San Francisco County Municipal Code Part I General Provisions

SECTION 101. – [DELETED]. Section 101 of the International Fire Code is deleted.

SECTION 102. – APPLICABILITY. 102.3.1. Group E. All schools shall register with the San Francisco Fire Department’s Bureau of Fire Prevention prior to occupancy. The following San Francisco Fire Code section replaces the corresponding International Fire Code section: 102.6. [For SF] Historic Buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. SECTION 103. – [DELETED]. Sections 103.1 through 103.3 of the International Fire Code are deleted. SECTION 104. – GENERAL AUTHORITY AND RESPONSIBILITIES. 104.1.1. Administrative Bulletins. The Fire Department is authorized to issue Administrative Bulletins that establish or clarify requirements under this code, provide interpretations of this code, and set policies and procedures of the Bureau of Fire Prevention. These bulletins shall be posted on the Fire Department’s website. 104.1.2. New Administrative Bulletins; Revisions to Existing Administrative Bulletins. When the fire code official determines that it is appropriate to develop or revise an Administrative Bulletin (“Bulletin”), the Fire Department shall post the proposed new or revised Bulletin on its website for 30 days, and provide notice of that Bulletin to parties who have registered to receive notice on the Department’s website. The posting shall include instructions for providing written comments on the proposed Bulletin and notice of a public hearing regarding the proposed Bulletin. The fire code official shall conduct a public hearing on the proposed Bulletin to obtain public comment. The hearing shall be held after the 30-day posting period. The Fire Commission shall approve any proposed new or revised Bulletin at a noticed meeting. A Bulletin shall not be effective until approved by the Fire Commission. The fire code official and the Fire Commission may amend the proposed Bulletin during the approval process without re- posting the Bulletin for 30 days. 104.6.2.1. Inspection Photographs. The fire code official is authorized to take photographs during inspections as deemed appropriate by the fire code official. 104.10.2. Investigation Photographs. The fire code official is authorized to take photographs during fire investigations as deemed appropriate by the fire code official. 104.10.3. Reward.

The Mayor is authorized to offer a reward for the arrest and conviction of any person found guilty of arson or attempted arson according to the California Penal Code. SECTION 105. – PERMITS. The following San Francisco Fire Code section replaces the corresponding California Fire Code section: 105.1.1. [For SF] Permits Required. Any person who engages in an activity for which an operational permit is required under Section 105.5 shall obtain the appropriate permit from the fire code official prior to engaging in the activity. Any person installing or modifying systems or equipment that require construction permits under Section 105.6 shall obtain a building permit from the San Francisco Department of Building Inspection prior to the start of work. Any person applying for a permit shall pay permit fees, as required by Section 108, and any fees required by other departments as applicable, prior to the applicable Department issuing the permit. The permit holder shall keep the permit on the premises designated therein at all times and shall make the permit readily available for inspection by the fire code official. The following San Francisco Fire Code section replaces the corresponding California Fire Code section: 105.1.3. [For SF] Multiple Permits for the Same Location. When more than one Fire Department permit is required for the same location, the fire code official may consolidate the permits into a single permit at the time of issuance. The applicant shall pay a fee for permit consolidation as specified in Section 108.2.1. The following San Francisco Fire Code section replaces the corresponding International Fire Code section: 105.2.3. [For SF] Time Limitation of Application. The fire code official is authorized to cancel a permit application when the applicant fails to make corrections or to provide additional information required by the fire code official within 180 days after filing the application. 105.2.5. Hearing for Certain Permits. Certain permit applications are subject to hearings in accordance with San Francisco Business and Tax Regulation1 Code, Article 1,

CODIFICATION NOTE

1. So in Ord. 39-26. The following San Francisco Fire Code section replaces the corresponding International Fire Code section: 105.3.1. [For SF] Expiration. An operational permit shall remain in effect until re-issued, renewed, or revoked, or for such a period of time as specified in the permit. Construction permits shall be administered through the San Francisco building permit process in accordance with the San Francisco Building Code. Permits are not transferable, and a new permit is required for any change in occupancy, operation, tenancy, or ownership. 105.3.9. License. When San Francisco Business and Tax Regulation1 Code, Article 1, Section 23, requires a license in conjunction with the issuance of a permit, the fire code official shall forward an approved permit to the Tax Collector for issuance. Exception: Permits for permitted activities occurring on Port of San Francisco property are administered separately. CODIFICATION NOTE
2. So in Ord. 39-26. The following San Francisco Fire Code section replaces the corresponding California Fire Code section:

105.5.25. [For SF] Hot Work Operations. An operational permit is required for hot work including, but not limited to:

