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HomeMy WebLinkAboutMINUTES - 04182000 - D2 TO: BOARD OF SUPERVISORS nr FROM: KEITH RICHTER, Chief, Contra Costa Fire Protection District Costa DATE: April 18, 2000 County SUBJECT: FIRE AGENCIES' REPORT ON SMOKE DETECTOR PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION - RECOMMENDATION: CONSIDER report from the County fire agencies concerning what measures are both available and capable of being implemented to improve fire safety and prevent fire deaths. BACKGROUND: On March 7, 2000, the Board of Supervisors requested that 1)the fire agencies meet to examine the level of fire safety available countywide and explore methods of preventing fire deaths, 2) County Counsel and the fire agencies explore the question of appropriate ways to inspect residential dwellings for the presence of smoke detectors, 3) the fire agencies continue and expand existing smoke detector installation programs and other fire and life and property protection safety devices, and 4) the fire agencies explore the distribution of and availability of devices to enhance fire safety. The attached report includes the measures both currently available and capable of being implemented in the County to improve fire safety and help prevent fire deaths through smoke detector placement. CONTINUED ON ATTACHMENT: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOAR t1� i APPROVE AS RECOMMENDED R VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN _UNANIMOUS(ABSENT ,?.70.4e, } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED CONTACT:KEITH RICHTER(925)930-5501 PHIL DATCHELOR,CLEKK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: FIRE PROTECTION DISTRICTS COUNTY COUNSEL COUNTY ADMINISTRATOR BUILDING INSPECTION DEPARTMENT ;' BY EPUTY Contra Costa County' .Fire Protection District Fire Chief KEITH RICHTER POSITION PAPER - FIRE AGENCIES REPORT ON SMOKE DETECTOR PROGRAM Issue - On March 7, 2000, Supervisor Gayle Uilkema requested from the Contra Costa County fire agencies information concerning the prevention of residential fires and to increase the level of fire safety throughout the county. This request consisted of four points: 1) request bre agencies in Contra Costa County to meet to examine the level of bre safety available county wide and explore methods of preventing fire deaths, 2) refer to County Counsel and fire agencies the question of appropriate ways to inspect smoke detectors or inspect residential dwellings for the presence of smoke detectors, 3)the continuing and expansion of smoke detector installation programs and other fire and life and property protection safety devices, and 4) explore the distribution of and availability of devices to enhance fire safety. The Supervisor requested the county fire agencies to report to the Board of Supervisors at the April 18, 2000 meeting. This report includes the measures both currently available and capable of being implemented in the county to improve fire safety and help prevent fire deaths through smoke detector placement. Analysis - The Health and Safety Code, Section 13146(b) states that the Chief of any city or county fire department or of any fire protection district, and their authorized representatives, shall enforce within its jurisdiction the building standards and other regulations of the State Fire Marshal (with some exceptions). Health and Safety Code, Section 17821 (b) states that the State Fire Marshal shall adopt, amend and repeal other rules and regulations for fire and panic safety in all hotels, motels, lodaing houses, apartment houses and similar such dwellings. These building standards and regulations shall be enforced pursuant to Sections 13145 and 13146; however, this section is not intended to require an inspection by a local fire agency of each single-family dwelling prior to its occupancy. That inspection is the responsibility of the local building official. The Health and Safety Code goes on to state (Section 13146.2) that every city or county fire department or fire district providing fire protection services required by Sections 13145 and 13146 enforce building standards adopted by the State Fire Marshal and other regulations of the State Fire Marshal shall, annually, inspect all structures subject to (b) of Section 17821, except single family dwellings, for compliance with building standards and other regulations of the State Fire Marshal. Section 13113.7 of the Health and Safety Code addresses the requirement for a smoke detector, approved and listed by the State Fire Marshal, to be installed in accordance with the manufacturer's instructions, in each dwelling intended for human occupancy. "Dwelling units !l 2010 GEARY ROAD • PLEASANT HILL, CALIFORNIA 94523-4694 • TELEPHONE (925) 930-5500 • FAX 930-5592 ® 4527 DEERFIELD DRIVE • ANTIOCH, CALIFORNIA 94509 • TELEPHONE (925)757-1303 • FAX 754-8652 WEST COUNTY AREA + TELEPHONE (510)374-70670 C3 intended for human occupancy", as used in this section, includes duplexes, lodging houses, apartment complexes, hotels motels condominiums -or-dwellina units of a