HomeMy WebLinkAboutItem No. 21 - Ratify and Accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 20-01
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 17, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Ratify and Accept the San Bernardino County Fire Protection
District Ordinance No. FPD 20-01
Recommendation
Adopt Resolution No. 2020-140 of the Mayor and City Council of the City of San
Bernardino, California, to ratify and accept the San Bernardino County Fire Protection
-01, which amends and adopts the 2019
Edition of the California Fire Code, known as California Code of Regulations, Title 24,
Part 9, based on the 2018 Edition of the International Fire Code.
Background
As a result of LAFCO annexation proceedings, the District assumed control of the City
e California Building
Standards Commission publishes updated regulations in Part 9 of the California Code of
Regulations, Title 24, which pertain to fire safe building standards. Local agencies are
required to adopt the updated regulations, but may also make local amendments as
necessary in the ordinance adopting these regulations. On December 4, 2019, the
Mayor and City Council adopted the 2019 California Building Codes. The adoption of
the California Fire Code by the City Council will complete the adoption of all of the
California Code of Regulations.
Discussion
The District has adopted the 2019 Edition of the Fire Code, known as the California
Code of Regulations, Title 24, Part 9, along with the appendices and amendments
thereto. Pursuant to Calif
Fire Code Ordinance cannot take effect until the municipalities in which the Ordinance
jurisdiction,
comments from the City Attorney have been received and incorporated into the
proposed Resolution.
2020-2025 Key Strategic Targets and Goals
Adoption of the attached resolution aligns with Key Target No. 3: Improved Quality of
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Life. Specifically, the ratification of the County adopted Fire Code helps preserve the
public health, safety and welfare.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-140, ratifying and accepting the San Bernardino
County Fire Protection District-01, which amends
and adopts the 2019 Edition of the California Fire Code, known as California Code of
Regulations, Title 24, Part 9, based on the 2018 Edition of the International Fire Code.
Attachments
Attachment 1 Resolution No. 2020-140
Attachment 2 San Bernardino County Fire Protection District Ordinance No. FPD
20-01
Ward: All
Synopsis of Previous Council Action:
December 4, 2010 Mayor and City Council of the City of San Bernardino adopted the
2019 California Building Codes as prescribed by the State of
California.
Page 2
RESOLUTION NO. 2020-140
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING THE FIRE CODE ADOPTED BY THE SAN
BERNARDINO COUNTY FIRE PROTECTION
DISTRICT
WHEREAS, the San Bernardino County Fire Protection District
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 and
receives fire protection services from the District; and
WHEREAS, on January 28, 2020, the District held a public hearing and adopted
Ordinance No. FPD 20-01 9
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
WHEREAS, the City Council of the City of San Bernardino
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 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 City Council desires to ratify the District Fire Code Ordinance; and
WHEREAS, the City Council wishes to delegate the enforcement of the District Fire
.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated herein.
SECTION 2. Ratification. The City Council 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. Enforcement. 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
limits, 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. Filing. The City Clerk is hereby 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 5. The 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 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 upon adoption.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and
attested by the Acting City Clerk this 17th day of June, 2020.
________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
_______________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the day of
, 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this day of
, 2020.
Genoveva Rocha, CMC, Acting City Clerk