San Bernardino Municipal Code Ch. 15.25 Multi-Family Rental Housing Fire Inspection Program

The multi-family rental housing fire inspection program is a part of the city’s overall effort to encourage upkeep of multi-family rental housing units. Owners of these types of structures will be required to maintain these units in accordance with applicable housing, building and property maintenance standards as adopted by the city. Recent fires in the city have resulted in property damage, personal injuries, and loss of life in multi-family rental housing units. Cal. Health and Safety Code § 13146.2(a) requires city fire departments to inspect multi-family rental housing units annually.

(Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of San Bernardino.

FIRE MARSHAL. The division head of the San Bernardino City Fire Department Fire Prevention Division or his/her designee.

MULTI-FAMILY RENTAL HOUSING COMPLEX. A multi-unit residential structure consisting of four or more units existing on one parcel of land.

MULTI-FAMILY RENTAL HOUSING UNIT or UNIT. Any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land and is occupied or intended to be occupied on a rental basis. For the purpose of this chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:

(1) Hotels or motels (transient).

(2) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.

(3) Mobile home parks.

OCCUPANT. Any person who occupies a unit, whether as an owner or tenant or permittee of the owner.

OWNER. A single individual or entity that has any kind of ownership interest whether as an individual, partner, joint ventures, stock owner, or some other capacity.

PERSON. The individual, partnership, corporation or association or the rental agent of any of the foregoing.

(Ord. MC-930, passed 1-11-1995; Ord. MC-1027, passed 9-9-1998; Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)

The provisions of this chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.

(Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)

(A) Pursuant to Cal. Health and Safety Code § 13146.2, any multi-family rental housing complex containing four or more units on a single parcel shall be subject to an annual inspection of the interior and exterior by the Fire Marshal for compliance with applicable sections of state and local fire codes relating to housing, building and property maintenance.

(B) The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing complex at least three weeks before the scheduled annual inspection. The owner(s) of the multi-family rental housing complex shall give written notice to all tenants at least one week before the scheduled annual inspection.

(C) The owner(s) of the multi-family rental housing complex shall pay a fee to the city, in an amount set by resolution of the Common Council, sufficient to pay the costs of the Fire Marshal’s annual inspection pursuant to this chapter.

(D) Any owner(s) of a multi-family rental housing complex who fails to permit the annual inspection by the Fire Marshal pursuant to this chapter, shall be guilty of an infraction or misdemeanor punishable in accordance with San Bernardino Municipal Code Chapter 1.12.

(E) Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for the costs of the Fire Marshal’s annual inspection pursuant to this chapter, shall be guilty of an infraction punishable in accordance with San Bernardino Municipal Code Chapter 1.12.

(Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)

Where the Fire Marshal’s annual inspection pursuant to this chapter identifies a violation(s) of state or local fire codes relating to housing, building, or property maintenance, the Fire Marshal may issue an administrative citation to the property owner(s) in accordance with San Bernardino Municipal Code Chapter 9.92.

(Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)

It shall be considered a public nuisance to have or maintain any rental property which fails to comply with state and local laws as they relate to fire codes, housing standards, property maintenance, building codes or local zoning requirements. The Fire Marshal shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in the California Fire Code Article 1 and Chapter 8.30 of the municipal code.

(Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)

(A) Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies.

(B) The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.

(Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004; Ord. MC-1666, passed 8-5-2026)