1. Public exhibitions and demonstrations where hot work is conducted.
2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit.
3. Fixed-site hot work equipment such as welding booths.
4. Hot work conducted within a wildfire risk area.
5. Application of roof coverings and any other associated work while roofing or waterproofing the exterior surfaces of a building with the use of an open-flame device.
6. When approved, the fire code official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees for hot work operations under their supervision. The following San Francisco Fire Code section replaces the corresponding International Fire Code section: 105.5.30. [For SF] LP-Gas (Liquified Petroleum Gas). An operational permit is required for storage and use of LP-gas. Exception: A permit is not required to use one LP-fueled cooking device per building or to store one additional cylinder with a 20 lb. (9.1 kg) aggregate water capacity outside of the building of residential occupancies. See Section 308.1.4 for additional requirements. The following San Francisco Fire Code section replaces the corresponding International Fire Code section: 105.5.37. [For SF] Open Flame and Torches. An operational permit is required to use a torch or open-flame device in a wildfire risk area. The following San Francisco Fire Code section replaces the corresponding California Fire Code section: 105.5.40. [For SF] Outdoor Assembly Event. An operational permit is required to conduct an outdoor assembly event where planned attendance meets either of the following:
7. The event is enclosed by a temporary or permanent fence, barricade, or similar enclosure and exceeds 500 persons.
8. The event exceeds 1000 persons in any outdoor area. 105.5.60. Lead-Acid Battery Systems. An operational permit is required for stationary storage systems having a liquid capacity of more than 50 gallons (189L) of electrolyte. 105.5.61. Mobile Food Vendor Carts. An operational permit is required for mobile food vendor carts equipped with appliances that use flammable gases, flammable liquids, compressed gases, open flames or other energy source(s). 105.5.62. Mobile Fueling (Dispensing). An operational permit is required for mobile fueling operations carrying a liquid capacity in excess of 10 gallons (38L), in aggregate, of flammable or combustible liquids. 105.5.63. Mobile Fueling Location. An operational permit is required for each location where mobile fueling operations will occur as part of a regular delivery service into vehicles not associated with a construction site.

105.5.64. Indoor Cannabis Cultivation. An operational permit is required to cultivate cannabis inside any building, green house, pier, shed, or any other structure. 105.5.65. Emergency Responder Communication Enhancement System. An operational permit is required to operate an emergency responder communication enhancement system (ERCES). 105.6.26. [For SF] Car Stacking Parking Systems. A construction permit is required to install car stacking parking systems in buildings. [SECTION 106. – CONSTRUCTION DOCUMENTS.] The following San Francisco Fire Code section replaces the corresponding California Fire Code section: 106.1. [For SF] Submittals. Construction permit applicants shall submit documents and supporting data in accordance with procedures established in the 2025 San Francisco Building Code and San Francisco Fire Department Administrative Bulletins when applicable. The following San Francisco Fire Code section replaces the corresponding California Fire Code section: 106.4. [For SF] Retention of Construction Documents. The building official shall be the custodian of approved construction documents in accordance with procedures established in the San Francisco Building Code. SECTION 108. – FEES. The following San Francisco Fire Code Section 108 replaces the corresponding International Fire Code Section 108: 108.1. [For SF] General. The Fire Department shall assess fees in accordance with the provisions of this section. 108.2. [For SF] Operational Permit Filing Fees. The filing fee for operational permits is set forth in Table 108-A. Inspections necessary for permit issuance that require more than two hours to complete shall be subject to an additional fee of $153 for each hour. The Fire Department shall not issue a permit until the fees are paid. 108.2.1. [For SF] Consolidation of Operational Permits Fee. The fee for consolidation of operational permits is $95.00 for each activity added to the original permit. 108.2.2. [For SF] Posting Fee. The fee for posting notice of application for certain permits are set in the San Francisco Business and Tax Regulation1 Code, Article I,

