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(a) General. Abatement Appeals Board. See Section 105A.2 of the Building Code.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)
(a) Criminal Penalty for Violation; Citations.
(1) Any person or entity who violates, disobeys, omits, fails, neglects or refuses to comply with, or who resists or opposes the execution of any of the provisions of this Code, or any notice or order of the Director of the Department of Building Inspection made pursuant to this Code, relating to fire safety, the provision of heat or hot water, or the existence of conditions that endanger the life, limb, health or safety of any person or the public may be charged with a misdemeanor pursuant to Section 204(b). The penalty upon conviction thereof shall be a fine of not less than $500 or more than $1,000, or imprisonment, no part of which may be suspended. A person convicted of violating this Code shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, failure, neglect or refusal shall continue. Any person who shall do any work in violation of any of the provisions of this Code, or any order of the Director of the Department of Building Inspection made pursuant to this Code, and any person having charge of such work who shall permit it to be done, shall be liable for the penalty provided.
(2) Any person or entity who violates, disobeys, omits, fails, neglects or refuses to comply with any provision of this Code, or any notice or order of the Director of the Department of Building Inspection made pursuant to this Code which is not chargeable under Section 204(a)(1) may be charged with an infraction, and a citation may be issued pursuant to Section 204(b). Pursuant to California Government Code Section 36900 and 36901, the fine for infractions shall be as follows:
(i) A fine not exceeding $100 for the initial violation;
(ii) A fine not exceeding $200 for the second violation of the same section of the Code within one year of the first violation;
(iii) A fine not exceeding $500 for each additional violation of the same section of the Code within one year of the first violation.
(b) Department Members as Public Officers. In the performance of their duties of monitoring and enforcing compliance with the provisions of this Code, all persons authorized by the Housing Inspection Division of the Department of Building Inspection to conduct on-site inspections shall have the power, authority and immunity of a public officer and employee as set forth in California Penal Code Section 836.5, to make arrests without a warrant whenever such employees have reasonable cause to believe that a violation of this Code has taken place in their presence; provided, however, that no such arrest shall be made until the time period for compliance provided in the initial notice of violation has expired. In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and shall release the person on their promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code.
The Director of the Department of Building Inspection, in coordination with the Chief of Police, shall establish and cause to be administered an enforcement training program designed to instruct each employee so authorized by this Section to exercise arrest and citation authority. Such training shall include guidance and instruction regarding the evidentiary prerequisites to proper prosecution of violations thereof; the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority; and the legal and practical ramifications and limitations relevant to exercising enforcement authority.
(c) Presumption of Noncompliance with Order; Civil Penalty for Violation of Code.
(1) Notwithstanding any other provision of this Code, any person or entity served, in any manner permitted for service of process under the provisions of the Code of Civil Procedure, with a notice or order by the Director of the Department of Building Inspection setting forth the nature of the violation of this Code, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in civil proceedings, to have failed to comply with said notice or order at and after the time given in said notice or order for correction of such violation has expired without correction of said violation.
(2) Any person or entity violating this Code shall be liable for a civil penalty of up to $1,000 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. There shall be no more than one violation per building per day. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's asset's, liabilities and net worth. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department of Building Inspection's Special Fund.
(3) The remedies in this Section are in addition to any other remedies provided by law. No provision in this Section shall preclude prosecution of actions for civil criminal penalties concurrently, sequentially or individually.
(1) Any aggrieved person may enforce Section 503(d) of this Code by means of a civil action.
(2) Any person who violates Section 503(d) of this Code or who aids in the violation of Section 503(d) of this Code shall be liable for three times the amount of special and general damages, or three times the amount of one month's rent that the landlord charges for the unit in question. The court may award in addition thereto, not less than $200 but not more than $400, together with punitive damages. The interested party instituting a civil proceeding, or the City suing to enforce Section 503(d), if prevailing parties, shall be entitled to the costs of enforcing Section 503(d), including reasonable attorney's fees, pursuant to a court order.
(3) Any person who commits, or proposes to commit, an action in violation of Section 503(d) may be enjoined therefrom by any court of competent jurisdiction.
(4) Any action under this subsection may be brought by any aggrieved person, by the District Attorney, by the City Attorney, or be any interested party on behalf of the aggrieved person.
(5) Any action brought under this subsection shall be filed within one year of the alleged violation.
(e) Special Assessment Lien to Recover Fees or Costs. Any person, the owner or their authorized agent, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists or opposes the execution of any order of the provisions of this Code or any order of the Director of the Department of Building Inspection made pursuant to this Code, will be subject to the placement of a special assessment lien in the amount of the fee owed or delinquent, plus accrued interest, against the real property regulated under this chapter, for failure to pay items, including but not limited to: (1) required annual apartment/hotel license fees per Section 302 of this Code; (2) reinspection fees; and, (3) assessment of costs, pursuant to Sections 102A, 108A and 110A of the San Francisco Building Code.
