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HomeMy WebLinkAbout90-007 - ResolutionsRESOLUTION NO. FD 90-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, 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 AND 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: 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. 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 ars on Bedroom Windows with Quick Release Mechanisms, etc.; and , 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. FD 90-007 Page 2 WHEREAS, the Cal i forn ia Attorney General's Opin ion No. 88-904 concludes that local authority may no longer retain the right to be more restrictive 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 Rancho Cucamonga Fire Protection District Board of Directors do 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 NO ES: No ne ABSENT: None Dennis L. Stout, resident ATTEST: I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the 4th day of April, 1990. Executed this 5th day of April, 1990 at Rancho Cucamonga, California.