HomeMy WebLinkAbout90-134 - Resolutions RESOLUTION NO. 90-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
TO SUPPORT SB 1830 (GREEN) AND AB 2666 (HANSEN) URGENCY
LEGISLATION THAT WOULD ASSURE THE ABILITY OF CITIES,
COUNTIES ~ND FIRE DISTRICTS TO ADOPT BUILDING STANDARDS
WHICH ARE MORE STRINGENT THAN THOSE ADOPTED BY THE STATE
FIRE MARSHAL AND STATE HOUSING LAW
WHEREAS, the California Attorney General's Opinion No. 88-904,
September 14, 1989, finds that local authority may not be more restrictive
than the State Fire Marshal and State Housing Law in regards to adopting
residential building standards and the Attorney General's specific conclusions
are:
1. Cities and Counties may not adopt building standards relating to
fire and panic safety that are more stringent than those adopted
by the State Fire Marshal under Sections 17922, 17958.5 and
17958.7 of the State Housing Law.
2. A Fire Protection District may not adopt a fire prevention code
or other regulations that set forth building standards relating
to fire and panic safety which are stricter than the standards
contained in the State Building Standards Code; and
WHEREAS, the State Fire Marshal and State Housing Law standards have
traditionally served as a minimally acceptable fire and life safety required
standard, and Cities, Counties and Fire Districts have routinely adopted far
more encompassing building standards relating to fire protection requirements,
such as for Smoke Detectors, Fire Sprinklers, Fire Resistive Roofing, Iron
Bars on Bedroom Windows with Quick Release Mechanisms, etc.; and
WHEREAS, virtually all major fire and life safety improvements in the
past have been first developed and adopted by local authority, often following
a tragic fire incident, with the new code innovation being first adopted
locally, then over time eventually becoming included in a National or Regional
"Uniform Standard" and then finally becoming adopted by State and Local
authorities as a minimal standard; and
WHEREAS, it is extremely important to the fire and life safety of the
State of California that local governments be able to retain their present
building code requirements which are more restrictive than the minimal State
standards, and maintain their future ability to continue to improve the fire
safety of their citizenry through the local code adoption process; and
WHEREAS, the ability to retain "Local Control" and "Home Rule" has
always been of major concern to Cities, Counties, and Fire Districts in
regards to fire and life safety as it pertains to local conditions and the
many other responsibilities of local government; and
Resolution No. 90-134
Page 2
WHEREAS, the California Attorney General's Opinion No. 88-904 con-
cludes that local authority may no longer retain the right to be more restric-
tive than the State standards in regards to residential building codes and
that the opinion poses a most serious threat, doubt and uncertainty to local
authority in regards to their ability to do so; and
WHEREAS, Senator Cecil Green and Assemblywoman Bev Hansen have
introduced legislation, SB 1830 (Green) and AB 2666 (Hansen) which would, if
adopted, clarify the rights of local authority to continue to adopt more
stringent fire and life safety residential building standards.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve and strongly supports the adoption of SB 1830 (Green) and
AB 2666 (Hansen) legislation that would assure the ability of Cities,
Counties, and Fire Districts to adopt building standards which are more
stringent than those adopted by the State Fire Marshal and State Housing Law.
PASSED, APPROVED, and ADOPTED this 4th day of April, 1990.
AYES: Alexander, Brown, Buquet, Stout, Wright
NOES: None
ABSENT: None
Dennis k. Stout, Mayor
^llESl:
Dbbra J. Ada~F, City Clerk
I, DEBRA j. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed,
approved, and adopted by the City Council of the City of Rancho Cucamonga,
California, at a regular meeting of said City Council held on the 4th day of
April, 1990.
Executed this 5th day of April, 1990 at Rancho Cucamonga, California.
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