HomeMy WebLinkAbout04 - Proposed Creation of a Civilian Fire Marshal PositionCITY OF
tu s NEWPORTBEACH
�1FORNCity Council Staff Report
June 26, 2018
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Chip Duncan, Fire Chief — 949-644-3101
cduncan@nbfd.net
PREPARED BY: Angela Crespi, Administrative Manager
acrespi@nbfd.net
PHONE: 949-644-3352
TITLE: Proposed Creation of a Civilian Fire Marshal Position
ABSTRACT:
The City Manager is responsible for recommending changes to classification and
compensation as provided in the Newport Beach Municipal Code 2.28. This report
outlines the proposed creation of a job classification and salary range for a Civilian Fire
Marshall position.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution 2018-41, A Resolution of the City Council of the City of Newport
Beach, California, Creating a Civilian Fire Marshal Position and Establishing the
Position Classification and Salary Range.
FUNDING REQUIREMENTS:
The adopted FY2018-19 budget includes funding for this position. It will be expensed to
the Miscellaneous Salaries accounts in the Fire and Community Development
Departments, 01040402-711001 and 01050005-711001.
Background
Nearly three years ago, the City Manager's Office engaged Management Partners to
review the City's Fire Department Life Safety Services (LSS) Division. The purpose of
the analysis was to review the operations for effectiveness, efficiency, and cost. The
analysis focused on two objectives: 1) to determine if relocating fire plan review and plan
check from the Fire Department to the Community Development Department (CDD)
would result in better customer service; and 2) to determine if there is a more effective
model for staffing the division.
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Proposed Creation of Civilian Fire Marshal
June 26, 2018
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As result of the study, an Assistant Fire Chief position, responsible for the Fire Code
Official (Fire Marshal) duties, was eliminated and the duties were transferred to the Chief
Building Official (CBO) and the Fire Chief. The CBO assumed oversight of day-to-day
operations while the Fire Chief assumed the statutory responsibilities of Fire Marshal.
Many of the adopted changes improved the level of customer service for development
related processes (building plan check and inspection). However, some of the changes
have negatively affected inspections related to annual fire permits and coordination with
Fire Department Operations staff.
During the original implementation, the Fire Chief had an extensive background in fire
prevention from his previous experience. The current Fire Chief does not possess the
same breadth and depth of higher-level technical fire prevention experience. This results
in the lack of critical knowledge of the fire code, especially during the construction phase
of a project. The CBO only has authority to interpret the building code, not the fire code.
Proposed Changes
The CDD Director, the Fire Chief, and the City Manager support the creation of a Civilian
(non -sworn) Fire Marshal position to oversee the City's fire prevention functions and staff,
lead community fire risk reduction, and coordinate education and training for fire
prevention. This newly created position will work closely and collaboratively with CDD to
address fire code issues early in the planning process and provide the needed
coordination with the Fire Department Operations staff. The Fire Marshal would ultimately
report to the Fire Chief, but be accountable to the Community Development Director as
well. This dual accountability is formalized through shared funding in the adopted budget.
The Fire Department budget includes 0.8 FTE and the Community Development budget
includes the remaining 0.2 FTE.
In summary, we believe the newly created position will restore a critical component of
checks and balances. The Civilian Fire Marshal position will add a subject matter expert
who can evaluate and interpret the fire codes, work collaboratively with CDD and Fire
Operations, and continue to ensure a high level of customer service to the development
community and the residents.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
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Proposed Creation of Civilian Fire Marshal
June 26, 2018
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ATTACHMENTS:
Attachment A — Resolution No. 2018-41
Attachment B — Position Classification and Description
Attachment C — Civilian Fire Marshal
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ATTACHMENT A
RESOLUTION NO. 2018-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CREATING A
CIVILIAN FIRE MARSHAL POSITION AND
ESTABLISHING THE POSITION CLASSIFICATION AND
SALARY RANGE
WHEREAS, City of Newport Beach ("City") Charter Section 601 requires the City
Council to provide the number, titles, qualifications, powers, duties and compensation of
all officers and employees;
WHEREAS, the Fire Marshal duties were transferred to the Fire Chief and the
Building Official upon elimination of the Assistant Fire Chief position assigned as the Fire
Marshal;
WHEREAS, the City Manager desires to add a civilian Fire Marshal (non -safety)
position in the Fire Department to oversee fire prevention activities;
WHEREAS, the proposed organizational changes require the addition of a new
job classification in the Fire Department and the creation of a Fire Marshal (nonsafety);
WHEREAS, the new Fire Marshal (non -safety) classification and salary range
were reviewed by the City Council at the June 12, 2018 City Council meeting, and the
Council adopted the Budget for Fiscal Year 2018-2019, through Resolution No. 2018-38.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: One (1) Fire Marshal (non -safety) position shall be created with a
salary range of $126,010.30 - $153,164.96 in the Fire Department.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution. Any previously adopted resolution,
or portion thereof, in conflict with the provisions of this resolution is hereby repealed to
the extent it conflicts.
