HomeMy WebLinkAboutS1- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
hanie D. Easland Subject: Ordinance � Section 15.16.060
From: q MV Cie Attorney ,� of the San a-rnardiro.�ciW Code
�1 PED relati� � the Granting of P Lioe
Dept: City Attorney A;: - Powt'rs to mmbers of the Fire
Department
Date: October 21, 1997
Synopsis of Previous Council action: On November 4, 1996, Council adopted 'C-984 which adopted
the 1994 Uniform Fire Code as amended.
Recommended motion: That laid ordinance -be- laid over for final adoption.
Signature
Contact person.
—Stephanie D. Easland, Deputy City Attorney Phone: (909) 384-5355
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Supporting data attached:
Yes Ward: N/A
FUNDING REQUIREMENTS: Amount: N/A
Source:
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Ordinance Laid Over --
/ �/
7--
Agenda Item No. S —
75•0262
yr oAn arannAnulnv — HP-QUEST FOR COUNCIL ACTION
STAFF REPORT
Currently, San Bernardino Municipal Code §15.16.060, which amends 103.2.1.2 of the
Uniform Fire Code, designates as peace officers the Fire Chief and members of the Fire Prevention
Bureau, i.e., Fire lnvestigator, Fire Marshal, and Fire Prevention Officers. Fire captains that serve
as part-time fire investigators are not designated as peace officers. However, if the City wants to
authorize these part-time investigators to carry firearms while performing their investigative duties,
a problem arises since Penal Code §830.37 states that fire department personnel may carry firearms
only if they are designated as peace officers and authorized to carry firearms by their employing
agency.
The amended ordinance corrects this problem by using the language used in Penal Code
§830.37 to designate as peace officers, in addition to full-time arson investigators, those members of
the fire department whose primary duty is the enforcement of laws relating to fire prevention or fire
suppression. This amendment is necessary to comply with a recent Attorney General Opinion that
concluded part-time arson investigators meet the standard for being a peace officer only if their
employing agency authorizes them to act as peace officers while performing their primary duties of
fire prevention and fire suppression. (80 Cal.Ops.Atty.Gen. 100 (1997)). This Attorney General
Opinion was requested by the City Attorney's office through Assemblyman Bill Leonard.
An additional problem exists with the current §15.16.060 in that it grants the power to issue
citations and make arrests to fire personnel who are not currently designated as peace officers. The
amended ordinance remedies this problem by designating fire prevention and fire suppression
personnel as peace officers using the language contained in Penal Code §830.37, i.e., those members
of the fire department whose primary duty is the enforcement of laws relating to fire prevention or
fire suppression. This will allow those persons designated in the code section to cite and arrest
persons upon completion of appropriate peace officer training.
75.0254
1 ORDINANCE NO. i
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.16.060 OF THE SAN BERNARDINO MUNICIPAL CODE GRANTING POLICE
3 POWERS TO CERTAIN MEMBERS OF THE FIRE DEPARTMENT.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
5
SECTION 1. Section 15.16.060 of the San Bernardino Municipal Code is amended to
6
read as follows: !
7
"15.16.060 Police Powers
8
Section 103.2.1.2 of the Uniform Fire Code is amended to read as follows:
9
103.2.1.2: The Fire Chief,each member of an arson investigating
10
11 unit whose primary duty is the detection and apprehension of persons who
12 have violated any fire law or committed insurance fraud,and each member
13 of the Fire Department whose primary duty is the enforcement of laws
relating to fire prevention or fire suppression, are designated as peace
14 �
15 officers as defined in Section 830.37 of the Penal Code while performing
_16 their duties under this code. f
17 It is the duty of. and the following persons are hereby authorized
to enforce the provisions of this code and make arrests and issue citations
18
as authorized by law:
19
1. Fire Chief, Deputy Chief, Fire Marshal, Battalion Chiefs, Full-
20 I
21 Time and Part-Time Fire Investigators, Fire Suppression Personnel and
Fire Prevention Officers.
22
23 2. Such other officers or employees of the City of San Bernardino
24 as may be recommended by the Fire Chief and approved by the Mayor and
Common Council.
25
26 When requested to do so by the Fire Chief, the Chief of Police is
27 authorized to assign such available police officers as necessary to assist
28 the fire department in enforcing the provisions of this code."
1
z
r
I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.16.060 OF THE SAN BERNARDINO MUNICIPAL CODE GRANTING POLICE
2 POWERS TO CERTAIN MEMBERS OF THE FIRE DEPARTMENT.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof,held on the day
5 of . 1997,by the following vote,to wit:
6 Council Members: AYE NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 ARIAS
10 OBERHELMAN
11 DEVLIN
12 ANDERSON
13 MILLER
14
15
-16 RACHEL CLARK,City Clerk
17
The foregoing Ordinance is hereby approved this day of , 1997.
18
19
20 TOM MINOR, Mayor
City of San Bernardino
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26 By:
27 �
28
2