San Francisco County Municipal Code Art. XLII Fire Code Technical Advisory

The Board of Supervisors hereby establishes the Fire Code Technical Advisory Council (the “Council”) of the City and County of San Francisco. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026)

(Former Sec. 5.42-1 added by Ord. 295-19, File No. 191102, App. 12/20/2019, Eff. 1/20/2020; expired 12/31/2021)

San Francisco Fire Code Section 1103.5.4, requires certain existing high-rise residential buildings to install an automatic sprinkler system by January 1, 2035. The purpose of the Council is to evaluate, further define, and advise the Board of Supervisors, Mayor, and the Fire Department, on the criteria and types of evidence the Fire Marshal shall consider in determining whether to approve alternate methods and materials, waive specific individual requirements, and grant necessary extensions of time, as permitted in Section 1103.5.4. The Board of Supervisors may adopt legislation to implement the recommendations of the Council as necessary. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026) (Former Sec. 5.42-2 added by Ord. 295-19, File No. 191102, App. 12/20/2019, Eff. 1/20/2020; expired 12/31/2021)

(a) The Council shall consist of 11 voting members. Seats 1 through 6 shall be appointed by the Board of Supervisors. (1) Seat 1 shall be held by a property owner or building manager of a building subject to the requirements of Section 1103.5.4 of the San Francisco Fire Code. (2) Seat 2 shall be held by a non-owner tenant of a building affected by Section 1103.5.4. (3) Seat 3 shall be held by a duly authorized homeowners’ association representative of a building subject to the requirements of Section 1103.5.4. (4) Seat 4 shall be held by a person who holds an active C-16 fire protection contractor license issued by the California Contractors State License Board (CA-CSLB), as defined in California Code of Regulations, Title 16, Division 8, Article 3. (5) Seat 5 shall be held by a construction professional with experience in either general labor or a skilled trade. (6) Seat 6 shall be held by a professional architect who holds an active license issued by the California Architects Board or a professional structural engineer who holds an active license issued by the California Board for Professional Engineers, Land Surveyors, and Geologists. (7) Seat 7 shall be held by an employee of the Controller’s Office appointed by the Controller. (8) Seat 8 shall be held by an employee of the Fire Department appointed by the Fire Chief. (9) Seat 9 shall be held by an employee of the Department of Building Inspection, appointed by the Director of the Department of Building Inspection. (10) Seat 10 shall be held by an employee of the Public Utilities Commission, appointed by the General Manager of the Public Utilities Commission. (11) Seat 11 shall be held by a member of the Board of Supervisors appointed by the President of the Board of Supervisors; the appointed Supervisor may designate a legislative assistant to serve in the Supervisor’s seat. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026) (Former Sec. 5.42-3 added by Ord. 295-19, File No. 191102, App. 12/20/2019, Eff. 1/20/2020; expired 12/31/2021)

(a) Members of the Council shall serve at the pleasure of their appointing authority and may be removed by their appointing authority without cause. (b) The Fire Department shall provide administrative support for the Council. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026) (Former Sec. 5.42-4 added by Ord. 295-19, File No. 191102, App. 12/20/2019, Eff. 1/20/2020; expired 12/31/2021)

(a) The Council shall have the power and the duty to advise the Board of Supervisors, Mayor, and the Fire Department on the criteria and types of evidence the Fire Marshal should consider in determining whether to approve alternate methods and materials, waive specific individual requirements, and grant necessary extensions of time, as permitted in Section 1103.5.4.4. In addition, the Council shall develop definitions for the following terms used in Section 1103.5.4.4: “reasonable degree of fire protection”; “alternative protection”; “not physically possible”; “disproportionate effort”; and “undue hardship.” (b) In developing criteria and definitions described in subsection (a), the Council shall consider all documents and information submitted to it, including but not limited to the Public Utilities Commission’s response to a December 16, 2025 Letter of Inquiry from a member of the Board of Supervisors seeking information related to water capacity and sprinkler retrofits, and all reports prepared by the Budget and Legislative Analyst related to or regarding residential high rise sprinkler retrofits. (c) No later than 90 days following its first meeting, the Council shall submit to the Board of Supervisors, the Mayor, and the Fire Department its findings and recommendations. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026) (Former Sec. 5.42-5 added by Ord. 295-19, File No. 191102, App. 12/20/2019, Eff. 1/20/2020; expired 12/31/2021)

(a) The Fire Chief or their designee shall set the inaugural meeting of the Council not more than 60 days following the appointment of a quorum of the members of the Council. The Fire Chief or their designee shall provide at least ten days’ public notice of the Council’s inaugural meeting. Following the inaugural meeting, the Council shall hold a regular meeting not less than twice each month during the first 90 days following its first meeting, and thereafter shall continue to meet no less than once per month until its sunset as provided in Section 5.42-7. (b) The Council shall elect a chair and such other officers as it deems appropriate and may establish bylaws and rules for its organization and procedures. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026)

Unless the Board of Supervisors by ordinance extends the term of the Council, this Article XLII shall expire by operation of law, and the Council shall sunset, one year after its first meeting. In that event, and after the sunset date, the City Attorney shall cause this Article XLII to be removed from the Administrative Code. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026)

In enacting and implementing this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 74-26, File No. 260216, App. 4/30/2026, Eff. 5/31/2026)