CODIFICATION NOTE

1. So in Ord. 39-26. 108.2.3. [For SF] Permit Fees for Vendors at Street Fairs Involving Temporary Street Closures (ISCOTT). Permit fees for vendors at street fairs involving temporary street closures are set in the San Francisco Transportation Code, Division 1, Article 6, Section 6.4.3. (Amended by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026) 108.3. [For SF] Construction Permit Fees. The Central Permit Bureau at the Department of Building Inspection collects construction permit (building permit) fees in accordance with the San Francisco Building Code. When the Fire Department conducts plan review for buildings or portions of buildings under its authority, the Department will assess plan review fees in accordance with Section 108.4. When the Fire Department conducts inspections for buildings or portions of buildings under its authority, the Department will assess inspection fees in accordance with Section 108.5. 108.4. [For SF] Plan Review Fees. Upon application for a permit for the erection of a new building or for alteration work for which plans are required by the Department of Building Inspection, the Central Permit Bureau shall charge and collect a fee to compensate the Fire Department for its costs of reviewing plans submitted with building permit applications for compliance with fire safety regulations. The fee shall be based on the valuation of the work as determined by the Department of Building Inspection. The fee for each permit is set in Table 108-B. The Fire Department shall assess a fee in the amount of $153 per hour to review revisions to any previously approved plans. The Central Permit Bureau shall collect the fee before issuing the permit. 108.5. [For SF] Field Inspection Fees. When the Fire Department determines a field inspection is required to verify that building construction is in compliance with fire safety regulations and this code, it shall notate the application accordingly to provide notice to the Central Permit Bureau. The Central Permit Bureau shall collect the inspection fee due, before issuing a building permit. The fee for each permit is set in Table 108-C. Initial field inspection fees will be charged for inspections of new fire alarm, sprinkler, and gaseous suppression systems per the notation in Table 108-C. After building permit issuance, when the fire code official notifies the applicant that additional inspection time is required over the amount of time set in Table 108-C, the applicant shall purchase additional inspection time before the inspector schedules additional inspections. The Fire Department shall collect a fee of $153 per hour for the cost of providing the inspection service. 108.6. [For SF] Pre-Application Plan Review. When an applicant wishes to discuss specific design issues or submit preliminary designs for review and comment by the Fire Department before the applicant submits a formal application for permit, the Fire Department shall assess a fee of $612. This fee provides the applicant with up to two hours for research and two hours to meet with Fire Department personnel. When the time spent by the Fire Department exceeds these hours, the Department shall assess additional fees at the rate of $153 per hour. 108.7. [For SF] Re-Inspection of Violation Fees. If the fire code official issues a notice of violation under this code, the notice of violation may set a period of time that is reasonable to remedy the violation, and the fire code official may reinspect the property to verify that the person responsible has made the required correction. The Fire Department shall collect a fee in the amount of $306 for re-inspections. If the time required for the re-inspection exceeds one hour, the Fire Department shall assess an additional fee at the rate of $153 per hour. 108.8. [For SF] High-Rise Inspection Fees. For inspections of high-rise structures pursuant to Section 13217 of the California Health and Safety Code, the owner of the structure shall pay a fee to cover the Fire Department’s costs of inspection. The Department shall calculate the fee on the basis of $15.67 per 1000 square feet of gross floor area. 108.8.1. [For SF] Gross Floor Area. For purposes of this section, the term “gross floor area” is defined as the entire area of each floor, attic, basement or shaft of a building included within the exterior walls of a building, including any portion not included within the exterior walls that is under the horizontal projection of the roof or floor above.

108.9. [For SF] Referral Fees. If a government agency requests a preliminary site inspection or survey of a premise for compliance with this code or other regulatory codes enforced by the Fire Department, the Fire Department shall collect a service fee of $153 per hour for the on-site inspections and consultations. When the referral inspection is requested by another San Francisco agency, the requesting agency shall transfer the fee to the Fire Department through electronic transfer. The requesting agency shall pay the fee before scheduling the inspection or consultation. Fees referenced in the California Health and Safety Code take precedence over this fee. 108.10. [For SF] Overtime Fee. If a person requests an inspection or other service that requires the assigned Fire Department employee to work outside of the employee’s normal working schedule, the Department will charge an overtime fee of $164.00 per hour. The person requesting the services shall pay the fee before the inspection or other service is performed. The minimum compensation is four (4) hours. 108.11. [For SF] Collection of Other Fees. The fire code official may collect fees as required by other portions of the San Francisco Municipal Code for services by other City departments pertinent to the issuance of permits required by this code. 108.12. [For SF] Water Flow Request Fee. Upon a request from a person for water flow information, the Department will charge a water flow fee of $153. If the information requested requires that Fire Department employees perform an on-site water flow test, the Department will charge a fee of $459. 108.13. [For SF] False Alarm Fees. The Fire Department shall charge a service fee of $250 for each false fire alarm to which the Department responds after the first two false fire alarms at that address within any calendar year. The Fire Department shall charge a service fee of $500 for each false fire alarm to which the Department responds after the first five false fire alarms at that address within any calendar year. The fire code official may waive the false alarm fee for good cause as determined by the Chief. The Fire Department shall send notice of the fee to the responsible person, requiring payment within 30 days of the date of the notice. 108.14. [For SF] Residential Apartment/Hotel Inspection Fee. The Fire Department shall charge an inspection fee of $188.00 to inspect buildings under the R1 and R2 Residential Apartment/Hotel Inspection Program. 108.15. [For SF] Voluntary Seismic Retrofit Fee Waiver. Notwithstanding the fees established herein, if a project involves voluntary seismic retrofit upgrades to soft-story, wood-frame buildings, as defined by the Director of the Department of Building Inspection, the project applicant is exempt from the proportionate share of plan review fees specified under this code that related to the retrofit work. 108.16. [For SF] Cost Recovery Related to Vehicle Incidents. (a) The Fire Department may submit a claim to recover its reasonable costs incurred responding to a motor vehicle incident in the City and County of San Francisco where a person has willfully or negligently caused or permitted the contents of a motor vehicle to be deposited on a street or highway, or its appurtenances, and the Fire Department removes those vehicle contents from the street or highway, or its appurtenances. Vehicle contents may include gas, oil and vehicle debris. The Fire Department shall submit the claim to the insurance company of the person responsible for willfully or negligently causing or permitting the vehicle contents to be deposited on the street or highway, or its appurtenances. (b) The Fire Department shall submit claims in the following amounts:

