resources Department to update Resolution 6413, Section Ten, to
reflect this action.
5. Authorize the Finance Director to incorporate the revenues and expenditures
associated with this program into the FY 2004-2005 Final Budget, in accordance with
this staff report and attachments.
3
DRAFT
Fire Prevention Technician
Qass speci/fcations al8 inIIJnded to pr8SMIt a ..........Ist of /he ronga of duties padonnad by employa... in /he class.
Specifications al8m intended to I8I1ect a' duties parformad within ttra job.
SUMMARY DESCRIPTION
Under general supervision, performs a variety of fire safety education, prevention,
inspection and enforcement duties; and performs related worX as required.
ORGANIZATIONAL RELATIONSHIPS
The Fire Prevention Technician worXs under the supervision of the Fire Marshal, or
designee.
REPRESENTA~DunES
The /blowing duties... typical for pos/IIons in ttrIs class/IrcatJon. Any single position may not patform a' of ttr_ duties
andibr may padonn _ 181_ duties not _ h8l8:
1. Provides courteous and expeditious customer service to the general public and
City department staffs.
2. Performs and participates in fire and life safety surveys and examinations of
multi-unit residential properties; locates and identifies existing or potential fire
and life safety problems; recommends and requires appropriate fire
prevention/safety measures and devices, including correcting hazardous
conditions, reports irregular or suspicious circumstances to police and other
departments; plans fire escape routes and promoting installation of built-in fire
protection.
3. Performs and participates in field inspections of existing multi-unit residential
properties, to determine existence condition, usage and operational adequacy of
proper fire detection and suppression systems; secures cooperation of property
ownersltenants and advises on corrective action to eliminate life hazards and fire
conducive conditions; outlines or describes steps to ensure compliance with City
codes and ordinances which pertain to such areas as life safety, substandard
housing, health and sanitation, blight, and public nuisance; receives and
investigates complaints.
4. Enforces fire and life safety code provisions of a technical and complex nature;
coordinates with the City Attomey's Office, judges and law enforcement
personnel as necessary; issues, when appropriate, notices of violations, orders
to abate, stop-worX notices, wamings and administrative citations; makes court
appearances at hearings as needed; responds to fires and other emergencies as
directed.
5. Prepares correspondence and reports; prepares documents and reports for the
Board of Building Commissioners (SSC) and Summary Action Hearings;
communicates with other city, county and state fire prevention officials; requests,
with supervisor's approval, assistance from other departments and outside
agencies as necessary; assists in the distribution of pamphlets, brochures and
other public information material; collects, compiles and tabulates information
and data.
-:If .:f Y
.. .i~f
DRAFT
Public Education Officer
Class speciIIcations e", infendadlo PBSant e c/8scrfpt/ve .st of the renge of duties performed by employees in the class.
S_iflcelions e", mIf infendadlo _ ell duties performed wllhln the job.
SUMMARY DESCRIPTION
Under general supervision, coordinates the Fire Department Public Education programs,
community activities, In-service training provides media information as necessary and
performs related work as required.
ORGANIZATIONAL RELATIONSHIPS
The Public Education Officer works under the supervision of the Fire Marshal, or
designee.
REPRESENTATIVE DUTIES
The (o'owing duties lite typical for positions in this _lion. Any single poslion may not petfonn eI of these duties
entlfor mey petfonn sIniIer _ duties not fsted heIII:
1. Provides courteous and expeditious customer service to the general public and
City department staffs.
2. Plans and develops various programs such as fire prevention, safety and bum
prevention, and earthquake preparedness.
3. Reviews and evaluates various needs within the community relative to fire and
life safety; implements programs to address these needs.
4. Presents and/or coordinates programs for various groups and organizations such
as homeowners groups, apartment owners and tenants, public and private
schools, civic organizations, business and industry.
5. Provides instruction in identifying and correcting potential fire and life safety
hazards in the home.
6. Gathers, reviews, and analyzes statistical data to determine what areas of the
community require an emphasis in fire prevention or other life safety instruction
and education.
7. Coordinates engine and truck company activities in the implementing of fire and
life safety programs.
8. . Prepares press releases and public service announcements in conjunction with
community programs.
9. Performs a variety of administrative and research assignments in response to
requests from management; conducts special studies of organizational policies,
procedures, and practices relative to State and Federal mandated programs.
DRAFT
10. Researches, compiles and prepares oral and written reports.
11. Participates in the preparation of the fire prevention budget.
12. Attends and participates in meetings, training sessions, and conferences; stays
abreast of new trends and innovations in the field of fire prevention.
13. Operates City vehides, two-way radios and computer systems.
14. Routinely adheres to and maintains a positive attitude towards City and
Department goals.
15. Work overtime shifts as required.
16. Performs related work as required.
General Qualifications
Knowledge of:
Modem fire prevention practices and procedures as they apply to fire and life
safety in homes and businesses;
Municipal, state and federal laws, codes and ordinances pertaining to fire
prevention and life safety measures;
Fire drill procedures;
Fire surveys and educational methods used in fire prevention;
Safety precautions and procedures pertaining to work;
Public speaking and public relations techniques;
Basic mathematics;
English grammar, syntax, spelling and punctuation;
Modem office practices, procedures and equipment, induding personal
computers.
Ability to:
Design, organize, and implement fire and life safety education programs and
projects;
Analyze fire safety procedures in multi-family and business occupancies;
Work cooperatively with City department and other govemmental and private
agencies;
Analyze and interpret research findings and condusions relative to preventing
death, injury, or property damage by fire;
Communicate orally with City employees, the general public, and representatives
outside the City structure in one-on-one and group settings, by telephone, and
other media forums;
Write dear, concise and comprehensive reports and news releases;
Prepare correspondence and reports and maintain accurate records;
Interpret and explain, laws, codes, regulations, policies and procedures;
Perform arithmetic calculations and measurements;
Exercise independent judgement and work with a minimum of supervision;
Coordinate a variety of work responsibilities independently;
Maintain and wear the prescribed uniform in a neat and orderly manner;
Understand and follow written and oral instructions;
DRAFT
,
Communicate dearly and concisely, both orally and in writing;
Establish and maintain effective relationships with those contacted in the course
of work.
Minimum Qualifications:
Graduation from high school or GED equivalent. Completion of 30 semester units
of college-level courses in fire science/technology, sociology, psychology, or a
related field. One year experience in fire and life safety public education.
Must pass a police background investigation.
Ucense or Certificate:
Possession of a valid Class .C' California Drivers License is required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions _... ..",..._ of_ thllf must bI met by.n .mp/oyoe /0 _I)' plfform till ISSInIill
fIlndionsofthlsjob. ReIsonobll_ m.ybl_ /0 .n.bII_1IIs _ _ /0 pIfform the
essenfill job fIlncflons.
Environment: Indoor and outdoor environment; travel from site to site to
conduct public education programs or attend meetings; exposure to noises,
smoke, toxic materials, vibrations, odors or dust; work in indement weather
conditions.
PhYSical: Incumbents require sufficient mobility for walking, standing and sitting
for prolonged periods of time; to travel to various locations and conduct public
education programs; to transport materials and supplies weighing up to 75
pounds.
Vision: See in the normal visual range, with or without correction; vision
sufficient to read small print, computer screens and other printed documents; to
conduct public education programs.
Hearina: Hear in the normal audio range, with or without correction.
From:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Date:
Larry R. Pitzer, Fire Chief
Subject: Ordinance of the City of San Bernardino amending Chapter
15.25 of the San Bernardino Municipal Code to include the
Multi-Family Rental Housing Fire Inspection Program, with a
resolution establishing certain fees for multi-family rental
housing fire inspection services furnished by the City of San
Bernardino in accordance with Chapter 15.25 of the San
Bernardino Municipal Code, and repealing Part VIII, Section
2 B of resolution number 2004-58.
MC/C Meeting Date: June 7, 2004
Fire
OR\G\NAL
May 24, 2004
Synopsis oCPrevious Council Action:
01/09/95
03/16/04
04/05/04
05/05/04
05/18/04
MC-930: Ordinance to amend Chapter 15.25 ofthe San Bernardino Municipal Code.
The Legislative Review Committee examined the concept of implementing a multi-family rental
housing fire inspection program.
Mayor and Common Council discussed the program concept and directed staff to prepare a more
detailed plan for the program.
The Legislative Review Committee examined the plan and requested a draft ordinance.
The Legislative Review Committee referred the item to the full Council with recommendation for
approval.
RECOMMENDATION:
1. That said ordinance be laid over for final adoption.
2. Set a public hearing for Monday, June 21, at 4:00 p.m. in the Council Chambers to consider a resolution
setting the multi-family fire prevention inspection fee, and repealing the engine company apartment
inspection fee.
3. Establish full time classification of Public Education Officer (Range 1412, $3465-$4212) and Fire
Prevention Technician (Range 1386, $3044-$3700).
4. Authorize the addition of two (2) Code Compliance Officer II, three (3) Fire Prevention Technicians; one (1)
Fire Prevention Officer; one (1) Public Education Officer; and one (1) Administrative Clerk I position.
5. Direct the Human Resource Department to update Resolution 6413, Section Ten, to reflect this action.
6. Authorize the Finance Director to incorporate the revenues and expenditures associated with this program
into the FY 2004-2005 Final Budget, in accordance with this sta.;::~wort and a chIn
..........,.,;.
Contact Person: Larry Pitzer. Fire Chief
Phone: (909) 384-5286
Supporting data attached: StaffReoort. Resolution. and Ordinance
Ward: Citywide
FUNDING REQUIREMENTS:
Amount:
Source:
$0
(ACCT. No)
(Acct. Description)
Council Notes:
Finance:
~
Agenda Item No. 2. ~
STAFF REPORT
Subiect:
Ordinance of the City of San Bernardino amending Chapter 15.25 of the San
Bernardino Municipal Code to 'include the multi-family rental housing fire inspection
program, with a resolution establishing certain fees for multi-family rental housing fire
inspection services furnished by the City of San Bernardino in accordance with Chapter
15.25 of the San Bernardino Municipal Code, and repealing Part VIII, Section 2 B of
resolution number 2004-58.
Back2round:
In conjunction with discussions with the Fire Union concerning the potential Charter
amendment and staffing additions, a multi-family rental housing fire inspection program
was proposed to be established. Such a program would be completely funded through a
new fee imposed on each rental unit.
The multi-family rental housing fire inspection program is part of the City of San
Bernardino's overall effort to encourage upkeep of multi-family rental housing units.
Owners of these types of strucnu:es will be required to maintain these units in accordance
with applicable housing, building, and property maintenance standards as adopted by the
City.
On March 16,2004, the Legislative Review Committee (LRC) examined the concept of
implementing a multi-family rental housing fire inspection program. The LRC
recommended that this item be forwarded to the full Council for discussion and
consideration.
On April 5, 2004, the Mayor and Common Council discussed the program concept, and
directed staff to prepare a more detailed plan for the program, including the required
ordinance and resolution for consideration by the LRC. A number of questions and
concerns were raised (attachment C). Staff has reviewed and researched those issues.
On May 5, 2004, LRC examined the detailed plan of the program and approved it
unanimously. The Fire Department was directed to prepare an ordinance with the
assistance of the City Attorney's Office for consideration by LRC.
On May 18, 2004, LRC reviewed the ordinance, which was approved unanimously by the
committee. The item was referred to the full Council with the recommendation for
approval.
Pr02ram Summary
The program would establish a new fire prevention inspection of every rental unit in
complexes of four (4) units or more. The program would necessitate the addition of six
(6) Fire Prevention and two (2) Code Compliance positions, as indicated on the attached
program summary. A new Fire Prevention Technician classification would also be
established as part of the program.
The new Fire Prevention staff will be responsible for inspecting every rental unit in
complexes of four (4) units or more on an annual basis. Fire Prevention will coordinate
closely with Code Compliance to address serious issues requiring an inspection warrant
or hearing.
The annual inspections will include:
. Smoke detector test
. Fire alarm test
. Fire extinguisher checks
. Common area and overall grounds inspection
. Heating appliance inspections
. Fire Department access and water supply
. Installed Fire Protection System tests
\ ;'
In an effort to create a one-stop shop concept for the program, the two Code Compliance
officers will report to Code Compliance in the mornings and evenings. The rest of the day
will be spent with Fire Prevention so that the entire team is working together to achieve
the goals and objectives of the program. Currently, the Fire Department Plans Examiner
is on this workday schedule; she is assigned during the day to Development Services.
This process works extremely well for the Fire Department and its customers.
The program would also add a Public Education Officer position in the Fire Department.
The position will be focused primarily on fire prevention education related to multi-
family rentals, since it will be funded through the associated fee. However, the addition
of a Public Education Officer is anticipated to benefit residents throughout the
community.
It is anticipated that this program will begin operation soon after the start of the fiscal
year, depending upon the time necessary to fill the positions associated with the program.
Financial ImDact:
'.'
It is staffs intention that this program be completely self-funded and have no net impact
on the General Fund budget. Based on the program cost analysis, a fee of $38 per unit is
the minimum fee needed to make the program self-supporting. That fee amount is based
on an estimated 16,100 units that would be subject to the fee. Staff completed a survey
of other cities that operate similar programs (attachment A). The fees charged vary
widely, depending upon the nature and scope of the inspection program.
If this program is established, the engine company apartment inspection fee established in
August 2003 would need to be repealed. This revenue was budgeted to generate $75,000
this fiscal year, but is anticipated to actually bring in $30,000. This revenue to the
2
General Fund would not be collected in future years, and the loss of this revenue will
adversely impact the City's General Fund budget.
As the attached program summary indicates, the total first year cost for the program is
currently estimated at $503,300. Assuming a collection rate of 90%, revenues are
estimated to total $550,620. Since this is a new program and actual costs and revenues
remain unknown, the approximately 9% difference between revenues and expenditures
provides a margin for error in either revenues or expenditures (attachment B).
Recommendation:
I. That said ordinance be laid over for final adoption.
2. Set a public hearing for Monday, June 21, at 4:00 p.m. in the Council Chambers to
consider a resolution setting the multi-family fire prevention inspection fee, and
repealing the engine company apartment inspection fee.
3. Establish full time classifications of Public Education Officer (Range 1412, $3465-
$4212) and Fire Prevention Technician (Range 1386, $3044-$3700).
4. Authorize the addition of two (2) Code Compliance Officer 11; three (3) Fire
Prevention Technicians; one (I) Fire Prevention Officer; one (1) Public Education
Officer; and one (1) Administrative Clerk I position.
5. Direct the Human Resources Department to update Resolution 6413, Section Ten, to
reflect this action.
6. Authorize the Finance Director to incorporate the revenues and expenditures
associated with this program into the FY 2004-2005 Final Budget, in accordance with
this staff report and attachments.
3
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF
THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE MULTI-FAMILY
RENTAL HOUSING FIRE INSPECTION PROGRAM.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.25 of the San Bernardino Municipal Code is hereby amended to
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read as follows:
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Chapter 15.25
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MUL TI-F AMIL Y RENTAL HOUSING FIRE INSPECTION PROGRAM
Sections:
15.25.010
15.25.020
15.25.030
15.25.040
15.25.050
15.25.080
15.25.090
Purpose.
