San Bernardino County Municipal Code Ch. 1 Emergency Services Organization

The declared purposes of this Chapter are to provide for the preparation and execution of plans for the protection of life and property within this County in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this County with all other public agencies, corporations, organizations and affected private persons.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

As used in this Chapter, EMERGENCY shall mean an actual disaster or threat of disaster or of an extreme peril to the safety of life and property within this County as described in Government Code § 8558 or its successor, or caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, de-energization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, including situations resulting from war, terrorist attack or imminent threat of war or terrorist attack, but other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, thus requiring coordinated action within the County and possibly the assistance of other private and public agencies within and without the County.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

(a) There is hereby created the Office of Emergency Services. The Office of Emergency Services shall develop emergency plans and manage the emergency programs of this County.

(b) The Office of Emergency Services shall, prior to an emergency, be responsible for:

(1) Developing and coordinating the emergency services planning for San Bernardino County, which will provide for the utilization of all County governmental entities, their resources and equipment, all commercial and industrial resources, and all special groups, bodies, and organizations, including the San Bernardino County Operational Area Coordinating Council, as may be necessary for the support of emergency services operations.

(2) Developing and coordinating such training programs and exercises as may be necessary for operational requirements.

(3) Developing and coordinating programs designed to inform the public of measures for self-protection and emergency services activities.

(4) Coordinating and serving as liaison with Federal, State, other County, City, and Town emergency services agencies, and with representatives of the United States Armed Forces.

(5) Recommending to the San Bernardino County Disaster Council for consideration all matters within the purview of the Council's responsibilities.

(6) Recommending to the Board of Supervisors for consideration matters of policy insofar as they relate to emergency services.

(7) Overseeing the emergency operations plan and its annexes as they relate to County groups, departments, and agencies.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

(a) The Chief Executive Officer of San Bernardino County shall be the County Director of Emergency Services. In the absence of the Chief Executive Officer, the Chief Operating Officer shall serve in this capacity. In the absence of the Chief Executive Officer and the Chief Operating Officer, the Assistant Executive Officer overseeing the Office of Emergency Services shall serve in this capacity. In the absence of the Chief Executive Officer, the Chief Operating Officer, and the Assistant Executive Officer overseeing the Office of Emergency Services, the Assistant Executive Officer overseeing the Department of Public Works shall serve in this capacity. In the absence of the Chief Executive Officer, the Chief Operating Officer, the Assistant Executive Officer overseeing the Office of Emergency Services, and the Assistant Executive Officer overseeing the Department of Public Works, the Assistant Executive Officer overseeing the Land Use Services Department shall serve in this capacity. In the absence of the Chief Executive Officer, the Chief Operating Officer, the Assistant Executive Officer overseeing the Office of Emergency Services, the Assistant Executive Officer overseeing the Department of Public Works, and the Assistant Executive Officer overseeing the Land Use Services Department, the Assistant Executive Officer overseeing the Risk Management Department shall serve in this capacity. In the absence of the Chief Executive Officer, the Chief Operating Officer, the Assistant Executive Officer overseeing the Office of Emergency Services, the Assistant Executive Officer overseeing the Department of Public Works, the Assistant Executive Officer overseeing the Land Use Services Department, and the Assistant Executive Officer overseeing the Risk Management Department, the County Chief Financial Officer shall serve in this capacity. In the absence of the Chief Executive Officer, the Chief Operating Officer, the Assistant Executive Officer overseeing the Office of Emergency Services, the Assistant Executive Officer overseeing the Department of Public Works, the Assistant Executive Officer overseeing the Land Use Services Department, the Assistant Executive Officer overseeing the Risk Management Department, and the County Chief Financial Officer, the Assistant Executive Officer overseeing Human Services shall serve in this capacity.

(b) There shall be appointed a Director of Emergency Management, who shall be the day-to-day manager of the Office of Emergency Services Department and shall be responsible for carrying out the responsibilities of the Office of Emergency Services under the provisions of § 21.0103. The Director of Emergency Management shall have such other powers and duties as may be assigned by the County Director of Emergency Services. During an emergency, the Director of Emergency Management will operate the Emergency Operations Center and assist the County Director of Emergency Services in coordinating emergency response efforts.

(Ord. 4191, passed - -2012; Am. Ord. 4358, passed - -2019; Am. Ord. 4484, passed - -2025)

(a) The County Director of Emergency Services is hereby empowered to:

(1) Request the Board of Supervisors to proclaim the existence of a "Local Emergency" if the Board of Supervisors is in session, or to issue such proclamation if the Board of Supervisors is not in session. Whenever a local emergency is proclaimed when the Board of Supervisors is not in session, the Board of Supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(2) Recommend that the Board of Supervisors request the Governor to proclaim a "State of Emergency" when, in his or her opinion, the locally available resources are inadequate to cope with the emergency.

(3) Control and direct the effort of the emergency organization (as defined in § 21.0109 of this Chapter) of this County for the accomplishment of the purposes of this Chapter.

(4) Direct cooperation between and coordination of services and staff of the emergency organization (as defined in § 21.0109 of this Chapter) of this County and resolve questions of authority and responsibility that may arise between them.

(5) Represent this County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(b) In the event of the proclamation of a "Local Emergency" as herein provided, the proclamation of a "State of Emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "State of War Emergency," the County Director of Emergency Services is hereby empowered to:

(1) Make and issue rules, regulations and orders on matters reasonably related to the protection of life and property as affected by such emergency, provided, however, that such rules, regulations and orders are confirmed at the earliest practicable time by the Board of Supervisors.