Description of Incident Charge One suppression unit provided vehicle content removal (one hour or less) $249 Two or more suppression units provided vehicle content removal (one hour or less) $598 Any incident where the vehicle content removal exceeds one hour An amount based on the reasonable time and materials costs incurred

(c) After a notice hearing, the Chief of the Fire Department may promulgate rules to effectuate the purposes of this section or to facilitate the claim process. 108.17. [For SF] Small Business Month Fee Waivers. Notwithstanding the fees established herein, all plan review and inspection fees related to reviewing the structural integrity of awning replacements, and installation of pedestrian level lighting for permits submitted “over the counter” at the Central Permit Bureau are hereby waived for any Small Business that applies for a permit for such activities during the month of May. No plan review and inspection fees shall apply to a Small Business that applies for a permit for a new awning installation or installation of a Business Sign, as that term is defined in Planning Code Section 602, during the months of May 2023 and May 2024. For purposes of this Section, a Small Business shall be a business with a total workforce of 100 or fewer full-time employees. 108.18. [For SF] Filing Fees. Where records are required to be filed with the Fire Department pursuant to Fire Code Section 110.3.1, or as otherwise required by the Fire Department, the Fire Department shall charge a filing fee. The fee for each filing is set in Table 108-D in Section 108.21. 108.19. Reserved. 108.20. Reserved. 108.21. [For SF] Fee-Setting Procedure. (a) No later than a date that the Controller shall prescribe, the Chief of the Department shall annually report the revenues received from each type of fee the Department collects. The report shall include the costs, both direct and indirect, the Department incurs in providing the services for which each fee is assessed, the anticipated costs for the ensuing fiscal year, the level of service the Department anticipates it will provide for each service for which it charges a fee, and the rate that would be necessary to support each service. The Controller shall file the report with the Board of Supervisors no later than July 1st of each year. If the fees are insufficient to recover SFFD costs, or if the fee recovers more than the actual costs, the Controller shall submit legislation to the Board of Supervisors to ensure that over time the City fees do not exceed the cost of providing the service for which the City charges the fee. The amount of the license fee for the Fire Department permit for the 2025-2026 fiscal year shall be as set forth in the Business and Tax Regulations Code Section 75 et seq. (b) Beginning with the set of fees for fiscal year 2019-2020, and each fiscal year thereafter, the Controller shall annually adjust the Department’s fees as provided in this section to the extent necessary to ensure that over time each departmental fee does not exceed the cost of providing the service for which the City charges the fee. This process will occur as follows. The Chief of the Department shall annually report to the Controller the revenues received from each type of fee the Department collects for the immediately preceding year. The report shall include the costs, both direct and indirect, the Department incurred in providing the services for which each fee is assessed, the anticipated costs for the ensuing fiscal year, the level of service the Department anticipates it will provide for each service for which it charges a fee, and the rate that would be necessary to support each service. No later than April 15 of each year, the Chief of Department shall submit this report and SFFD’s current fee schedule to the Controller. No later than July 1 of each year, the Controller shall make such adjustments to the fees as are necessary to comply with this ordinance and file a report with the Board of Supervisors reporting the new fee schedule as adjusted under this ordinance and certifying that: (1) each will produce sufficient revenue to support the costs of providing the services for which the fee is charged and (2) each fee will not produce revenue that exceeds the costs of providing the services for which each permit fee is charged. No later than September of each year, SFFD’s fee schedule showing the current fee amounts inclusive of annual adjustments shall be published in an Appendix to the Fire Code, posted on SFFD’s website, and made available upon request at SFFD headquarters. TABLE 108-A. – OPERATIONAL PERMIT FEES. TYPE OF PERMIT FEE TYPE OF PERMIT FEE Additive Manufacturing $436 Aerosol Products, Regulated Activities $436 Amusement Buildings, Operation $436 Aviation Facilities, Regulated Activities $436 Aviation Facilities, Aircraft Refueling Vehicle $436