Definitions.
Scope.
Annual Inspection Required.
Administrative Citations.
Enforcement-Public Nuisance.
Enforcement-Alternatives.
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15.25.010 Purpose.
The Multi-family Rental Housing Fire Inspection Program is a part of the City of San Bernardino's
overall effort to encourage upkeep of multi-family rental housing units. Owners of these types of
. structures will be required to maintain these units in accordance with applicable housing, building
.and property maintenance standards as adopted by the City. Recent fires in the City have resulted
in property damage, personal injuries, and loss of life in multi-family rental housing units.
California Health and Safety Code Section 13146.2 (a) requires city fire departments to inspect
multi-family rental housing units annually. Ord. MC-930, 1-9-95).
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15.25.020 Definitions.
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A. "City" means the City of San Bernardino.
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"Occupant" means any person who occupies a unit, whether as an owner or tenant or
permittee of the owner.
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1 C.
"Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as
defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or
in a group of attached or detached structures containing one or more such dwelling units on
the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the
purpose of this Chapter, the following types of dwelling units or facilities are not considered
multi-family rental housing units:
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a)
Hotels or motels.
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b)
Accommodations in any hospital, extended care facility, residential care facility,
convalescent home, nonprofit home for the aged, or dormitory that is owned and
operated by an education institution.
c)
Mobile Home Parks.
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D. "Multi-family Rental Housing Complex" means a multi-unit residential structure consisting
of four (4) or more units existing on one (1) parcel ofland.
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E. "Owner" means a single individual or entity that has any kind of ownership interest whether
as an individual, partner, joint venturer, stock owner, or some other capacity.
F. "Person" means the individual, partnership, corporation or association or the rental agent of
any of the foregoing.
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G. "Fire Marshal" means the division head of the San Bernardino City Fire Department Fire
Prevention Division or his/her designee. (Ord. MC-I027, 9-8-98; Ord. MC-930, 1-9-95)
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15.25.030 Scope.
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing
four or more units on a single parcel. (Ord. MC-930, 1-9-95)
15.25.040 Annual Inspection Required.
A. Pursuant to California Health and Safety Code Section 13146.2, any multi-family rental
housing complex containing four or more units on a single parcel shall be subject to an
annual inspection of the interior and exterior by the Fire Marshal for compliance with
applicable sections of state and local fire codes relating to housing, building and property
maintenance.
B. The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing
complex at least three weeks before the scheduled annual inspection. The owner(s) of the
multi-family rental housing complex shall give written notice to any tenant(s) at least one
week before the scheduled annual inspection.
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C. The owner(s) of the multi-family rental housing complex shall pay a fee to the City, in an
26 amount set by Resolution of the Common Council, sufficient to pay the costs of the Fire
Marshal's annual inspection pursuant to this Chapter.
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D. Any owner(s) of a multi-family rental housing complex who fails to permit the annual
inspection by the Fire Marshal pursuant to this Chapter, shall be guilty of an infraction or
misdemeanor punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
E. Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for
the costs of the Fire Marshal's annual inspection pursuant to this Chapter, shall be guilty of
an infraction punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
15.25.050 Administrative Citations
Where the Fire Marshal's annual inspection pursuant to this Chapter identifies a violation(s) of
state or local fire codes relating to housing, building, or property maintenance, the Fire Marshal
may issue an administrative citation to the property owner(s) in accordance with San Bernardino
Municipal Code Chapter 9.92.
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15.25.080 Enforcement-Public Nuisance.
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It shall be considered a public nuisance to have or maintain any rental property which fails to
comply with state and local laws as they relate to fire codes, housing standards, property
maintenance, building codes or local zoning requirements. The Fire Marshal shall have the power
to require correction of violations identified through the annual inspection by using the proce.dure
set forth in the California Fire Code Article 1 and Chapter 8.30 of the San Bernardino Municipal
Code. (Ord. MC-930, 1-9-95).
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15.25.090 Enforcement-Alternatives.
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A. Nothing herein shall prevent the enforcement of this Chapter by criminal, civil or
administrative actions either undertaken individually or in conjunction with other remedies.
B. The enforcement of this Chapter by a criminal, civil or administrative action shall not relieve
the property owner of his or her obligations under this Chapter. (Ord. MC-930, 1-9-95).
IIII
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I
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF
THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE MULTI-FAMILY
RENTAL HOUSING FIRE INSPECTION PROGRAM.
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IS
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the
, 2004, by the following vote, to wit:
day of
NAYS
ABSTAIN ABSENT
AYES
Council Members:
ESTRADA
LIEN-LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By:
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RESOLUTION NO.
3
RESOLUTION ESTABLISHING CERTAIN FEES FOR MULTI-FAMILY RENTAL
HOUSING FIRE INSPECTION SERVICES FURNISHED BY THE CITY OF SAN
BERNARDINO IN ACCORDANCE WITH CHAPTER 15.25 OF THE SAN BERNARDINO
MUNICIPAL CODE AND REPEALING PART VIII, SECTION 2 B OF RESOLUTION
NUMBER 2004-58.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The following fee is hereby established for multi-family rental housing fire
8 inspection services:
9
A. Annual Inspection:
$40.00 per unit
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SECTION 2. In accordance with Section 15.25.080 of the San Bernardino Municipal Code,
11
where violations of code are found to still exist upon re-inspection by the City, the property owner
12.
may be charged for all costs incurred by the City for obtaining compliance in accordance with
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Chapter 8.30 of the San Bernardino Municipal Code.
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1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING CERTAIN FEES FOR MULTI-FAMILY RENTAL
HOUSING FIRE INSPECTION SERVICES FURNISHED BY THE CITY OF SAN
BERNARDINO IN ACCORDNACE WITH CHAPTER 15.25 OF THE SAN BERNARDINO
MUNICIPAL CODE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
meeting thereof, held on the
Common Council of the City of San Bernardino at a
6
, 2004, by the following vote, to wit:
day of
7
8
9
NAYS
ABSTAIN ABSENT
Council Members:
AYES
ESTRADA
10
LIEN-LONGVILLE
McGINNIS
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12
DERRY
13
KELLEY
14
JOHNSON
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McCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Mayor
City of San Bernardino
23
Approved as to form
and legal content:
24
James F. Penman
25 City Attorney
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By:
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2
'.
Survey of Rental Housing Inspection Fees
Attachment A
Cm: Insoection Fee
Albany $503-5 units to $1000 for over 200 units
Azusa $45 plus $8 per unit
Berkeley $41.5 per 1/4 hr
Big Bear $121 (home rentals)
Milpitas $98 per hour
Pasadena $16 per unit Dlus 3% administrative fee
Santa Ana $70 Der unit (inspect 25% of rental units annually)
San Carlos $45 per buildin~ $4 per unit annually
San Jose $5 per address
San Pablo $175 per building Dlus $25 Der unit
Santa Clara $5 Der unit annually
Santa Fe Sprin~s . $85 per unit annually
Santa Monica $60 per year per complex
0-3 units $30; 4-12 units $60; 13- 20 units $120; 21-30
Union City units $180; 30 or more units $250
Other Cities Contacted/No Program:
Chino
Colton
Fontana
Ontario
Pomona
Rancho Cucamonga
Red1ands
Riverside
City Administrator's Office 5/25/2004
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Attachment C
Council Member Questions-ADril 5. 2004
Question: Should the fee apply to senior housing units?
