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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 _ 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