(f) Continuing or Recurring Conditions Creating a Fire Hazard in Multi-Unit Residential Buildings. The Director of the Department of Building Inspection is expressly authorized, under this subsection (f) and Sections 102A.16.1, 102A.16.1.1, and 102A.16.1.2 of the Building Code, to order the owner of a residential building with three or more dwelling units to do one or more of the following to abate or mitigate a fire hazard in the building that continues or recurs notwithstanding the Department of Building Inspection’s prior issuance of Notices of Violation and Administrative Orders:
(1) install a new fire sprinkler system;
(2) improve an existing fire sprinkler system or upgrade it to current code requirements;
(3) install a new fire alarm and/or detection system; or
(4) improve an existing fire alarm and/or detection system or upgrade it to current code requirements.
For purposes of this subsection (f), a “fire hazard” is as defined in Section 102A.1 of the Building Code.
The Director may exercise this authority in cases where:
(1) notwithstanding the Department’s issuance of two or more NOVs and Administrative Orders under Sections 102A.4 and 102A.7 of the Building Code for violation of the fire safety requirements enforced by the Department of Building Inspection, a fire hazard (as defined in Section 102A.1) continues to exist or recurs after abatement in a residential building with three or more dwelling units; and
(2) while the cited code violations have not risen to the level of an imminent hazard that requires issuance of an emergency order under Section 102A.16 of the Building Code, the violations are so extensive and of such a nature (including but not limited to a nonworking fire alarm or sprinkler system, a nonworking or chronically blocked fire escape, or locked or chronically blocked exits or egress system) that the health and safety of the residents and/or the general public is substantially endangered; and
(3) the property owner either has failed to abate or mitigate the violations in a timely way in accordance with an order issued pursuant to Section 102A.7 of the Building Code, or the violations recur after abatement.
Each NOV or Administrative Order issued pursuant to Sections 102A.4 and 102A.7 of the Building Code that includes a fire safety violation shall provide information about Building Code Section 102A.16.1 et seq. and the consequences for not abating fire safety violations within the specified compliance period. In addition, prior to issuance of a Fire Life Safety Notice and Order, the Building Official will send the warning letter required by Building Code Section 102A.16.1.1.3.
(g) Annual Report to Board of Supervisors.
(1) Six months from the effective date of this ordinance, the Director of the Department of Building Inspection shall provide the Board of Supervisors with information on the implementation of this Section 204.
(2) Each annual report of the Department of Building Inspection transmitted to the Board of Supervisors shall contain a statistical report detailing the number of citations issued during the preceding year, correlated with a general description of the types of violations for which they were issued.
(h) Partial Appropriation of Fines Collected. Up to 25% of the monies collected pursuant to Section 204(a), other than monies mandated by State law to be appropriated for specific purposes, shall be deposited directly to the Department of Building Inspection’s Special Fund to partially offset the costs incurred by the Department of Building Inspection in issuing citations pursuant to this Section 204. for specific purposes, shall be deposited directly to the Department of Building Inspection's Special Fund to partially offset the costs incurred by the Department of Building Inspection in issuing citations pursuant to this Section.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 123-93, App. 4/29/93; Ord. 355-93, App. 11/12/93; Ord. 350-95, App. 11/3/95; Ord. 382-96, App. 10/3/96; Ord. 418-97, App. 10/31/97; Ord. 256-07, App. 11/6/2007; Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
It shall be unlawful for any person to interfere with the posting of any notice provided for in this Code, or to tear down or mutilate any such notice so posted in or upon any building or premises by the Department of Building Inspection, or any other interested department or bureau.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)
The sections and subsections listed herein are retroactive and shall apply to and include existing buildings as defined in Section 401 of this Code:
Section 351. Report of Residential Building Record Required
Section 352. Application for Report of Residential Building Record
Section 353. Inspection of Residential Building and Fee Therefor
Section 501. Space and Occupancy Standards, General
Section 502. Yards and Courts
Section 503. Room Dimensions
Section 504. Light and Ventilation
Section 505. Sanitation
Section 601. Construction, Existing Apartment Houses and Hotels
Section 602. Foundation Ventilation
Section 603. Garages
Section 701. Heating and Ventilation
Section 702. Fire Protective Devices and Facilities
Section 703. Weather Protection
Section 704. Roof Decks and Drying Platforms
Section 705. Security; Purpose
Section 706. Security; Standards
Section 707. Garbage Receptacle Compartments
Section 709. Prohibited Uses
Section 710. Paints or Volatile Liquids
Section 711. Machine Shop, etc.