According to EDA statistics, there are approximately 1500 senior housing units in the
City. If these units were not charged the annual fee, the potential loss of revenue would
be $60,000. It is important to note that this revenue loss cannot be passed on to the
owners of other types of units, since the fee cannot exceed the actual cost to complete the
inspections (H & S 13146.2b). If the policy decision of the Mayor and Council is to
exempt senior housing, the revenue loss would need to be offset by General Fund dollars.
Since the goal is for the program to be self-supporting, it is recommended that all multi-
family rental property owners be charged the fee.
Question: Can/should the fee be based on public safety calls for service?
It is possible that fees could be structured to reflect the costs of police and fIre calls for
service. However, staff does not recommend that approach for a number of reasons.
. A technicaVlegal issue exists, because complexes with relatively more calls for
service still cannot be charged more than the cost to complete the inspection.
. Such a program would be administratively difficult to manage. The calls for service
would need to be evaluated every year prior or after the inspection to see if they
qualify for lower or higher fees that inspection year.
. People with medical problems that generate calls for service may be subject to
discrimination or eviction if their calls cause the property owners to pay more.
. A fee currently exists for medical aid calls. The City could explore charging a fee
for police department calls for service; however, such a fee would be highly unusual.
Question: Could lower fees or exemptions be given to units that are inspected and are
found in good condition?
Yes, this could certainly be done and is the case with some programs in other cities.
However, the revenue loss would result in a General Fund subsidy for the program.
Question: Weren't business registration fees already enacted on rentals to pay for an
inspection program?
Yes, a new business registration fee for single-family rentals was created in the 1990's.
The rental housing inspection program created at that time was later eliminated, and
staffing resources redirected to other code enforcement priorities.
This new fee would apply to multi-family units only.
Question: Can we evaluate a pre-sale inspection program for buildings 50 years or
older?
Attachment C
Such a program was discussed previously by the Legislative Review Committee, and
could be enacted. The option of providing the program is being pursued by city staff and
will be presented to the Mayor and Common Council at a later date.
Question: Do any cities in the immediate area have similar programs?
A survey of other cities with a similar program is attached (attachment A). None of these
cities are located in the immediate area.
DRAFT
Fire Prevention Technician
ClIISS ___lions a.. __ fD ",..,.1 a <fesctPive list of ItIa range of _ performed by emp/oyefJ$ in ItIa class.
Spacilfcafjons a.. IJJIt Intended fD _ aU duties perfonnad within tha job.
SUMMARY DESCRIPTION
Under general supervision, perfonns a variety of fire safety education, prevention,
inspection and enforcement duties; and perfonns related work as required.
ORGANIZATIONAL RELATIONSHIPS
The Fire Prevention Technician works under the supervision of the Fire Marshal, or
designee.
REPRESENTATIVE DUTIES
Tha foIowfng _ ... typical for positions In this cI_tion. Any s/ngla position may not perform aU of thfJS8 duties
and/or may perform _181__ not _ h818:
1. Provides courteous and expeditious customer service to the general public and
City department staffs.
2. Perfonns and participates in fire and life safety surveys and examinations of
multi-unit residential properties; locates and identifies existing or potential fire
and life safety problems; recommends and requires appropriate fire
prevention/safety measures and devices, including correcting hazardous
conditions, reports irregular or suspicious circumstances to police and other
departments; plans fire escape routes and promoting installation of built-in fire
protection.
3. Perfonns and participates in field inspections of existing multi-unit residential
properties, to detennine existence condition, usage and operational adequacy of
proper fire detection and suppression systems;- secures cooperation of property
owners/tenants and advises on corrective action to eliminate life hazards and fire
conducive conditions; outlines or describes steps to ensure compliance with City
codes and ordinances which pertain to such areas as life safety, substandard
housing, health and sanitation, blight, and publiC nuisance; receives and
investigates complaints.
4. Enforces fire and life safety code provisions of a technical and complex nature;
coordinates with the City Attorney's Office, judges and law enforcement
personnel as necessary; issues, when appropriate, notices of violations, orders
to abate, stop-work notices, warnings and administrative citations; makes court
appearances at hearings as needed; responds to fires and other emergencies as
directed.
5. Prepares correspondence and reports; prepares documents and reports for the
Board of Building Commissioners (BBC) and Summary Action Hearings;
communicates with other city, county and state fire prevention officials; requests,
with supervisor's approval, assistance from other departments and outside
agencies as necessary; assists in the distribution of pamphlets, brochures and
other public information material; collects, compiles and tabulates infonnation
and data.
DRAFT
Public Education Officer
ClIISS speci/lcBlions a", Intandad to "",sant a dasctfptive 'st of tha range of duties parforrnad by amp/oyeas In tlra class.
SpacI/IcaIions a", IIS!f Intandad to _ aN dutlss parforrnad within tha job.
SUMMARY DESCRIPTION
Under general supervision, coordinates the Fire Department Public Education programs,
community activities, In-service training provides media information as necessary and
performs related work as required.
ORGANIZATIONAL RELATIONSHIPS
The Public Education Officer works under the supervision of the Fire Marshal, or
designee.
REPRESENTATIVE DUTIES
TIra roNowing duties SI8 typical for posI/Ions In this c1sss11icslion. Any single position I1IlIY not psrform .. of thasa dutIss
antVor may padonn simler _ duties not IIstsd hSl8:
1. Provides courteous and expeditious customer service to the general public and
City department staffs.
2. Plans and develops various programs such as fire prevention, safety and bum
prevention, and earthquake preparedness.
3. Reviews and evaluates various needs within the community relative to fire and
life safety; implements programs to address these needs.
4. Presents and/or coordinates programs for various groups and organizations such
as homeowners groups, apartment owners and tenants, public and private
schools, civic organizations, business and industry.
5. Provides instruction in identifying and correcting potential fire and life safety
hazards in the home.
6. Gathers, reviews, and analyzes statistical data to determine what areas of the
community require an emphasis in fire prevention or other life safety instruction
and education.
7. Coordinates engine and truck company activities in the implementing of fire and
life safety programs.
8. Prepares press releases and public service announcements in conjunction with
community programs.
9. Performs a variety of administrative and research assignments in response to
requests from management; conducts special studies of organizational policies,
procedures, and practices relative to State and Federal mandated programs.
,
DRAFT
10. Researches, compiles and prepares oral and written reports.
11. Participates in the preparation of the fire prevention budget.
12. Attends and participates in meetings, training sessions, and conferences; stays
abreast of new trends and innovations in the field of fire prevention.
13. Operates City vehicles, two-way radios and computer systems.
14. Routinely adheres to and maintains a positive attitude towards City and
Department goals.
15. Work overtime shifts as required.
16. Performs related work as required.
General Qualifications
Knowledge of:
Modem fire prevention practices and procedures as they apply to fire and life
safety in homes and businesses;
Municipal, state and federal laws, codes and ordinances pertaining to fire
prevention and life safety measures;
Fire drill procedures;
Fire surveys and educational methods used in fire prevention;
Safety precautions and procedures pertaining to work;
Public speaking and publiC relations techniques;
Basic mathematics;
English grammar, syntax, spelling and punctuation;
Modem office practices, procedures and equipment, including personal
computers.
Ability to:
Design, organize, and implement fire and life safety education programs and
projects;
Analyze fire safety procedures in multi-family and business occupancies;
Work cooperatively with City department and other govemmental and private
agencies;
Analyze and interpret research fllldings and conclusions relative to preventing
death, injury, or property damage by fire;
Communicate orally with City employees, the general public, and representatives
outside the City structure in one-olH)ne and group settings, by telephone, and
other media forums;
Write clear, concise and comprehensive reports and news releases;
Prepare correspondence and reports and maintain accurate records;
Interpret and explain, laws, codes, regulations, policies and procedures;
Perform arithmetic calculations and measurements;
Exercise independent judgement and work with a minimum of supervision;
Coordinate a variety of work responsibilities independently;
Maintain and wear the prescribed uniform in a neat and orderly manner;
Understand and follow written and oral instructions;
i
I.
