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(a) The following records shall be filed with the Fire Department, in the form and format prescribed by the Fire Department:
(1) Records of all periodic five-year inspections of water-based automatic extinguishing systems, as required under California Code of Regulations, Title 19, Division 1, Section 904(a); and
(2) Records of all annual inspections and testing of fire alarm and fire detection systems, as required under Section 907.8 of the Fire Code and NFPA 72.
(b) The Fire Department may require that other records be filed with the Fire Department, in the form and format prescribed by the Fire Department.
(c) The failure to file required records with the Fire Department shall constitute a violation of the Fire Code, and may be subject to a notice of violation and other penalties under the standards and according to the procedures set forth in Section 112 of the Fire Code, as may be amended from time to time.
(Added by Ord. 31-24, File No. 231163, App. 2/16/2024, Eff. 3/18/2024, Oper. 9/14/2024)
(a) It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, charge, store, use, occupy, or maintain a building, occupancy, premises, system, conveyance, battery, or vehicle, or any portion thereof, or cause the same to be done, in violation of any of the provisions of this code.
(b) It shall be unlawful for a person to engage in any activity for which a permit is required under this code without the required permit, or to engage in any activity in violation of conditions set in a permit issued under this code.
(Amended by Ord. 34-24, File No. 231165, App. 2/21/2024, Eff. 3/23/2024)
The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section:
(a) Except as provided in subsection (c), the person responsible for a violation that pertains to a building, occupancy, premises, system, or vehicle is the owner of the building, occupancy, premises, system, or vehicle.
(b) The person responsible for a violation that pertains to an activity conducted without a permit required under this code or in violation of a permit issued under this code is the person engaging in that activity, except that if the person engaging in the activity is the employee of a business and is performing the activity in the course and scope of his or her employment, the owner of the business is the person responsible.
(c) The person responsible for a violation of Section 108.6 or Section 1031.2 is the owner of the business operating at the building or premises.
The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section:
In addition to the above remedies or other remedies authorized by law, in cases where there is a continuing or recurring fire hazard in a residential building with three or more dwelling units, the fire code official may issue a Fire Life Safety Notice and Order that requires the owner of the building to do one or more of the following to abate or mitigate the fire hazard: (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 Section 112.3, a “fire hazard” is defined in Section 102A.1 of the San Francisco Building Code.
The fire code official may exercise this authority in cases where the fire official has determined that:
(b) While the cited code violations have not risen to the level of an imminent hazard, they are so extensive and of such a nature (including but not limited to a nonworking fire alarm or sprinkler system, a broken or deteriorated fire escape or egress system, or locked or permanently blocked exits) that the health and safety of the residents and/or the general public is substantially endangered; and
(c) The property owner has failed to abate or mitigate the violations in a timely way in accordance with an order issued pursuant to Section 112.4.3(g) of this Code.
Each notice of violation or administrative citation for a fire hazard issued pursuant to Sections 112.4 or 112.5 shall provide information about the Fire Life Safety Notice and Order 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 fire code official shall send a letter by regular and certified mail to the building owner at the address listed with the Assessor-Recorder’s Office and to the persons or entities listed in subsection (b) below informing them that because the building has been cited with two or more notices of violation for a fire hazard under Section 112.4 or administrative citations under Section 112.5 of this Code, the owner is a potential recipient of a Fire Life Safety Notice and Order.
All the notice and hearing procedures set forth in Section 112.4.3 shall apply to a Fire Life Safety Notice and Order, except as that procedure may be modified below.
(a) The Fire Life Safety Notice and Order shall:
(1) Be signed by the fire code official 1
(2) Set forth the street address of the building and a description of the building or property sufficient for identification;
(3) Identify each code violation that the fire code official has determined is a fire hazard substantially endangering the health and safety of the residents and/or the general public;
(4) Specify the fire safety installation, improvement, and/or upgrades required; and
(5) Contain time frames required for compliance with the order.
(b) The fire code official shall serve the Fire Life Safety Notice and Order by certified mail on the building owner(s) at the address listed with the Assessor-Recorder’s Office. A copy shall also be sent by certified mail to:
(1) The person, if any, in real or apparent charge and control of the premises involved;
(2) The holder of any mortgage, deed of trust, lien, or encumbrance of record; and
(3) The owner or holder of any other estate or interest in the building or property, or the land on which it is located.
(c) The fire code official shall post a copy of the Fire Life Safety Notice and Order in a conspicuous place on the subject property and either mail or deliver a copy to the resident(s) of each unit on the subject property.
(d) Unless the building owner demonstrates to the fire code official’s satisfaction that the owner has made substantial progress in complying with the Fire Life Safety Notice and Order, if the building owner has not complied with said Notice and Order according to the required time frames the fire code official shall schedule an administrative hearing to be held no later than 14 days after the compliance deadline.
(e) If an Administrative Hearing is held, the fire code official shall attend the hearing, which shall be conducted by a designated Hearing Officer. A written decision signed by the fire code official shall be issued no later than 30 days after the hearing.
(f) A copy of the fire code official’s written decision shall be recorded in the Assessor-Recorder’s Office.
(g) The fire code official shall refer the case to the City Attorney for its review and possible action within 90 days after recording said Notice and Order.
CODIFICATION NOTE
The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section:
(a) When the fire code official finds a building, occupancy, premises, system, or vehicle, or any portion thereof, that is in violation of this code, the fire code official shall, within 15 days, prepare a written notice of violation, which shall identify the code sections violated, describe the violation, and, where applicable, require correction of the violation. The notice of violation shall also set forth the penalties, fees, and costs for the violation. The notice of violation shall also identify the violation as a priority complaint, for violations presenting immediate life safety issues, or a standard complaint, for all other violations. When correction is not immediate, the notice of violation shall specify a time for compliance and re-inspection.
(b) When the fire code official finds a person performing any activity requiring a permit under this code without the required permit, or conducting an activity in violation of conditions set in a permit issued under this code, the fire code official may prepare a written notice of violation, which shall identify the code sections violated and describe the violation. The notice of violation shall also set forth the penalties, fees, and costs for the violation. The notice of violation shall also identify the violation as a priority complaint, for violations presenting immediate life safety issues, or a standard complaint, for all other violations. In addition, the fire code official may issue a stop work order under Section 113, requiring the person to immediately cease performing the activity.
The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section:
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