Section 712. Identification of Utility Shutoff Devices
Section 801. Exits, Stairs and Occupant Load
Section 802. Stairways and Exit Corridors
Section 803. Basement Stairways
Section 805. Stairway to Roof
Section 806. Stairway Enclosures
Section 807. Smoke Barriers
Section 808. Elevator Enclosures
Section 901. Fire Alarms
Section 902. Fire Alarm Systems
Section 903. Wet Standpipes
Section 904. Automatic Sprinkler System
Section 905. Portable Fire Extinguishers
Section 906. Automatic Sprinklers
Section 907. Location of Equipment
Section 908. Maintenance and Repair
Section 909. Smoke Detection and Alarm Systems
Section 910. Heat Detectors
Section 911. Single-Station Smoke Detector with Alarm Required
Section 912. Self-Closing Doors
1103: Section 1103. Records
Section 1201. Residential Energy Conservation, Title
Section 1202. Findings
Section 1203. Intent
Section 1204. Definitions
Section 1205. Energy Inspections
Section 1206. Qualified Energy Inspectors
Section 1207. Proof of Compliance with Minimum Energy Conservation Measures
Section 1208. Exemptions and Postponement
Section 1209. Limitation of Expenditure
Section 1210. Energy Conservation Requirements Upon Major Improvement, etc.
Section 1211. Energy Inspection Requirement at Transfer of Title
Section 1212. Required Energy Conservation Measures
Section 1214. Amortization in Rental Property
Section 1215. Civil Remedies
Section 1216. Fees
Section 1217. Rules
Section 1218. Interim Rules
Section 1219. Ordinance Review
Section 12A01. Title
Section 12A02. Findings
Section 12A03. Intent
Section 12A04. Definitions
Section 12A05. Water Conservation Inspections
Section 12A06. Proof of Compliance with Minimum Water Conservation Measures
Section 12A07. Postponement of Requirements
Section 12A08. Water Conservation Inspection Requirements Upon Major Improvements, etc.
Section 12A09. Water Conservation Inspection Requirements at Transfer of Title
Section 12A10. Required Water Conservation Measures
Section 12A11. Appeal from Results of a Water Conservation Inspection
Section 12A12. Civil Remedies
Section 12A13. Severability
Section 1301. Painting
Section 1302. Courts and Shafts
Section 1303. Wallpaper
Section 1304. Garbage Receptacles
Section 1305. Garbage Receptacle Compartment
Section 1306. Sanitation
Section 1307. Deposit of Rubbish, etc.
Section 1308. Bedding
Section 1309. Towels
Section 1310. Dangerous Articles
Section 1311. Caretaker
Exceptions to the provisions of Sections 904(a)(2) and 911 of this Code may be made with respect to any Qualified Historical Building or Structure (as defined in California Code of Regulations, Title 24, Part 2, Section 218). For such buildings and structures, the Director and the Bureau of Fire Prevention and Public Safety may provide for a suitable system of fire prevention and life safety as an alternative to the provisions of Sections 904(a)(2) and 911.
For purposes of Sections 904(a)(2), 911 and 912, an "existing hotel" shall be deemed to be any hotel as to which a building permit application for construction of the hotel was approved as of the date of the adoption of the ordinance which adds Sections 904(a)(2) and 912 to this Code. All such existing hotels shall be conformed to the requirements of Sections 904(a)(2), 911 and 912 within three years from the date of the adoption of the ordinance which adds Sections 904(a)(2), 911 and 912 to this Code. As to such existing hotels only, the period for compliance with the requirements of Sections 904(a)(2), 911 and 912 may be extended upon showing of good cause for such extension if a systematic and progressive plan of compliance is submitted to the Director and to the Bureau of Fire Prevention and Public Safety. Such extension shall not exceed two years from the date of approval of such plan, and any plan of compliance submitted pursuant to this subdivision shall be submitted and approved within three years from the date of the adoption of the ordinance which adds Sections 904(a)(2) and 912 to this Code.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 381-90, App. 10/24/90; Ord. 160-92, App. 6/4/92; Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009; Ord. 29-13, App. 2/26/2013, Eff. 3/26/2013)
The City and County of San Francisco hereby assumes responsibility for the enforcement of the Health and Safety Code, Division 13, Part 2.1 (Mobile Homes Park Act) and related regulations of Title 25, California Code of Regulations within the City and County of San Francisco.
The Department of Building Inspection is hereby designated as the enforcing agency.
The fees as required to be charged by Chapter 5, Title 25, California Administrative Code shall be those collected by the City and County of San Francisco for the enforcement of such regulations.
The effective date of enforcement by the City and County of San Francisco shall be November 1, 1977.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)