San Francisco Fire Code § 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 official¹

• (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: