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CITY OF BANNING
STAFF REPORT

 
 
TO:
CITY COUNCIL
 
FROM:
Elizabeth Gibbs, City Manager
 
PREPARED BY:
Mikki Sherry, Deputy Fire Marshall
Matthew Bassi, Interim Community Development Director
 
MEETING DATE:
September 8, 2026
 
SUBJECT:

Consideration of Resolution 2026-123 for the FY 2025/2026 Heath and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3

 

STAFF RECOMMENDATION:

Adopt Resolution 2026-123

BACKGROUND:

In 2018, California Health and Safety Code Section 13146.4 was added by Senate Bill 1205 (SB1205) and became effective January 1, 2019.  Section 13146.4 requires all fire departments, that provide fire protection services, to report annually to their administering authority on their compliance with Health and Safety Code Sections 13146.2 and 13146.3.  Sections 13146.2 and 13146.3. These sections cover the  required annual inspections of every building used as a public or private school (used by more than 6 persons for educational purposes through the 12th grade), hotel, motel, lodging house, apartment house (3 units or more) and certain residential care facilities for compliance with building standards.

 

During the time period of July 1, 2025 to June 30, 2026, the Fire Department identified 12 Group E and 10 Group R-1, 91 R-2, and 5 R2.1, buildings, structures and/or facilities in the City of Banning and completed 100% of the annual inspections at the identified occupancies, buildings, structures and/or facilities.  The Fire Department will continue to assess, with the assistance of City Staff, the existing building stock and new development within the City in an effort to ensure that all applicable Group E and R buildings, structures and/or facilities receive an annual inspection in accordance with SB1205.

JUSTIFICATION:

California Health and Safety Codes §13145, §13146, and §17921 grant the authority of City and County Fire Departments to enforce fire and life safety standards, adopted by the State Fire Marshal.  Residents and occupants of the structures within the City of Banning have benefited from the annual, comprehensive inspection program, by having increased the level of safety at these types of facilities. In accordance with the City of Banning adopted fee schedule, inspection fees are set by the California Health and Safety Codes §13146.2 and §13146.3. The Banning Office of the Fire Marshal inspects various buildings, identified as state-mandated structures, consisting of apartments, hotels, lodging homes, motels, public or private schools, and certain residential care facilities for compliance with fire and life safety standards. The Banning Office of the Fire Marshal ensures compliance of these facilities by conducting inspections and mailing inspection reports to property managers and/or owners, during each facility’s assigned inspection month. The Banning Office of the Fire Marshal is mandated by the State of California to have completed inspections at 118 facilities and or/ complexes for FY 2025/2026; 100% of which have been completed. A copy of the SB 1205 Annual Report is attached to Resolution No. 2026-121 as Exhibit A.

FISCAL IMPACT:

None. SB1205 is solely a reporting requirement by the State.

ATTACHMENTS:
1. Resolution_No._2026-123.docx
2. FY 25-26 SB 1205 Inspection Spreadsheet Totals - 2.pdf
3. SB 1205 Text.pdf