DRAFT
Communicate clearly and concisely, both orally and in writing;
Establish and maintain effective relationships with those contacted in the course
of work.
Minimum Qualifications:
Graduation from high school or GED equivalent. Completion of 30 semester units
of college-level courses in fire science/technology, sociology, psychology, or a
related field. One year experience in fire and life safety public education.
Must pass a police background investigation.
Ucense or Certificate:
Possession of a valid Class .C. California Drivers License is required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein eta tapt8S8ntelive 0(_ thet must be met by en employee /0 successfuBy petfotm the essenlllll
funclJons ofthlsjob. Reasone"'" _ mey be mede /0 ene"'" lndIvIduels with _ /0 perfotm the
essentJe/ job fIInc1ions.
Environment: Indoor and outdoor environment; travel from site to site to
conduct public education programs or attend meetings; exposure to noises,
smoke, toxic materials, vibrations, odors or dust; work in inclement weather
conditions.
Physical: Incumbents require sufficient mobility for walking, standing and sitting
for prolonged periods of time; to travel to various locations and conduct public
education programs; to transport materials and supplies weighing up to 75
pounds.
Vision: See in the normal visual range, with or without correction; vision
sufficient to read small print, computer screens and other printed documents; to
conduct public education programs.
Hearina: Hear in the normal audio rangE!, with or without correction.
Attachment A
.
I AssUIII Total Units Number of ComDIex.. Revenue
IQuadruPleX 4 Units) 2185 2185/4= 541 $103.737
nts 5 -14 UnIts) 2835 2lI35I9 CI =315 $88,154
IADlrtments 15 - 40 Units) 2837 2837/28 C. = 101 $87.788
IADlItments 41 + Unils) 8263 8263/41 ClSllU/Ilntlon) =201 $207.170
I TliIi8I Revenue $478.847
I
Note: These fees predicated upon 1st and 2nd inspections.
Remaining fees are delineated on attachment B.
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4-8 $191.75
- 943ft"!} $311.60
14-18 $431.45
19-23 $551.30
24-28 $671.15
29-33 $791.00
34-38 $910.85
39-43 $1,030.70
44-48 $1,150.55
49-53 $1,270.40
54-58 $1,390.25
59-63 $1,510.10
64-68 $1,629.95
69-73 $1,749.80
74-78 $1,869.65
79-83 $1,989.50
84-88 $2,109.35
89-93 $2,229.20
94-98 $2,349.05
99-103 $2,468.90
104-108 $2,588.75
109-113 $2.708.60
114-118 $2,828.45
119-123 $2,978.30
124-128 $3,068.15
129-133 $3,188.00
134-138 $3,307.85
139-143 $3,427.70
144-148 $3,547.55
149-153 $3,667.40
154-158 $3,787.25
159-163 $3,907.10
164-168 $4,030.31
169-173 $4,146.80
174-178 $4,270.21
179-183 $4,390.16
184-188 $4,506.35
189-193 $4,626.20
194-198 $4,746.05
199-203 $4,865.90
204-208 $4,987.83
209-213 $5,105.60
214-218 $5,225.45
219-223 $5,345.30
224-228 $5,465.15
229-233 $5,585.00
234-238 $5.704.85
239-243 $5,824.70
244-248 $5.944.55
249-253 $6.064.40
254-258 $6,184.25
259- $6,208.22
1(_ 4
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DRAFT
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Entered into Record It It:lt: I .
CouncillCmvDevCms Mtg: "7 /1 fI '"
bv 9- ~~~
re Agenda Item /7
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City ClerldCDC Secy
City of San Bernardino
-,
#17
.
4-8
9-13
14-18
19-23
24-28
29-33
34-38
39-43
44-48
49-53
54-58
59-63
64-68
69-73
74-78
79-83
84-88
89-93
94-98
99-103
104-108
109-113
114-118
119-123
124-128
129-133
134-138
139-143
144-148
149-153
154-158
159-163
164-168
169-173
174-178
179-183
184-188
189-193
194-198
199-203
204-208
209-213
214-218
219-223
224-228
229-233
234-238
239-243
244-248
249-253
254-258
259-
Attachnent C
$191,75
$311,60
$431.45
$551,30
$671.15
$791.00
$910.85
$1.030.70
$1,150,55
$1,270.40
$1,390.25
$1,510,10
$1,629.95
$1.749.80
$1,869.65
$1,989,50
$2,109.35
$2,229.20
$2,349,05
$2,468.90
$2,588.75
$2,708.60
$2,828.45
$2,978.30
$3,068,15
$3,188,00
$3,307.85
$3,427,70
$3,547,55
$3,667,40
$3,787.25
$3,907,10
$4,030.31
$4,146.80
$4.270,21
$4,390,16
$4,506.35
$4,626,20
$4,746.05
$4,865,90
$4.987,83
$5,105.60
$5,225.45
$5,345,30
$5,465,15
$5,585,00
$5,704,85
$5,824,70
$5,944.55
$6,064.40
$6,184,25
$6,208.22
Survey of Rental Housing Inspection Fees
Attachment D
City Insnection Fee
Albany $503-5 units to $1000 for over 200 units
Azusa $45 plus $8 per unit
Berkeley $41.5 oer 1/4 hr
Big Bear $121 (home rentals)
Milnitas $98 per hour
Pasadena $16 per unit olus 3% administrative fee
Santa Ana $70 oer unit (insoect 25% of rental units annually)
San Carlos $45 per building $4 per unit annually
San Jose $5 oer address
San Pablo $175 oer buildin!! olus $25 per unit
Santa Clara $5 per unit annually
Santa Fe Springs $85 per unit annuallv
Santa Monica $60 per year per comolex
0-3 units $30; 4-12 units $60; 13- 20 units $120; 21-30
Union City units $180; 30 or more units $250
Other Cities Contacted/No Prol!ram:
Chino
Colton
Fontana
Ontario
Pomona
Rancho Cucamonga
Redlands
Riverside
City Administrator's Office 6/29/2004
'.
From: The Del Rosa Neighborhood Improvement Association
To: San Bernardino city council
Da"~: 7/6/04
R~ proposed Multifamily Rental Housing Fire Inspection Program & Fee
We stand against the proposed program & fee on the following grounds:
(1) A Waste of Money: To the best of our research, during the last
twenty years, nobody has died in apartment house fires due to code
violations. Nor have any fires actually started because of code
violations. Generally, wnen fires start, it is because' of
carelessness (paper debris left on stove, burning cigarettes left
unattended, kids playing with matches, recent pipe soldering not
properly sprayed down with water). Hence, this inspection program
won't help.
~~t~
(2) Money would be Better Spent Fighting Crime: The biggest problem
the city has is crime. Instead of hiring more fire department
personnel, we should be hirlng"'more police of:f"icers ;-'or 'Detter 'yet,
giving them more authority. To curb crime, complexes which take
public money (welfare dollars) should have to conform with crime-
free rental standards as defined by the police department. Also,
apartment complexes which consume an exorbitant share of police
resources should be charged on a per-call basis. This would do more
to solve the city's real problems than anything else, while hiring
a fire code inspector will only drain money uselessly.
(3) Unfair to City Landlords: The city contains numerous county
pC" "ets which will remain unaffected by this new tax. Hence, county
ap.,,"- tments, which are often across the street from city apartments,
will operate with an unfair advantage.