Battery System, Operation $436 Carnivals and Fairs, Operation $436 Cellulose Nitrate Film, Regulated Activities $436 Combustible Dust-Producing Operations $436 Combustible Fiber, Regulated Activities $436 Compact Mobile Food Vendor Carts $95 Compressed Gas, Regulated Activities $436 Conditional Use $95 Covered Mall Buildings, Operation $436 Cryogenic Fluids, Regulated Activities $436 Cutting and Welding, Operation $436 Dry Cleaning Plant, Operation $436 Energy Storage Systems $436 Exhibits and Trade Shows, Operation $436 Explosives, Regulated Activities (includes Fireworks) $436 Fire Hydrants and Valves $436 Firefighter Air Systems, Maintenance $436 Floor Finishing $436 Flammable or Combustible Liquids, Regulated Activities $436 Fruit and Crop Ripening $436 Fumigation and Thermal Insecticidal Fogging $436 Hazardous Materials, Regulated Activities $436 Hazardous Production Material (HPM) Facilities $436 High-Piled Storage $436 Hot Work Operations, Regulated Activities $436 Indoor Cannabis Cultivation $436 Industrial Ovens $436 Liquid- or gas-fueled vehicles or equipment in assembly buildings $436 Liquefied Petroleum Gases (LPG), Regulated Activities $436 Lithium Batteries $436 Live Audience, Production Facility, Studio, Sound Stage $436 Lumberyards and Woodworking Plants $436 Magnesium Processing $436 Miscellaneous Combustible Storage $436 Mobile Food Preparation Vehicles $436 Mobile Fueling-Dispensing $436 Mobile Fueling Location (each) $436 Mobile Fueling of Hydrogen-Fueled Vehicles $436 Motor Fuel-Dispensing Facilities $436 Open Burning $436 Open Flame and Candles in Assembly Areas $436 Open Flame and Torches – Wildfire Risk Area $436 Organic Coating, Manufacturing $436 Outdoor Assembly Event $436 Place of Assembly $436 Place of Assembly – Permanent Occupancy for Non-Profit Group $0 Plant Extraction Systems $436 Private Fire Hydrant - Remove, Use, or Operate $436 Pyrotechnic Special Effects Material $436 Pyroxylin Plastics $436 Refrigeration Equipment $436

Repair Garages and Motor Fuel Dispensing Facilities $436 Rooftop Heliports $436 Spraying or dipping - Operational $436 Temporary Membrane Structures and Tents $436 Tire Rebuilding Plants $436 Waste Handling, Regulated Activities $436

TABLE 108-B. – PLAN REVIEW FEES. VALUATION FEE VALUATION FEE $1.00 TO $2,000 $90.29 for the first $1,000 plus $86.9038 for each additional $1,000 or fraction thereof, to and including $2,000 $2,001 TO $50,000 $179.21 for the first $2,000 plus $16.7832 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 TO $200,000 $1,003.52 for the first $50,000 plus $6.7315 for each additional $1,000 or fraction thereof, to and including $200,000 $200,001 TO $500,000 $2,037.26 for the first $200,000 plus $3.1393 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 TO $1,000,000 $3,000.95 for the first $500,000 plus $2.0955 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 TO $5,000,000 $4,072.99 for the first $1,000,000 plus $1.5931 for each additional $1,000 or fraction thereof, to and including $5,000,000 $5,000,001 $10,593.25 for the first $5,000,000 plus $0.8033 for each additional $1,000 or fraction thereof

NOTATION TO TABLE 108-B: EVACUATION SIGNAGE: Plan review beyond thirty minutes will be assessed at an hourly rate of $153 per hour. TABLE 108-C. – FIELD INSPECTION FEES (See notation for additional fees). VALUATION FEE/INSP. TIME CREDIT Over Not More Than VALUATION FEE/INSP. TIME CREDIT Over Not More Than $0 $10,000 $153 ONE HOUR $10,001 $50,000 $306 TWO HOURS $50,001 $500,000 $459 THREE HOURS $500,001 $5,000,000 $765 FIVE HOURS $5,000,001 $10,000,000 $1,530 TEN HOURS $10,000,001 $25,000,000 $3,060 TWENTY HOURS $25,000,000

$4,590 THIRTY HOURS

NOTATION TO TABLE 108-C:

NEW FIRE ALARM SYSTEMS $306 TWO HOURS NEW SPRINKLER SYSTEMS $459 THREE HOURS NEW GASEOUS SUPPRESSION SYSTEMS $306 TWO HOURS

This initial minimum inspection fee covers all inspections up to the hours specified above. If the inspections for the new system exceed the hours specified above, additional hourly fees will be assessed. TABLE 108-D. – FILING FEES

TYPE OF FILING FEE Record Of 5-Year Inspection & Testing Of Water-Based Automatic Extinguishing Systems $125 Record Of Annual Inspection & Testing Of Fire Alarm & Fire Detection Systems $75

SECTION 110. – MAINTENACE. 110.3.1 [For SF] Filing Records with Fire Code Official. (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); (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 113 of the Fire Code, as may be amended from time to time. SECTION 111. – SERVICE UTILITIES. The following San Francisco Fire Code section replaces the corresponding International Fire Code section: 111.1. [For SF] Authority to Disconnect Service Utilities. The fire code official may order disconnection of utility service to a building, structure, or system in order to safely execute emergency operations or to eliminate an immediate hazard. SECTION 112. – [DELETED]. Section 112 of the International Fire Code is deleted. SECTION 113. – VIOLATIONS. The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section: 113.1. [For SF] Unlawful Acts. (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. The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section: 113.2. [For SF] Person Responsible. (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: 113.3. [For SF] Remedies Available. The fire code official may enforce the provisions of this code by: issuing a notice of violation under Section 113.4; issuing an administrative citation under Section 113.5; or issuing criminal penalties under Section 113.6. 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 113.3, 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: (a) Notwithstanding the Department’s issuance of two or more notices of violation under Section 113.4 or administrative citations under Section 113.5, a fire hazard continues to exist or recurs after abatement in a residential building of three or more units; and (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 113.4.3(g) of this Code. Each notice of violation or administrative citation for a fire hazard issued pursuant to Sections 113.4 or 113.5 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 113.4 or administrative citations under Section 113.5 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 113.4.3 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