multiple-unit dwelling complex. Other provisions of law govern single family dwellings and the Uniform Building Code has long required the installation of smoke detectors in these residential properties. In 1994, the California Building Code (for new construction) expanded the smoke detector placement requirements to include smoke detectors placed in all sleeping rooms and added that detectors shall be powered by "house" power and provided with battery back up. The Building Code also requires that with interior remodels in excess of$1000.00, smoke detectors be placed in accordance with the currently adopted code provisions. (These detectors may be battery operated). When considering the inspection of smoke detectors, it is important to remember that a smoke detector tested on one day may not operate the next day. Detectors are easy to remove and detector malfunctions are largely attributed to the removal of batteries. Also, a detector 10 years or older has likely exceeded its life expectancy and does not operate at the same sensitivity level as it was originally designed and listed. Because law limits fire agencies in their ability to inspect private residences, the fire agencies have established residential smoke detector programs. These programs include public education and detector placement and testing. All fire departments within Contra Costa County have public education programs. The majority of fire departments have smoke detector placement programs, with most programs relying on contributions (funding and devices) from private business and non-profit organizations. U:1SRMGRS\KRISMKDET.004 SMOKE DETECTORS SUMMARY OF REQUIREMENTS IN MULTI-UNIT DWELLING COMPLEXES Health & Safety Code Section 13146(b) states that the Chief of any city or county fire department or of any fire protection district, and their authorized representatives, shall enforce within its jurisdiction the building standards and other regulations of the State Fire Marshal, with some exceptions. Health & Safety Code Section 17921(b) states that the State Fire Marshal shall adopt, amend, and repeal other rules and regulations for fire and panic safety in all hotels motels lodging houses, apartment houses and similar such dwellings. These building standards and regulations shall be enforced pursuant to Sections 13145 and 13146 however, this section is not intended to require an inspection by a local fire agency of each single-family dwelling prior to its occupancy. That inspection is the responsibility of the local building official. Health & Safety Code Section 13146.2 states that every city or county fire department or fire district providing fire protection services required by Sections 13145 and 13146 to enforce building standards adopted by the State Fire Marshal and other regulations of the State Fire Marshal shall, annually, inspect all structures subject to subdivision (b) of Section 17921, except single-family dwellings, for compliance with building standard and other regulations of the State Fire Marshal. Health & Safety Code Section 13145 provides the fundamental enforcement authority and states "the State Fire Marshal, the chief of any city or county fire department or district providing fire protection services, and their authorized representatives, shall enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the State Building Standards Code and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic." Health & Safety Code Section 13113.7 addresses the requirement for a smoke detector, approved and listed by the State Fire Marshal, to be installed in accordance with the manufacturer's instructions, in each dwelling- intended for human occupancy. Such detectors may receive their power from the electrical system of the building, or may be battery-operated. "Dwelling units intended for human occupancy,,, as used in this section, includes a duplex, lodging houses, apartment complex, hotel motel, condominium or dwelling unit ofa multiple-unit dwelling complex. Manufactured homes, mobilehomes, and similar structures are not included, as they more-nearly resemble features and characteristics associated with single-family dwellings. Other provisions of law govern these occupancies and since 1976 edition of the Uniform Building Code have required eD a 21 installation of smoke detectors in all new single-family dwelling construction. The local fire agency, however, has no jurisdiction, nor are there any laws or regulations which address any subsequent inspection of these detectors once installed. Legislation passed in the early 1980s began to require installation of smoke detectors when a certain amount of remodeling to a home occurred, and in 1986 laws were passed which required detectors at the time a property was sold. For multi-unit dwelling complexes, i.e. those containing dwelling units intended for human occupancy, the local fire agency has jurisdiction for annual inspection (via Health & Safety Code Section 13146.2) but it is limited to public areas, such as corridors, exterior exit balconies, and common stairwells. These limitations