(4) Unfair to Tenants: If apartments are to be affected, why not
houses, townhomes, condos, duplexes or even fourplexes? The answer
is that the poorest people live in apartments, and they are too
busy trying to make ends meet to come to city hall and oppose yet
another tax. '
~ntmdinto Record It ~ ~ _ 10 </
c'. "IOevCms Mtg: ..../0> c.:. ,.
It
13 Item
33
.~ ,1- h _ C.l-tUxp-.-
City ClerklCOe Secy
City of San Bernardino
July 6, 2004
Villa Granada Apartments
1811 East Pumalo Ave.
San Bernardino, CA 92404
Dear Mayor and Members of the Common Council:
Before you make the decision to impose the $40.00 per unit annual fee on apartment houses of
more than four units, you should ask the following questions:
I. How many fires in San Bernardino apartment houses have been started because of fire code violations in the last
20 years?
My research shows that although there have been many fires in San Bernardino apartment houses in the last 20
years, none has been started because of a fire code violation. The most common cause has been lighted
cigarette butts dropping on floors, couches or beds by sleepy smokers. Other causes I found in my research
were kids playing with matches, mechanics using torches for pipe repairs, and other causes that have nothing to
do with fire codes. The facts do not support fire code inspections as an effective means of preventing
apartment house fires.
2. In the fires that occurred in apartment houses in the last 20 years, how many human lives have been lost due to
fire code violations?
Again my research shows there has not been a life lost in apartment houses due to fire code violations.
We need more policemen in San Bernardino, not more firemen. In our apartments we have hired a security
guard service at a considerable expense to patrol the grounds during the night in order to keep criminals away
from our property,: Security against criminals is the biggest issue in our city.
Sincerely yours,
W~
Demetrios Vassilakos
2386 Denair Ave.
Highland, CA 92346
Entered into Rani..
Cnltnr.iI/CmvDevCml Mta:
'4~ /0/
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11\
re ~rla Item _. 33
~"~ /6a~
Ity Clerk/CDC Secy
Cily of San Bernardin. '
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ORDINANCtOQ) flf
2
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF
THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE MULTI-FAMILY
RENTAL HOUSING FIRE INSPECTION PROGRAM.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ORDAIN AS FOLLOWS:
3
4
5
6
7
SECTION 1. Chapter 15.25 of the San Bernardino Municipal Code is hereby amended to read as
follows:
8
9
10
Chapter 15.25
MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM
Sections:
15.25.010
15.25.020
15.25.030
15.25.040
15.25.050
15.25.080
15.25.090
Purpose.
Definitions.
Scope.
Annual Inspection Required.
Administrative Citations.
Enforcement-Public Nuisance.
Enforcement-Alternatives.
II
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15
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15.25.010 Purpose.
The Multi-family Rental Housing Fire Inspection Program is a part ofthe City of San Bemardino's
overall effort to encourage upkeep of multi-family rental housing units. Owners of these types of
structures will be required to maintain these units in accordance with applicable housing, building
and property maintenance standards as adopted by the City. Recent fires in the City have resulted
in property damage, personal injuries, and loss oflife in multi-family rental housing units. California
Health and Safety Code Section 13146.2 (a) requires city fire departments to inspect multi-family
rental housing units annually. (Ord. MC-930, 1-9-95).
15.25.020 Definitions.
A.
"City" means the City of San Bernardino.
B.
"Occupant" means any person who occupies a unit, whether as an owner or tenant or permittee
of the owner.
25
26
27
28
c.
"Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined
in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group
of attached or detached structures containing two or more such dwelling units on the same
parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose
of this Chapter, the following types of dwelling units or facilities are not considered multi-
family rental housing units:
~o ...J.J
~ah /fJ
0
2
3
4
5
6
7
8
9
10
II
12
13
0 14
15
16
17
18
19
20
21
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23
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25
D.
C 26
27 III
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a) Hotels or motels.
b) Accommodations in any hospital, extended care facility, residential care facility,
convalescent horne, nonprofit home for the aged, or dormitory that is owned and
operated by an education institution.
c) Mobile Horne Parks.
D. "Multi-family Rental Housing Complex" means a multi-unit residential structure consisting
offour (4) or more units existing on one (I) parcel ofland.
E. "Owner" means a single individual or entity that has any kind of ownership interest whether
as an individual, partner, joint venturer, stock owner, or some other capacity.
F. "Person" means the individual, partnership, corporation or association or the rental agent of
any of the foregoing.
G. "Fire Marshal" means the division head of the San Bernardino City Fire Department Fire
Prevention Division or his/her designee. (Ord. MC-I 027, 9-8-98; Ord. MC-930, 1-9-95)
]5.25.030 Scope.
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing
four or more units on a single parcel. (Ord. MC-930, 1-9-95)
]5.25.040 Annual Inspection Required.
A. Pursuant to California Health and Safety Code Section 13146.2, any multi-family rental
housing complex containing four or more units on a single parcel shall be subject to an annual
inspection of the interior and exterior by the Fire Marshal for compliance with applicable
sections of state and local fire codes relating to housing, building and property maintenance.
B. The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing
complex at least three weeks before the scheduled annual inspection. The owner(s) of the
multi-family rental housing complex shall give written notice to all tenants at least one week
before the scheduled annual inspection.
C. The owner(s) of the multi-family rental housing complex shall pay a fee to the City, in an
amount set by Resolution of the Common Council, sufficient to pay the costs of the Fire
Marshal's annual inspection pursuant to this Chapter.
Any owner(s) of a multi-family rental housing complex who fails to permit the annual
inspection by the Fire Marshal pursuant to this Chapter, shall be guilty of an infraction or
misdemeanor punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
')
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II
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13
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15
16
17
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20
21
22
23
24
25
26
27
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2
E. Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for
the costs of the Fire Marshal's annual inspection pursuant to this Chapter, shall be guilty of
an infraction punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
3
15.25.050 Administrative Citations
4
5
6
7
8
Where the Fire Marshal's annual inspection pursuant to this Chapter identifies a violation( s) of state
or local fire codes relating to housing, building, or property maintenance, the Fire Marshal may issue
an administrative citation to the property owner(s) in accordance with San Bernardino Municipal
Code Chapter 9.92.
15.25.080 Enforcement-Public Nuisance.
9
It shall be considered a public nuisance to have or maintain any rental property which fails to comply
with state and local laws as they relate to fire codes, housing standards, property maintenance,
building codes or local zoning requirements. The Fire Marshal shall have the power to require
correction of violations identified through the annual inspection by using the procedure set forth in
the California Fire Code Article I and Chapter 8.30 of the San Bernardino Municipal Code. (Ord.
MC-930, 1-9-95).
15.25.090 Enforcement-Alternatives.
A. Nothing herein shall prevent the enforcement of this Chapter by criminal, civil or
administrative actions either undertaken individually or in conjunction with other remedies.
B. The enforcement of this Chapter by a criminal, civil or administrative action shall not relieve
the property owner of his or her obligations under this Chapter. (Ord. MC-930, 1-9-95).
III
III
III
III
,
c
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I
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF
THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE MULTI-FAMILY
RENTAL HOUSING FIRE INSPECTION PROGRAM.
2
3
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the _
5
day of
, 2004, by the following vote, to wit:
6
7
NAYS
COUNCIL MEMBERS: A YES
ABSTAIN ABSENT
ESTRADA
8
9
LONGVILLE
MCGINNIS
10
II
DERRY
KELLEY
12
JOHNSON
13
14
15
16
17
MC CAMMACK
Rachel Clark, City Clerk
18
The foregoing Ordinance is hereby approved this _ day of
,2004.