1. So in Ord. 39-26. The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section: 113.4. [For SF] Notice of Violation. (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 114, requiring the person to immediately cease performing the activity. The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section: 113.4.1. [For SF] Service of Notice of Violation. (a) When a notice of violation pertains to a specific building, occupancy, premises, system, or vehicle, the fire code official shall mail a copy of the notice of violation to the owner of the building, occupancy, premises, system, or vehicle by regular U.S. mail. The fire code official shall post the notice of violation in a conspicuous place on the subject property. (b) When a notice of violation pertains to a person engaged in an activity for which a permit is required without the required permit, or in violation of a permit issued under this code is the person engaging in that activity, the fire code official shall serve the notice of violation upon the person responsible for the activity as follows: by personal service, by regular U.S. mail and certified mail, or by leaving it with a person of responsibility at site of the activity. The fire code official shall post the notice of violation in a conspicuous place on the subject property. (c) Service by certified or registered mail is effective on the date of mailing if the certified or registered letter is mailed, postage prepaid, return receipt requested, to the person responsible at that person’s current address as listed with the Assessor’s Office. If the Assessor’s Office records do not include an address for a person entitled to notice, then the fire code official shall serve that person by mailing the letter to the address of the building, occupancy, premises, or system involved in the proceedings. 113.4.2. Re-Inspection Fee. When the fire code official issues a notice of violation and sets a date for compliance and re-inspection to certify compliance with code requirements, the fire code official shall charge a $272 violation re-inspection fee for each re-inspection and the person responsible shall pay that fee. 113.4.3. Hearing on Notice of Violation.

(a) If the person responsible to correct a violation identified as a priority complaint fails to do so within the time period specified in the notice of violation, the fire code official shall set the matter for hearing, to be heard within 60 days of the deadline. If the person responsible to correct any other violation fails to do so within the time period specified in the notice of violation, the fire code official shall set the matter for hearing, to be heard within 180 days of the deadline. (b) Notice of hearing. If the fire code official determines to set the matter for hearing, the fire code official shall serve a notice of hearing that provides at least 10-day notice of the hearing. The notice shall include the following information: (1) the street address of the building, occupancy, premises, or system that is in violation of the code, or the date and location of any activity conducted without a required permit or in violation of permit conditions; (2) the date, hour and place of the hearing; (3) a statement that the hearing is an opportunity for all interested parties to appear before the fire code official to show cause why the fire code official should not order the building, occupancy, premises, or system repaired or altered to be brought into compliance with code, or vacated or demolished, or require a permit or compliance with permit requirements; (4) a warning that describes the penalties for violation as set forth in subsection (k) below and Section 113.4.4; and (5) a copy of the notice of violation. (c) Service of hearing notice. The fire code official shall serve the notice of hearing on each of the following persons: (1) the person, if any, in real or apparent charge and control of the building, occupancy, premises, or system, or responsible for any activity; (2) the owner of record of any building, occupancy, premises, or system, or where an activity occurred; (3) the holder of any mortgage, deed of trust, lien or encumbrance of record; (4) the owner or holder of any recorded lease; and (5) the holder of any other recorded estate or interest in the building, occupancy, premises, or system, or the land upon which it is located. The fire code official shall include an affidavit or declaration under penalty of perjury, certifying to the time and manner in which the notice was served. The fire code official shall serve the notice of hearing as follows: by personal service; or by regular U.S. Mail and certified or registered mail. Service by certified or registered mail is effective on the date of mailing if the certified or registered letter is mailed, postage prepaid, return receipt requested, to each person entitled to notice as that person’s address appears on the last annual tax roll of the county or at the address to which the Tax Collector mailed the most recent real property tax bill for the building, occupancy, premises, or system. If the annual tax roll or the Tax Collector records do not include an address for a particular person entitled to notice, then the fire code official shall serve the notice to that person at the address of the building, occupancy, premises, or system involved in the proceedings. The failure of any owner or other person to receive a notice of hearing shall not affect in any manner the validity of any proceeding taken or order issued under this section. (d) Posting of notice. The fire code official shall ensure that a copy of the notice of hearing and notice of violation is posted in a conspicuous place on the building or property, and at the location of the hearing. The notice shall be posted at both locations at least 10 days before the date set for the hearing. (e) [Reserved]. (f) Hearing. The fire code official or designee shall conduct a public hearing on the matter, at the date, time and location specified in the notice of hearing. The fire code official or designee may continue the hearing for good cause, except that any continuance shall not exceed 30 days, and only one continuance is allowed. Subject to any procedures prescribed by the fire code official for the orderly conduct of the hearing, the fire code official may permit persons with an interest in the building, occupancy, premises, or system, or with knowledge of facts material to the allegations of the notice of violation, to present evidence for the fire code official to consider. The fire code official shall promulgate procedures for implementation of the hearing. (g) Decision and order. The fire code official shall give full and fair consideration to the evidence received at the hearing, and within 30 days of the conclusion of the hearing, shall issue a written decision either: (1) finding no violation and issuing an Order of Rescission that withdraws the notice of violation and dismisses the proceedings; or (2) finding that the building, occupancy, premises, or system, or any portion thereof, is in violation of this code and issuing an Order to Abate. The order shall state that the person responsible take action as ordered by the fire code official to bring the building, occupancy, premises, or system into compliance with this code. The order may also include an Order to Vacate directing the building, occupancy, or premises be vacated pending compliance with the requirements of this code. Any Order to Abate a violation of this code or an Order to Vacate a building, occupancy or premises shall include the following: the street address of the building, occupancy, premises, or system; findings and conclusions about the specifics of the violations and the code section violated; a statement of work the person responsible must perform to remedy the violation and, if applicable, an order to vacate; and time requirements for compliance with the order. The fire code official shall require the person responsible to commence work required under the order within not more than 30 days from the date of the decision, and shall set a reasonable peri