are related to fundamental constitutional provisions associated with private property and "right-of-entry" issues. Health & Safety Code Section 13113.7(c) requires that the property owner of each such dwelling unit shall supply and install smoke detectors in the locations and in the manner set forth in the manufacturer's instructions, as approved by the State Fire Marshal's regulations Health & Safety Code Section 13113.7(e) states that the property owner shall be responsible for testing and maintaining detectors in hotels motels lod in houses and common stairwells of apartment complexes and other multiple dwelling complexes. An owner or the owner's agent may enter any dwelling unit, efficiency dwelling unit, guest room, and suite owned by the owner for the purpose of installing, repairing, testing, and maintaining single station smoke detectors required by that section. Except in cases of emergency, the owner or owner's agent shall give the tenants of each such unit, room, or suite reasonable notice (typically 24 hours) in writing of the intention to enter and shall enter only during normal business hours. The smoke detector shall be operable at the time that the tenant takes possession of an apartment. The apartment complex tenant shall be responsible for notifying the manager or owner if the tenant becomes aware of an inoperable smoke detector within his or her unit. The owner or authorized agent shall correct any reported deficiencies in the smoke detector. Every single-family dwelling and/or factory-built housing (as defined in H & S C Section 19971) which was sold on and after January 1, 1986, was required to have an operable smoke detector. A battery-operated smoke detector shall be acceptable to satisfy this requirement, and, a disclosure statement shall be included in the documentation of the real estate transaction. T:U-RT\SmokeD*tector-H&sCRequirements-Apartments.004 Date. TO: Subject. Dear Property Owner: County records list you as the owner/representative of multiple-residential property located at the above subject address. Section 13146.2(x) of the Health and Safety Code requires the Fire district to inspect all multiresidential buildings annually to insure compliance with the State Fire Marshal's regulations. Your building will be inspected this year and every year hereafter. Contra Costa County Ordinance 99-45 and Section 13146.2(e) of the California Health and Safety Code requires a fee be paid to this office for inspections of multi residential facilities. The fee amount varies and is based on the actual number of units in a given facility. Billing is conducted by this office after the initial inspection. The fees are as follows: NUMBER OF UNITS FEE 3-5 $45 5- 12 67.50 13-24 90 25-59 135 60- 149 180 150-249 270 250-499 360 500+ 540 FP8.015 Revised 3100 CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 2010 GEARY ROAD PLEASANT HILL, CA 94523-4694 (510) $30.5500 BUREAU OF FIRE PREVENTION SMOKE. DETECTORS FOR R-1 OCCUPANCIES Section 13113.7 of the California Health and Safety Code requires that property owners supply and install smoke detectors in every dwelling unit of a multiple-dwelling complex. POWER SOURCE 11.0 volt In newer construction and in some renovations, required smoke detectors shall receive their primary power from the building wiring when such wiring is served .from a commercial source. Wiring shall be permanent and without a disconnecting switch ether than those required for over--current protection. All 110 volt detectors sold after June 30, 1992 must be equipped with battery backup. 110 volt required detectors may not be replaced with battery operated detectors. Battery Operated Where not required to be 110 volt, detectors may be battery operated. we recommend that batteries be changed at least annually. LOCATION Locations within Dwelling Units. in dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each separate sleeping area. where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. Detectors shall also be installed in the basement of dwelling units having a stairway which opens from the basement into the dwelling. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. Location in Efficiency Dwelling Units and Hotels. In efficiency dwelling units, hotel suites, and in hotel sleeping rooms, detectors shall be located on the ceiling or wall of the main room or hotel sleeping room. when sleeping roams within an - _2 w efficiency dwelling unit or hotel suite are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit, hotel suite or sleeping room in which it is located. In the case of apartment complexes and other multiple--dwelling complexes, a smoke detector shall be installed in the common stairwells. All fire alarm warning systems supplemental to the smoke detector shall also be listed by the State Fire Marshal. .New regulations in effect require that smoke detectors be installed in each sleeping room when the valuation of an addition, alteration or repair exceeds $1000 and a permit is required, or when one or more sleeping rooms are added or created. These detectors may be battery operated. TESTING The owner shall be responsible for testing and maintaining detectors in hotels, motels, lodging houses, and common stairwells of apartment complexes and other multiple dwelling complexes. The smoke detector shall be operable at the time that the tenant takes possession. The apartment complex tenant shall be responsible for notifying the manager or owner if the tenant becomes aware of an inoperable smoke detector within his or her unit. The yawner or authorized agent shall correct any reported deficiencies in the smoke detector and shall not be in violation of this section for a deficient smoke detector when he or she has not received notice of the deficiency. NONCOMPLIANCE A violation of this section is an infraction punishable by a maximum fine of two hundred dollars ($200) for each offense. Contra Costa County Fire Protection District Fire Chief KEITH"C"j #iESIDENTIAL SMOKE DETECTION INSTALLATION AND MAINTENANCE State law requires smoke detectors be installed and battery-operated units have batteries replaced annually within all multiresidential units. In order to verify the required installation and maintenance of smoke detectors, it shall be necessary to properly complete (print where designated) the following questionnaire: 1. Name of complex: 2. Address: City: 3. Total number of units in complex: 4. Total number of smoke detectors installed: 5. Have smoke detectors been installed in all units: Yes No If no, list units and reason: 6. Unit numbers/addresses where batteries were replaced within the last year: 7. All smoke detectors are listed by the California State Fire Marshal. Yes No 8. Owner's Name (Please Print): Mailing Address: Owner"s Signature: Phone No.: 9. Manager's Name (Please Print): Mailing Address: Manager's Signature: Phone No.: Please complete questionnaire and return in self-addressed envelope. FP8,050 Rev 7198 0 2010 GEARY ROAD - PLEASANT HILL, CALIFORNIA 94523-4594 - TELEPHONE(925)930-5500• FAX 930-8592 452:7 DCERFIELD DRIVE - ANTIOCH, CALIFORNIA 94509 - TELEPHONE (925)757-1303 - FAX 754-8852 0 WEST COUNTY AREA - TELEPHONE (510)374-7070 :C> CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT SMOKE DETECTOR GIVE-A-WAY PROGRAM The Fire Prevention Specialists who staff the Public Education Unit for the Contra Costa County Fire District have developed and conducted a smoke detector give-a-way program for the past several years. The smoke detector give-a-way program provides detectors free of charge to seniors 60 years and over and the physically challenged in our District. The detectors are installed by Fire Prevention Specialist on appointment. The requirement is that the citizen have no existing detector or have one older than 10 years. One detector is provided to each household. In 1998, 46 detectors were installed in qualifying single-family dwellings. During 1990, there were 56 detectors installed and 5 batteries changed out to re-activate existing smoke detectors. In 2000, as of April 7th, 16 detectors have been installed and 3 batteries changed to active existing detectors. On April 6, 2000, the Home Depot store in Pittsburg donated 50 smoke detectors to the Fire District for use with this program, and, on April 7, 2000, the Concord Home Depot store followed by matching with an additional 50 smoke detectors for use by the District. A brief article describing the smoke detector give-a-way program and its criteria was published in the Contra Costa Times on April 7, 2000. Thus far, 51 installation appointments have been scheduled for the coming months. 7:1LRT\S Wok*Detr►etor-Give-A-Way-StaUsties.004 YOU MAY BE GIBLE FOR A FREE SMS DETECYOR PLUS INSTALLATION I YOU LIVE wITIHN THE CONTRA COSTA. COUNTY FIRE DISTRICT (Including the cormnunit ies of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clayton, Clyde. Concord, Discovery Bay, El Sobrante, ightsen, Lafayette. Martinez, Pacheco, Pinole (County Area), Pittsburg, Pleasant Hili, Port Chicago, Richmond (North), San Pablo, 'Walnut Creep) i YOU ARE 60+ YEARS OF AGE OR; 0 YOU ARE PHYS I CALLY CHALLENGED 9 YOU DO NOT HAVE A WORKING SMOKE DETECTOR IN YOUR. HOW, OR; 0 YOUR. EXISTING SMOKE DETECTOR TS OVER 10 YEARS OLD. FOR MORE INFORMATION CONTACT CONTRA COSTA COUNTY .FIRE PROTECTION DISTRICT (925) 930-2124 511'�r TO:r BOARD OF SUPERVISORS f FROM: SUPERVISOR GAYLE B. UILKEMA '�'� � Contra �OSta DATE: March 7, 2000 County SUBJECT: Prevention of residential fires and increase level of fire safety through Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. Request that the fire agencies throughout Contra Costa County meet to examine the level of fire safety available countywide and explore methods of preventing fire deaths. 2. Defer to County Counsel and the fire protection districts the question of wha!rther there Is an appropriate way to inspect smoke detectors or to Inspect residential dwellings for the presence of detectors. 3. Determine If we can continue and expand the previous fire district program of installing residential smoke detectors and other iffe and property protection safety devices. 