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
Resolution No. 2018 -
Page 2 of 2
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, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
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 26th day of June, 2018.
Marshall "Duffy" Duffield
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY A'ORNEY'S OF ICE
aron C. Haro
City Attorney
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Attachment B — Positon Classification and Description
CITY OF NEWPORT BEACH
CIVILIAN FIRE MARSHAL
DEFINITION: To manage the activities and operations of the Fire Prevention Division
within the Fire Department; direct and coordinate the operations and delivery of fire
prevention, fire inspection and plan checking, and hazardous materials management
services in collaboration with the Community Development Department; and to perform a
variety of advanced level professional, administrative and technical duties in support of
the Fire Chief.
DISTINGUISHING CHARACTERISTICS: The Civilian Fire Marshal is a non -safety
Division Chief position. Incumbents at this level exercise considerable judgement, operate
with a high degree of independence, and possess advanced knowledge of the principals
and practices of fire prevention and life safety programs and services.
SUPERVISION RECEIVED AND EXERCISED: Reports directly to the Fire Chief and
receives technical direction from the Community Development Director; exercises direct
supervision over assigned technical, professional and administrative support staff.
ESSENTIAL FUNCTIONS: The following essential functions are typical for this
classification. Incumbents may not perform all of the listed functions and/or may be
required to perform additional or different functions from those below, to address
business needs and changing business practices:
Plan, organize and administer policies and programs for the City's fire
prevention services, including fire & building code inspection, plan review, and
hazardous materials management; monitor program operations and personnel
and ensure compliance with local, State and Federal regulations and
procedures;
Manage the development and implementation of divisional goals, objectives,
policies, and priorities for assigned programs; recommend, within Departmental
policy, appropriate service and staffing levels; recommend and administer
policies and procedures to increase departmental/divisional efficiency and
effectiveness;
Supervise Fire Prevention Division staff; prioritize and assign work; coach,
motivate and provide feedback on employee performance; train staff and ensure
compliance with applicable personnel policies and procedures; promote a
healthy and safe working environment; approve payroll records; and make hiring,
termination, and disciplinary recommendations;
Oversee departmental fire inspection programs for new and existing commercial
and residential occupancies as required by statue; ensure compliance with the
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City of Newport Beach
California Fire Code, city ordinances, state and local laws and nationally
recognized fire prevention standards;
Develop and interpret State and local codes and ordinances related to fire
prevention and safety; rule on alternate means and methods for construction
and engineered community fire protection;
Oversee new construction of fire suppression systems, fire alarm systems plan
review, pre -construction meetings, and act as liaison with internal and external
stakeholders;
Manage Fire Prevention Division records and program data to ensure accurate
record keeping; supervise data entry activities for the fire permits program,
hazardous materials disclosure program, emergency plans, and the Department
Record Management System (RMS); serve as custodian of records for all fire
prevention activities throughout the Department;
Manage, participate in, and facilitate training and education in fire prevention,
code enforcement, building construction and inspection services, hazardous
materials regulations, community disaster response, and related topics;
Prepare and manage the division budget including forecasting, allocating
resources and monitoring and approving expenditures; monitor budget
compliance;
Represent the City on a variety of boards, commissions, advisory councils,
and/or community groups; attend and participate in professional group meetings;
stay abreast of new trends and innovations in the field of fire prevention and
inspection;
Conduct various organizational and operational studies; recommend
modifications to fire prevention and inspection programs, policies, and
procedures as appropriate;
Respond to complex community, business, and citizen inquiries and resolve
difficult and sensitive complaints;
Ensure adherence to a high level of customer service;
Regularly and predictably attend work; and
Perform related duties as assigned.
