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Home My WebLink About04 - A Report Made by the Fire Marshal Regarding Compliance with the Annual Inspection of Certain OccupanciesQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report March 10, 2026 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net PREPARED BY: James Gillespie, Fire Marshal - 949-644-3354, jgillespie@nbfd.net TITLE: Resolution No. 2026-17: A Report Made by the Fire Marshal Regarding Compliance with the Annual Inspection of Certain Occupancies ABSTRACT: Senate Bill (SB) 1205 amended the California Health and Safety Code to expand reporting on mandated annual fire and life safety inspections. Prompted by the tragic "Ghost Ship Fire," in 2016, the legislation requires fire departments to report their compliance with health and safety codes related to annual inspections of hotels, motels, lodging houses and apartment buildings by way of City Council resolution. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2026-17, A Resolution of the City Council of the City of Newport Beach Acknowledging Receipt of a Report Made by the Fire Marshal of the City of Newport Beach Fire Department Regarding Compliance with the Annual Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. DISCUSSION: California Health and Safety Code Section 13146.4, established by SB 1205, requires all fire departments providing fire protection services to annually report to their administering authority confirming compliance with Sections 13146.2 and 13146.3. These existing sections mandate annual building standard inspections for every building used as a public or private school, hotel, motel, lodging house, apartment house, as well as certain residential care facilities. The Newport Beach Fire Department, through its fire prevention Resolution No. 2026-17: A Report Made by the Fire Marshal Regarding Compliance with the Annual Inspection of Certain Occupancies March 10, 2026 Page 2 division, completes these inspections annually and is reporting 100% compliance for all identified facilities for the period of January 1, 2025, through December 31, 2025. FISCAL IMPACT: There is no fiscal impact related to this item. Annual inspections are already regularly conducted by staff, and the City of Newport Beach bills each identified facility for the required inspection based upon the City's established Schedule of Rents, Fines and Fees. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2026-17 Attachment A RESOLUTION NO. 2026- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE MARSHAL OF THE CITY OF NEWPORT BEACH FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE ANNUAL INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, Sections 13146.2 and 13146.3 of the California Health and Safety Code ("Health and Safety Code") require all fire departments that provide fire protection services, including the Newport Beach Fire Department ("NBFD"), to perform annual inspections in certain buildings pursuant to Sections 13146.2 and 13146.3, including those used as public or private schools, hotels, motels, lodging houses, apartment houses, and certain residential care facilities in the City for compliance with building standards, as provided in the California Building Code ("Building Code"); WHEREAS, Health and Safety Code Section 13146.4 requires every city or county fire department or district that provides fire protection services to report annually to their administering authority on their compliance with Health and Safety Code Sections 13146.2 and 13146.3; WHEREAS, the City Council has received the report prepared by the NBFD Fire Marshall regarding compliance with the annual inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the Health and Safety Code; and WHEREAS, this Resolution fulfills the requirements of Health and Safety Code Section 13146.4 regarding acknowledgement of the NBFD's compliance with Health and Safety Code Sections 13146.2 and 13146.3. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. 2026- Page 2 of 3 Section 1: The City Council does hereby acknowledge the compliance of the Newport Beach Fire Department with Health and Safety Code Sections 13146.2 and 13146.3 for the time period of January 1, 2025 to December 31, 2025, in the following required areas: • Applicable Group E occupancies, as defined in Title 24, Section 305.2 of the Building Code. The Newport Beach Fire Department completed 100 percent of the annual inspections of the applicable Group E occupancies, buildings, structures, and/or facilities in the City. • Applicable Group R occupancies, as defined in Title 24, Section 310 of the Building Code. NBFD completed 100 percent of the annual inspections of the applicable Group R occupancies, buildings, structures, and/or facilities in the City. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2026- Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of March, 2026. Lauren Kleiman Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE -'�" ( - ff C.- A ro C. Harp City Attorney