ns and the code section violated; a statement of work the person responsible must perform to remedy the violation and, if applicable, an order to vacate; and time requirements for compliance with the order. The fire code official shall require the person responsible to commence work required under the order within not more than 30 days from the date of the decision, and shall set a reasonable period of time, not to exceed six months from commencement, for the person responsible to complete the required work. (h) Service of, posting, and recording decision. The fire code official shall serve the decision and order on the persons and in the manner specified in subsection (c) above. The fire code official shall post the decision and order in the manner specified in subsection (d) above. The fire code official shall record the decision and order in the Assessor-Recorder’s Office. (i) Extension. The person responsible may submit a written application to extend the date to commence work required under the decision and order or to extend the date to complete required work. The fire code official may grant a request to extend the time to commence or to complete work, for good cause shown, only where there is no imminent risk to life or property, and for a time not to exceed 90 days. (j) Compliance, Order of Compliance. When the fire code official determines that the person responsible has completed all work required under the order, and that the building, occupancy, premises, or system complies with the requirements of this code, the fire code official shall issue an Order of Compliance, acknowledging that the person responsible has complied with the original order. The fire code official shall serve and post the Order of Compliance, and file it in the Assessor-Recorder’s Office after all associated fees, fines, and penalties have been paid.

(k) Penalties for disregarding order. Any person responsible who fails to comply with an Order to Abate under this section shall be guilty of an infraction as set forth in Section 113.6. Any person who removes any notice or order posted as required in this section shall be guilty of an infraction as provided in Section 113.6. Any person in possession who fails to comply with an Order to Vacate shall be guilty of a misdemeanor as provided in Section 113.6. All Orders to Abate and Orders to Vacate filed at the Assessor-Recorder’s Office shall be referred to the City Attorney’s Office (CAT) for civil action within 30 days after recording if work to correct the violation has not commenced, or if the fire code official determines that the work to abate the violation has not progressed. 113.4.3.1. Administrative Hearing Referral Fee. When the owner of the building, occupancy, premises, system, or vehicle fails to abate a violation by the compliance date and the fire code official refers the matter for hearing, the department shall charge a $153 administrative hearing referral fee for the processing of the Notice of Administrative Hearing as per Section 113.4.3 (a)(b)(c) and the person responsible shall pay that fee. 113.4.3.2. Administrative Hearing Fee. When the owner of the building, occupancy, premises, system, or vehicle fails to abate a violation and the fire code official refers the matter for hearing and sets a date for the violation to be heard before a hearing officer, the fire code official shall charge a $432 administrative hearing fee for each Administrative Hearing where the violation is heard and the person responsible shall pay that fee. 113.4.3.3. Administrative Hearing Re-Inspection Fee. When the hearing officer sets a date for violations to be corrected and verify compliance with code requirements, the fire code official shall charge a $153 violation re-inspection fee for each re-inspection and the person responsible shall pay that fee. 113.4.3.4. Allocation of Administrative Hearing Fees. All administrative hearing and reinspection fees, including late payment fees, shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs. 113.4.4. Civil Action and Penalties. Any person violating this code, or who violates, disobeys, omits, neglects or refuses to comply with any notice of violation or decision and order under this code, shall be liable for a civil penalty of up to $1,000 for each day the violation is committed or permitted to continue, in addition to attorney’s fees and costs, which penalty shall be assessed and recovered in a civil action brought by the City and County of San Francisco in any court of competent jurisdiction. 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, including 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 assets, liabilities and net worth. Any penalties imposed pursuant to this section shall be paid to the City other remedies provided by law.1 No provision in this section shall preclude prosecution of actions for criminal penalties concurrently, sequentially, or individually. CODIFICATION NOTE

1. So in Ord. 39-26. 113.4.4.1. Allocation of Civil Penalty Fines. All fines and late payment fees shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs. 113.4.5. Presumption of Noncompliance. Notwithstanding any other provision of this code, any person served with a notice of violation that sets a date to correct the violations shall be presumed, in civil proceedings, to have failed to comply with that notice of violation if the date to correct the violation has passed without correction of the violation. 113.5. Administrative Citations.