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Civilian Fire Marshal
Page 3
City of Newport Beach
PHYSICAL AND MENTAL ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB
FUNCTIONS:
Knowledge of:
Principles and practices of fire prevention, fire inspection and code compliance,
fire plan review, and hazardous materials management;
Principles and practices used in fire suppression management;
Pertinent Federal, State and local laws and regulations including City of Newport
Beach fire safety codes, California Fire Code, NFPA Standards and EPA
regulations pertaining to hazardous materials;
Applicable safety regulations, practices and procedures, and current trends in fire
prevention and life safety;
Management principles and practices including staff supervision, coaching and
counseling;
Principles and practices of public sector budgeting and contract administration;
and
Customer service and conflict resolution principles and practices.
Ability to:
Effectively manage and coordinate a comprehensive fire prevention program and
develop and implement fire prevention policies, procedures, training materials and
manuals;
Develop, enforce and interpret City fire codes;
Assess employee performance and effectively supervise, train and evaluate the
work of subordinate personnel;
Stay abreast of innovations and standards in the fields of fire code compliance and
plan review, and hazardous materials management;
Interpret and apply relevant Federal, State and local policies, procedures, laws and
regulations;
Use desktop computer software, such as Excel, Word, PowerPoint and database
applications;
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City of Newport Beach
Gather and analyze data and prepare comprehensive reports;
Maintain confidentiality of privileged information;
Handle stressful or sensitive situations with tact and diplomacy;
Analyze problems and develop logical solutions;
Work cooperatively with other departments, City officials and outside agencies;
Communicate clearly and concisely, both orally and in writing;
Appear for work on time;
Follow directions from a supervisor and accept constructive criticism;
Understand and follow posted work rules and procedures;
Establish and maintain cooperative working relationships with those contacted in
the course of work;
Participate in evening or weekend meetings to conduct presentations or
workshops as necessary.
PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS:
Work is performed in both an office and outdoor environment and will require travel to
off-site facilities. Job duties involve sitting, standing, climbing, and walking for
prolonged or intermittent periods of time, and reaching, bending, and twisting at the
waist to perform field work, deskwork, operate a vehicle and general office equipment,
including a personal computer and keyboard, for prolonged or intermittent periods of
time. The operation of a personal computer also requires finger and wrist dexterity
and the ability to withstand exposure to vibration, pitch and glare from the computer.
Employee must be able to safely lift and carry books, files and reports weighing up to
25 pounds. Must be able to lift files and reports from counter tops or file drawers. Must
be able to climb up and down moderate to steep slopes as well as ladders to roofs of
buildings under construction; have the ability to withstand exposure to temperature
variations, noise, vibrations, fumes, odors and dust; and to see and hear in the normal
range with or without correction.
EDUCATION AND EXPERIENCE REQUIRED TO PERFORM ESSENTIAL JOB
FUNCTIONS: A combination of experience and training that would likely provide the
required knowledge and abilities may be qualifying. A typical way to obtain the
knowledge and abilities would be:
Civilian Fire Marshal
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City of Newport Beach
Experience: Five (5) or more years of progressively responsible experience in
fire prevention services, including experience in fire code enforcement, plan review
hazardous materials management, and fire education, including two years of
administrative and supervisory responsibility.
Education: Equivalent to completion of a Bachelor's degree in Fire Science,
Engineering, Public Administration, or a related field. A Master's degree in Public
Administration or a related field desirable.
Licenses or Certificates:
Possession of, or ability to obtain, a California Class C driver's license.
Possession of International Code Council (ICC) Fire Inspector II Certification or
Fire Plans Examiner.
Possession of, or ability to obtain within six (6) months of hire, California PC 832
certificate.
State Registered Fire Protection Engineer and/or State of California Office of the
Fire Marshal Certification as Fire Prevention Officer or Fire Marshal is preferred.
Disaster Service Worker: In accordance with Government Code Section 3100, City of
Newport Beach Employees, in the event of a disaster, are considered disaster service
workers and may be asked to respond accordingly.
FLSA Classification: Exempt. This position may be required to work extended
hours and on holidays as needed. Must have the ability to respond 24/7 to a variety of
emergency conditions as they arise.
Bargaining Group- Key & Mgmt- Division Head
FLSA Status: Exempt
Proposed Revisions: 5/10/18
Final approved:_
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Attachment C
1 Monthly Pay Rates are rounded to nearest whole dollar.
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Monthly Pay
Civilian Fire Marshall
Hourly Pa Rate
y y
Rate'
Full -Time Positions
Minimum Maximum
Minimum Maximum
Key & Management Group — Executive Management
Civilian Fire Marshal
$ 60.58 $ 70.64
$ 4,847 $ 5,890
1 Monthly Pay Rates are rounded to nearest whole dollar.
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