Earlier editions: 2022
Division II — ADMINISTRATION.›Part I — GENERAL PROVISIONS.›Chapter 3 — GENERAL PRECAUTIONS AGAINST FIRE.›SECTION 326. – PROHIBITION ON SALE OR DELIVERY OF CERTAIN LITHIUM-ION BATTERIES.
San Francisco Fire Code § 326.3 Enforcement and Penalities
San Francisco Fire Code · 2026-08 edition · updated 2026-09-23 · San Francisco
Cite as: San Francisco Fire Code § 326.3 · Text as of 2026-09-23
(a) Each prohibited sale, offer for sale, or delivery constitutes a separate violation of Section 326. The Fire Chief or their designee shall have enforcement authority under this Section, and the City Attorney may at any time institute civil proceedings for injunctive and monetary relief in the amounts identical to administrative penalties specified in this Section 326.3, against any person or business who violates Section 326. Administrative penalties for prohibited sales shall be $500 for the first violation and $1,000 for each subsequent violation committed within one year of the last violation.
(b) The City Attorney may undertake such action for injunctive or monetary relief without regard to whether the Fire Chief or their designee has issued a notice of violation, instituted abatement proceedings, scheduled or held a hearing on a notice of violation, or issued a final decision.
(c) At any time, the Fire Chief or their designee may refer a case to the City Attorney’s Office for civil enforcement, but a referral is not required for the City Attorney to bring a civil action under Section 326.
(d) The City Attorney shall recover reasonable attorneys’ fees if the City is the prevailing party in any court case or in any civil proceeding to enforce this Section 326 and if the City Attorney elects, at the initiation of the action, to seek recovery of attorneys’ fees and provides notice of such intention to the adverse party or parties. (Added by Ord. 122-26, File No. 260359, App. 6/26/2026, Eff. 7/27/2026)
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