HomeMy WebLinkAbout2026-17 - 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 HealthRESOLUTION 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. 2026-17
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. 2026-17
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:
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Lena Shumway
City Clerk
APPROVED AS TO FORM.
CIT ATTORNEY'S OFFICE
C.
aron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; the foregoing Resolution No. 2026-17 was
duly adopted by the City Council of said City at a regular meeting held on the 10th day of March, 2026, by
the following vote, to wit:
AYES: Mayor Lauren Kleiman, Mayor Pro Tern Noah Blom, Councilmember Michelle Barto,
Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 11th day of March, 2026.
Lena Shumway
City Clerk
City of Newport Beach, California