(2) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the County for the fair value thereof and, if required immediately, to commandeer the same for public use.

(3) Require emergency services of any County officer or employee, and in the event of the proclamation of a "Local Emergency" in the County or the existence of a proclaimed "State of Emergency" or a "State of War," to command the aid of as many citizens of this County as he or she deems necessary in the execution of his or her duties. All such County officers and employees performing disaster work that is outside the course and scope of their regular employment without pay, and all such commanded citizens, shall be entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service workers.

(4) Requisition necessary personnel or material of any County department or agency.

(5) Execute all of his or her ordinary power as County Director of Emergency Services, all of the special powers conferred upon him or her by this Chapter or by resolution or emergency plan adopted by the Board of Supervisors, all powers conferred upon him or her by any statute, by any agreement approved by the Board of Supervisors, and by any other lawful authority.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

(a) The San Bernardino County Disaster Council is hereby created and shall consist of the following 19 voting members and one non-voting member:

(1) The Chief Executive Officer, or his or her pre-designated representative in his or her absence;

(2) The Chief Operating Officer, or his or her pre-designated representative in his or her absence;

(3) The Assistant Executive Officer overseeing the Department of Public Works, or his or her pre-designated representative in his or her absence;

(4) The Assistant Executive Officer overseeing the Department of Risk Management, or his or her pre-designated representative in his or her absence;

(5) The Assistant Executive Officer overseeing the Land Use Services Department, or his or her pre-designated representative in his or her absence;

(6) The Assistant Executive Officer overseeing Human Services, or his or her pre-designated representative in his or her absence;

(7) The County Chief Financial Officer, or his or her pre-designated representative in his or her absence;

(8) The Fire Chief/Fire Warden of the San Bernardino County Fire Protection District, or his or her pre-designated representative in his or her absence;

(9) The County Sheriff/Coroner/Public Administrator, or his or her pre-designated representative in his or her absence;

(10) The Assistant Executive Officer overseeing the Office of Emergency Services, or his or her pre-designated representative in his or her absence;

(11) The Director of the Risk Management Department, or his or her pre-designated representative in his or her absence;

(12) The Director of the Department of Public Health, or his or her pre-designated representative in his or her absence;

(13) The Director of Emergency Management, or his or her pre-designated representative in his or her absence;

(14) The Chief Executive Officer of Arrowhead Regional Medical Center, or his or her pre-designated representative in his or her absence;

(15) The Director of the Innovation and Technology Department, or his or her pre-designated representative in his or her absence;

(16) The Director of the Purchasing Department, or his or her pre-designated representative in his or her absence;

(17) The Director of the Department of Public Works, or his or her pre-designated representative in his or her absence;

(18) The Auditor-Controller/Treasurer/Tax Collector, or his or her pre-designated representative in his or her absence;

(19) The County Superintendent of Schools, or his or her pre-designated representative in his or her absence; and

(20) A non-voting at-large Representative of the designated lead agency of the San Bernardino County Operational Area Coordinating Council.

(Ord. 4191, passed - -2012; Am. Ord. 4358, passed - -2019; Am. Ord. 4484, passed - -2025)

(a) The Chief Executive Officer shall serve as the Disaster Council Chairperson. In the absence of the Chief Executive Officer, the Fire Chief/Fire Warden of the San Bernardino County Fire Protection District shall serve as the Disaster Council Chairperson. In the absence of the Fire Chief/Fire Warden of the San Bernardino County Fire Protection District, the County Sheriff/Coroner/Public Administrator shall serve as the Disaster Council Chairperson. The individual serving as Chairperson shall not be the pre-designated representative of any of the individuals identified in this Subsection.

(b) The staff assigned to assist the San Bernardino County Disaster Council in carrying out its powers and duties shall consist of the following:

(1) The Director of Emergency Management who shall serve as the Executive Director of the Disaster Council to facilitate its operations, or an Office of Emergency Services staff member assigned to assist the Disaster Council in his or her absence;

(2) The County Counsel, or a Deputy County Counsel assigned to advise the County's Office of Emergency Services, in his or her absence; and

(3) Such other persons as are required by the Disaster Council.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

It shall be the duty of the San Bernardino County Disaster Council, and it is hereby empowered, to advise and recommend for adoption by the Board of Supervisors, mutual aid agreements, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements, and to serve as the San Bernardino County Citizen Corps Council. The Disaster Council shall meet at least annually or upon the call of the Disaster Council Chairperson, or the Director of Emergency Management as often as is deemed necessary by such persons. The Disaster Council shall comply with the California Emergency Services Act (Title 2, Division 1, Chapter 7 of the Government Code).

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

Emergency Organization. All officers and employees of this County, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of § 21.0105(b)(3) of this Chapter to be charged with duties incident to the protection of life and property in this County during such emergency, shall constitute the emergency organization of San Bernardino County.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)

It shall be a misdemeanor, punishable by a fine not to exceed $1,000.00 or by imprisonment for a period not to exceed six months, or both, for any person, during a State of War Emergency, State of Emergency, or Local Emergency, or a drill or exercise in preparation for any such emergency to:

(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Chapter, or in the performance of duties, to include but not be limited to willful deliberate interference with radio communications between persons designated as agents of the County, paid or volunteer, during a practice drill or an emergency;

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if it is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this County, or to prevent, hinder, or delay the defense or protection thereof; or

(c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State of California or San Bernardino County.

(Ord. 4191, passed - -2012; Am. Ord. 4484, passed - -2025)