19
20
21
22
Judith Valles, Mayor
Approved as to form
23
and legal content:
24
25 JAMES F. PENMAN, City Attorney
26
27
28
i-~ -; t-~
A
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Attadunent A
AssumDUOnS Total Units Number of COIIlplexn Revenue
Q~~ 4 Units) 2185 218514= 541 $103,737
AP8rtments 5 .14 Units) 2835 2835Ill = 315 $88.154
Apartments 15.40 Units) 2837 2837128 = 101 187,788
Apartments 41 + Units) 8263 8283f41 8SSUIRJlIIOIl) =201 $207,170
Total Revenue $478,847
Note: These fees predicated upon 1st and 2nd inspections.
Remaining fees are delineated on attachment B.
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Attachnent C
C 4-8 $191.75
9-13 $311.60
14-18 $431.45
19-23 $551.30
24-28 $671.15
29-33 $791.00
34-38 $910.85
39-43 $1.030.70
44--48 $1.150.55
49-53 $1.270.40
54-58 $1.390.25
59-63 $1.510.10
64-68 $1.629.95
69-73 $1.749.80
74-78 $1.869.65
79-83 $1.989.50
84-88 $2.109.35
89-93 $2.229.20
94-98 $2.349.05
99-103 $2.468.90
104-108 $2.588.75
109-113 $2.708.60
114-118 $2.828.45
119-123 $2.978.30
0 124-128 $3.068.15
129-133 $3.188.00
134-138 $3.307.85
139-143 $3.427.70
144-148 $3.547.55
149-153 $3.667.40
154-158 $3,787.25
159-163 $3.907.10
164-168 $4.030.31
169-173 $4.146.80
174-178 $4.270.21
179-183 $4.390.16
184-188 $4,506.35
189-193 $4,626.20
194-198 $4,746.05
199-203 $4.865.90
204-208 $4,987.83
209-213 $5,105.60
214-218 $5.225.45
219-223 $5,345.30
224-228 $5,465.15
229-233 $5,585.00
234-238 $5,704.85
239-243 $5.824.70
0 244-248 $5,944.55
249-253 $6.064.40
254-258 $6.184.25
259- $6.208.22
.
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Survey of Rental Housing Inspection Fees
Attachment D
Citv Insnection Fee
Albany $50 3-5 units to $1000 for over 200 units
Azusa $45 plus $8 per unit
Berkeley $41.5 per 1/4 hr
Big Bear $121 (home rentals)
Milpitas $98 per hour
Pasadena $16 per unit plus 3% administrative fee
Santa Ana $70 per unit (inspect 25% of rental units annually)
San Carlos $45 per building $4 per unit annually
San Jose $5 per address
San Pablo $175 per building plus $25 per unit
Santa Clara $5 per unit annually
Santa Fe Springs $85 per unit annually
Santa Monica $60 per year per complex
0-3 units $30; 4-12 units $60; 13- 20 units $120; 21-30
Union City units $180; 30 or more units $250
Other Cities Contacted/No Prol!ram:
Chino
Colton
Fontana
Ontario
Pomona
Rancho Cucamonga
Redlands
Riverside
City Administrator's Office 6/29/2004
~
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\o!'~K .
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:**.:F~R OFFICE USE ONLY _ NOT.A PUBLlC'DOCuMENT*~~C A
. ".~#~"1{ .. ~~:,:'~~~fjrp..: ::~':~~[~F:-' ~;~;~~~.';:<- .. '?}~r~'~?::~.,~:' :~::.;,:.~t~~~r'_~~~;.Y;tP?~::. .
.'..:".< '"CITY OF SAN BE'RNARDINO:CITv ClERK's6FFlcE''::~i~.~--~,,::, '., : ,:
...,... RECORDS'" INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: }- 19 - 0 l.f
Resolution/9rd~ce No. ;t1c - //7b
Effective Date: \? - (<7 - oC;
Item No. /7
Ordinance Urgency: Yes
Termination/Sunset Date:
~
d
Vote:
Ayes:
Abstain:
1)~~~7
-er
7-;).0 -0<(
7- 22.-0'(
7-:20-0,-/
Nays:
Absent:
de,
+
Meeting Type:
Continued Fro
Date Returned from Mayor: 7- 22 -0,/
Date of Clerk's Signature: 7 - 22 -0'(
Date Summary Returned from Attorney:
7/2. 0v
/ I' I
Date Seal Impressed:
Date Sent for Signature: To Whom: / .
Expiration Date: ./ J Date Returned:/ /'
Copies Distributed To: ~ ~:x:;;- q< &.x. e.h. '. ;z.-~,
h '. ././
/
{Jr?o-: (' t7/)A'..~
Exhibits Complete'" Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action'" Staff Report Atta~hed: I Yes
Notes: j~.J;-t! /~~ - ILl-210M
. I 1_
No
Ready to File:
Date:
DOCUMfNT lOCA11OH:
fOM6'AItfIda.... TIadUnt: fonft..cc forni No. 111 ~lMt ~ lV1M11996
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San Bernardino City Fire
Department
Mayor and Council Study
Session
July 6. 2004
Presentation Overview
Fire Department Emergency Response Standards Committee
recommendations.
Emergency call volume.
Emergency call volume managementlEmergency Medical
Dispatching.
County island contract: Call volume and impact.
Apparatus replacement schedule.
Recommendations
Fire Department Emergency Response
Standards Committee Recommendations
Committee Established in 1998
Adopted standards and recommendations in May of
2000
Dispatch processing time: 60 sec. or less, 90% of all calls
Turnout time: 60 sec. or less on 90% of all calls
Drive time: 5 min. or less on 90% of all calls
Implement an Emergency Medical Dispatch system to
manage the call volume.
Fire station siting:
- Open new Fire Station in Verdemont Area
- Relocate four fire stations from their current locations to more
efficient locations.
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Call Load
As call volume increases,
the quality of service is impacted
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Calls for Service by Geographic Oistrk:12003
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Percent of Total Call Volume by District
22.588 EMS Calls for 2003
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How often we achieve a 5 min. (or less)
drive time standard
When the unit in that district is available
and responds
How often we achieve a 5 min. (or less)
drive time standard
How often are units NOT
available to take calls?
(Already on other calls)
4
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ME227 goes on an EMS call
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How do we deal with it??
. Add more resources to meet the call volume.
OR
. Manage the call load to meet the resources.
OR
Both
First Step. . .
Manage the call load to meet the resources
- Emergency Medical Dispatching
- Look at reducing contractual responsibilities.
San Bernardino City Fire
Department
Emergency Medical Dispatch
Program
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Emergency Medical
Dispatch
,
C-Becalf-, ~eempt I '-"route I QnSet".: I Altlosp I~~~
uit 'l1lrJ Event . DAk'e. s .... . 0
: ~ RMAHIll 0 FSlll9 26AOZ FO' STOol 2898 N G 5T . SOO
: ?HE223 0 F5189 26A02 FO' STOol 2898 K G 8T ,880
')T221 1 F5188 26AO! F01 STOl 480 K MTN VIEW AV ,580
HF?:iO 0 F51BB 261l.01 F01 STOl 480 N Ml'N VIEW AV . SDO
?AMR4" 1 FS1B8 26Ml F01 STOl 480 N Ml'H VIEW AV ,sao
HE22] 1 FS181 12Ml F01 5TOl 128 W 8TH 8T ,SBO
?AHR3" 1 FS181 12AOl F01 STOl 128 'Ill 8TH ST ,5BO
ur119 1 FS186 26AOl FO' ST09 2471 W 8T ElHO DR ,880
'IN-tRl'' 2 F51B6 26Ml FO' ST09 2411 W 8T ElHO DR , SilO
_MEllfi 10 F5185 21001 FO' 5T06 5620 BONNIE 5T ,SHC
.....,- " F5185 21B01 FO' 5T06 5620 BOMHIE 5T ,sac
Unit Tia Evftnt . DAre." Ita- Loe.ir.UOQ
t>ME'" 39 F51BO PREY F01 BTOl DEL ROSA AREA
! >ME'24 i. FS183 ADHDt FO, ST04 STA 221 EQUIPMENT
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Call Type Breakdown
. Alpha Calls II %
. Bravo Calls 21 %
. Charlie Calls 12%
. Delta Calls 54%
. Echo Calls 2%
Is it Really Working??