Violations of this code may be punishable by administrative citation. Chapter 100 of the San Francisco Administrative Code is herein incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection and administrative review of administrative citations under this section, except that the amount of the penalties for the code sections set in Section 113.5.2 shall be the amount specified in that section, and all fines shall be allocated as specified in Section 113.5.3. 113.5.1. City Employees Who May Issue Administrative Citations. The City employees specified in Section 113.7 may issue administrative citations for any violation of this code. 113.5.2. Fines for Administrative Citations for Specific Code Violations. The fine for violation of Sections 105.1.1, 110.6, 114.4, 901.8 and 1032.2 shall be $1000. 113.5.3. Allocation of Administrative Citation Fines. All administrative citation fines and late payment fees shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs. 113.6. Criminal Penalties. Pursuant to California Government Code Section 36900, any person who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this code or any lawful order issued under this code shall be guilty of an infraction or a misdemeanor. The fire code official shall determine, and the citation shall specify, whether the violation charged is a misdemeanor or an infraction. If charged as an infraction of a city building or safety code, the penalty shall be 1) a fine not to exceed $130 for a first violation, 2) not to exceed $700 for a second violation of the same section or subsection within one year of the date of the first violation, and 3a) not to exceed $1,300 for each additional violation of the same section or subsection within one year of the date of the first violation, or 3b) a fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. If charged as a misdemeanor, the penalty shall be a fine of not less than $500, or more than $1,000, or imprisonment in the county jail not exceeding six (6) months, or both a fine and imprisonment, no part of which may be suspended. Every day such violation, disobedience, omission, neglect or refusal continues is a new offense. Any person engaging in any work in violation of the provisions of this code, and any person having charge of such work who permits it to be done, shall be liable for the penalty provided. 113.6.1. Allocation of Criminal Penalty Fines. All criminal penalty fines, including late payment fees, shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs. 113.7. Designated Officers and Employees. Pursuant to California Penal Code Section 836.5, the classes of officers or employees of the City and County of San Francisco listed below are empowered to enforce all provisions of this code against violations as a misdemeanor or infraction by exercising arrest and citation authority: Classification No. Class Title Classification No. Class Title H-51 Assistant Deputy Chief II H-50 Assistant Chief H-42 Assistant Fire Marshal H-40 Battalion Chief H-32 Captain Division of Fire Prevention and Investigation H-30 Captain H-24 Lieutenant Bureau of Fire Investigation H-22 Lieutenant Bureau of Fire Prevention

H-20 Lieutenant H-10 Chief’s Aide H-6 Investigator H-4 Fire Inspector 6281 Fire Safety Inspector II

113.8. Civil Action to Recover Costs. Under California Health and Safety Code Section 13009, any person who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her to escape onto any public or private property is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs shall be charged against that person. The City and County of San Francisco may initiate a civil action in any court of competent jurisdiction to recover all amounts authorized under Health and Safety Code Section 13009 and Section 13009.1. Any amounts recovered shall be paid to the City Treasurer and credited to the Fire Department. 113.9. Remedies are Non-Exclusive. Notwithstanding the provisions of Sections 113.1 through 113.8, the City may institute civil proceedings for injunctive and monetary relief, including civil penalties, against any person for violations of the Fire Code under any circumstances, without regard to whether a complaint has been filed or the fire official has issued a notice of violation under Section 113.4 or an order to correct under Section 113.4.3(g). SECTION 114. – STOP WORK ORDER. The following San Francisco Fire Code section replaces the corresponding California Fire Code section: 114.4. [For SF] Failure to Comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code. SECTION 116. – FEE COLLECTION. 116.1. Collection of Fees. For services that are conducted before the collection of fees, the Department shall proceed in accordance with this section. 116.1.1. First Notice. When fees are due under Sections 108.7, 108.8, 108.9, 108.13, or 108.14, the Department shall send the responsible person a notice of payment due. 116.1.2. Second Notice. If the Fire Department does not receive full payment within 60 days after it sent a notice of payment due pursuant to Section 116.1.1, the Department shall send a second notice of payment due to the responsible person. That written notice shall state that the responsible person is liable for the payment of the fee indicated on the notice and provide notice that if payment of the Fire Department does not receive the fee within 30 days of the mailing date of the second notice, a penalty of 10 percent plus interest at the rate of one percent per month on the outstanding balance shall be added to the fee indicated on the notice from the date that notice of payment due was sent under Section 108. 116 1 3 Report to Bureau of Delinquent Revenue Collection

116.1.3. Report to Bureau of Delinquent Revenue Collection. If the Department does not receive payment within 30 days following mailing of the second notice, the Department may report all accounts receivable over $300 to the Bureau of Delinquent Revenue Collection in accordance with San Francisco Administrative Code, Chapter 10, Article V. Accounts receivable under $300 shall be administered in accordance with Administrative Code Section 10.41-1.