4. Explore with the county fire services,firefighter organizations and other interested partiestorganizations how we may ensure that appropriate home safety devices can be widely distributed and available to enhance fire safety. 5. Have county fire protection agencies provide a report to the Board on April 18,2000 advising the Board on what measurers are both available and capable of being Implemented to improve fire safety and prevent fire deaths. BACKGROUND: See attached CONTINUED ON ATTACHMENT: ✓ YES SIGNATU J / RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE: GIAYLE B.UILKEMA ACTION OF BOARD ON dam 7.2000 APPROVED AS RECOMMENDED X OTHER The following persons presented 'testimony: Keith Richter, Chief, Contra Costa County Fire Protection District; Dennis Salmi, Chief, Rodeo-Hercules Fire District; Jim Johnston, Chief, Moraga-Orinda Fire Protection District; Lou Paulson, 112 Blueridge Drive, Martinez, representing the United Professional Firefighters, Local 1230. Background; - The three recent residential fires in Contra Costa County that resulted in five deaths should be a reminder to take every measure possible to prevent such tragedies in the future. The Board should act proactively by exploring all possible fire safety and prevention techniques to Insure that preventable fire deaths are not repeated in Contra Costa County. One such fire safety device is the smoke detector. By law, smoke detectors are required on new homes constructed in California. Also, when a house is rented or sold state law requires that a smoke detector be installed in every bedroom. These devices, when Installed and In operating order, prevent deaths when there Is a house fire. unfortunately, all houses are not equipped with smoke detectors, because they fall outside of the current provisions of law(new, rental or resale). Moreover, many smoke detectors which have been Installed over the years are either not wired to electric lines or do not have batteries which operate (old batteries). Every year, firefighters donate smoke detectors to approximately Sag low-income residents. However, there are many other homes In Contra Costa County that either do not have a smoke detector or have one with old batteries. Last September we Introduced a concept which statedthat automatic gas shut-off valves on new and substantially remodeled homes be required. This ordinance will be coming to the Board in a couple of weeks and also addresses the Issue of residential fire safety. With respect to the smoke detector, we may wish to enact an ordinance, similar to the San Pablo, El Cerrito and Richmond City ordinances, which requires home safety inspections In all rentals within their Jurisdiction. Perhaps It might be wise to go further and require a home inspection in all resales as well (although a declaration form covers re-sales). However, home inspections can be broadened beyond state requirements to cover other home safety devices or recommendations for home safety devices, such as gas valves, circuit breakers, smoke detector batteries, fire extingu.ishera and carbon monoxide sniffers. Our countywide fire districts have had a great deal of experience with a variety of devices and techniques for home safety. A meeting between the fire officials with a charge to advise the Board as to how Contra Costa county's fire safety could be enhanced and how the Board could further the goal of residential fire safety. I believe it is Imperative to take all of the means at our disposal to prevent the tragic type of death that occurred In the recent Rodeo, Richmond and Concord fires. I am sure you will agree with me that not only do our hearts go out to the friends and relatives of the fire victims, but we also make it possible thatthe victims' lives are remembered with an action by this Board. %V 1W W mar W'Awv �r ► s.r v 5.✓' .,nr .r► .�r-rw�,► s �'v�r► •.�' .+ :,.� +r �r"� CONSIDER W TH ' -r„rY+'�` • a Cyt�,�,, EAST DIABLO Fire Protection Dxstnct Apri17, 2000 134 Oak Street Brentwood, CA 94513-1335 Paul Hein Fire Clxief C.C.Co. Supervisor, District 2 FAX: (925)634-1423 Gayle Uilkema 651 Pine Street, Room 108a ------ -. Martinez, CA 94553 R, ISD APR 10 2000 SUBJECT: EAST DIABLO FIRE PROTECTION DISTRICT ■ Smoke Detector Program Dear Supervisor Uilkema; I will not be able to attend the Board of Supervisors meeting on Tuesday, April 18, 2000, due to a previous commitment involving the local high school and public safety providers for the City of Brentwood. I would like to thank you, and the Board, for affording the Fire Districts an opportunity to share their efforts in providing smoke detectors for residents within each District's jurisdiction. As discussed at your meeting with District Fire Chiefs, most (if not all) of the Districts maintain a.current smoke detector program, which I am sure will remain on-going. Should you have any questions regarding mast Diablo's smoke detector program, please contact my office at (925) 634-3400. Sincere PAUL HEIN, Mrie Chief East Diablo Fire Protection District PN:as ~c: C.C.Co. Clerk of the Board D:lwardtSmk Det Prgm-Sup GU 4-00