Between September I, and December 31, 2002,
over 100 specific incidents were tracked where an
"Alpha" call in one district was followed by a
"Delta" call in the same district within the hour.
What it means. . .
The closest SBFD ALS units were available to
respond to signi ficant medical emergencies,
where they would not have been without the use
of priority dispatching
Managing the Call Load to Meet
the Resources
Reducing contractual responsibilities:
San Bernardino County Islands Contract
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Respollselo County Island Bl1Iakdown 2003
by response district
l.lXXl 1.500 2,(0) 2,S)) 3.000 3.500 4,CIXI MOO
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San Bernardino City Fire
Department
An Overview of the Apparatus Replacement
Program (A.R.P.) and Proposal for the
Future
SBFD Apparatus Replacement
Program
It is important to understand the following:
. The evolution of the A.R.P.
. Current status of the A.R.P.
. Future of the A.R.P.
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THE A.R.P. EVOLUTION
Prior to 1998 - No formal apparatus
replacement program in place
THE A.R.P. EVOLUTION
The result of no formal A.R.P. in place
was an apparatus fleet that was simply
unreliable and economically inefficient
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THE A.R.P. EVOLUTION
1998 - Adopted the following program:
(Resolution 98-130)
ENGINES
12 years front line service
4 years reserve status
THE A.R.P. EVOLUTION
Ladder Trucks & Specialty Apparatus
15 years front line service
5 years reserve service
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THE A.R.P. EVOLUTION
The A.R.P.'s critical components are based on
the following 3 factors:
. Years of service
. Mileage
. Technological changes
THE A.R.P. EVOLUTION
Years of Service, Mileage and Technological
Factors
At the time of the A.R.P.'s acceptance the
estimated years of front line service was
calculated to be 12 years for the engines and
15 years for the others
THE A.R.P. EVOLUTION
Years of Service, Mileage and Technological
Factors
The time frame for front line service is not
driven by years alone. Mileage is a critical
factor.
Mileage = 100,000 approx.
14
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THE A.R.P. EVOLUTION
Years of Service, Mileage and Technological
Factors
Technological advances can greatly
influence the need for replacement.
Emission control standards, parts
replacement, computer diagnostics, etc.
SO WHAT'S THE
PROBLEM?
rOo"
1'-
~
YEARS TO MILEAGE
RATIO
. Based on our current A.R.P. the years and
mileage ratio becomes a liability problem
that is exponential.
. Increase in call load during the last 5 years
will result in an apparatus engine fleet that
will duplicate the previous problems
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YEARS TO MILEAGE
RATIO
. Additionally, the increase in call load means
"hard miles". No freeway driving. Start and
stop, heavy acceleration and braking
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THERE IS NO OPTION FOR
THE SBFD APP ARA TUS FLEET
We respond to approximately 72 calls daily.
The fleet has to be reliable. There is no
option or substitute
ESTIMATED APPARATUS
SITUATION
Years - Front line service at 12 years
Mileage - 163,122 miles as an average
(This is based on rotating engines)
. Technological Advances - Definitely have
changed. These changes can be tremendous cost
saving issues for a preventative maintenance
schedule
ESTIMATED APPARATUS
SITUATION
Additional issues that will develop
. Engine hours - 13,536
. Pump hours -710
Both of these are significantly higher than the
surveys conducted of comparable fire
departments.
17
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.... 4\"[RA(<1: Mlu:A,GIt .~ l'KW.xifDMlu:A.GDi
lit...!)' M_" A.o_~"", ,,~ ""-. ,.\..... .,~ 1..\,.." 11-\'.."
flU .~ 14-411 ...- ,,,.. -~ ,,~ ll~~ ,wn I1nu
"" -~ 1.,t1 ".... n~ ._, _w" ,,- 147_ I17UI
"" II~ um ,..- ".116 111.~' m" m.., ~" --
"" un ,w, ...- ~. ~ 11M)) u_ It.lHI ~.
". .W 11.~1l -..- ,,~ I~.I 11$14 - IMIM ~-.
". _. ,,~ ".... "JIJ 117111 ,,- '6l'1tl 17". 1I"1~1
". ., 111.... ".... ." ." ~_I~1 - IIJ.\~ --
~ ,W U7!'l1 ".... ",. 7~U M_ ... Ill~n I!\.-
,," - II~I -..- 51111 ..11.1.10 .- II_I 1l!'to1.l .mn
.~ I'U I1ld ".... !l'l11l ".\1U -. .-. II~U ~n
m' .. Ill.. ".... - ''',.\.1 lun "'''1 111_ '4IUI
ESTIMA TED APPARATUS
SITUATION
The simple fact is that the SBFD is extremely
busy and this affects the life of a fire engine
in more than one way
SO WHERE DO WE GO FROM
HERE?
. We have no choice but to revise the
replacement schedule
. Adjust the A.R.P. to 8 years for engines
. Adjusting the A.R.P. to 8 years will align
years and mileage.
18
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AVERAGE MILEAGE OVERALL
Annually 8- Year Projection
13594
108,752
19
AVERAGE ENGINE HOURS
OVERALL
Annually 8- Year Projection
1128 9024
AVERAGE PUMP HOURS OVERALL
Annually
8- Year Projection
59
472
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WHAT IS A POTENTIAL
FUNDING MECHANISM TO
CHANGE THE A.R.P.?
. Rollover of existing Apparatus lease
agreements. (This is a combination of
COBG & General Fund)
. Continuation of San Manuel Band of
Mission Indians contractual relationship
APPARATUS LEASE SITUATION
. COBG Loan for $1,509,422
- (7 Engines & I Ladder)
- Final Payment of$377,355 due 11/01/06.
- Loan originally began 12/11/98
. COSO Loan for $663,758
- (3 Wildland & I Engine)
- Final Payment of $217,758 due 04/29/08
- Loan originally began 04/29/00
APPARATUS LEASE SITUATION
. COBG Loan for $1,111,383
- (I Air/Light, 2 Wildland, I Rescue)
- Final Payment of$138,923 due on 09/01/10
- Loan originally began 12/20/01
. COBG Loan for $534,159
- (I Engine & Ancillary Equipment)
- Final Payment of $26,708 due on 10/01/13
- Loan originally began 09/05/03
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APPARATUS REPLACEMENT
SITUATION
. Replacement of two water tenders
. Ladder Truck will be due for replacement in
2007. (San Manuel Contract)
. 7 engines will be due for replacement (8
years) in 2007. (CDBG )
APPARATUS REPLACEMENT
SITUATION
. Four engines will be due for replacement in
2008. (General Fund or ?)
. The rest of the fleet is expected to meet the
time frame and mileage considerations at 15
years. (Replacement in 2014)
Recommendations
. Reconvene Fire Department Planning
Standards Ad Hoc Committee to review and
make recommendations to mayor and
council regarding:
- The concept of adopting individual district
standards.
- The county islands contract's impact on service
delivery.
- The apparatus replacement program (ARP).
,
.
21