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Section 604

Requires apartment house (including residential condominium of 3 dwellings or more) and hotel (6 guest rooms or more) owners to have

all building appendages to be inspected by a licensed general contractor, or structural pest control licensee, or licensed professional architect or engineer,

verifying that the exit system, corridor, balcony, deck or any thereof is in general safe condition, in adequate working order, and free from hazardous dry rot, fungus, deterioration, decay, or improper alteration.

Property owners shall provide proof of compliance with this section by submitting an affidavit form (provided by the Department) signed by the responsible inspector to the Housing Inspection Services Division every five years.

SEC. 908. MAINTENANCE AND REPAIR.

[Added by Ord. 399-89, App. 1 1/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 192-02, App. 9/17/02; Ord. 256-07, App. 11/6/07] 

All safety devices or equipment provided for in this chapter shall be maintained in good repair at all times. Fire escapes shall be kept clear and unobstructed and be readily accessible at all times. Upon inspection, the property owner, or authorized agent, shall demonstrate to the Director or designated personnel, that all existing fire escapes are fully operational and properly maintained. Upon completion of the inspection, all existing fire escapes shall be secured pursuant to Section 1110.3.1. of the San Francisco Fire Code.

Send us photos of your fire escape by email: info@FireEscapeLaddersSF.com

DIVISION I. – SAN FRANCISCO ADMINISTRATION SECTION 1.1. 

1.1.1.  [For SF] Title. 

These regulations shall be known as the 2016 San Francisco Fire Code, may be cited as such, and will be referred to herein as “this code.” This code incorporates by reference the 2016 California Fire Code (Title 24, California Code of Regulations, Part 9), including appendices adopted by the State. In addition, this code incorporates by reference those portions of the 2015 International Fire Code that were not adopted by the California Building Standards Commission in the California Fire Code, except those portions of the 2015 International Fire Code that are expressly deleted, modified, or amended herein. 

The 2016 San Francisco Fire Code 

Ordinance 234-16 (File No. 161082, approved November 22, 2016, effective December 22, 2016, operative January 1, 2017) repealed the former Fire Code in its entirety and enacted this 2016 Fire Code. Section 2 of that Ordinance provides, in part: 

The 2016 San Francisco Fire Code is designed to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises. The 2016 San Francisco Fire Code is also designed to provide for the issuance of permits, inspections, and other Fire Department services, as well as the assessment and collection of fees for those permits, inspections, and services. 

Generally, the State of California adopts a new California Fire Code every three years, with the new code going into effect 180 days after publication. The California Fire Code consists of a base model code with amendments made by various State agencies with jurisdiction over the California Fire Code. The 2016 California Fire Code is based on the 2015 International Fire Code. 

Local jurisdictions are required to enforce the California Fire Code. In addition, local jurisdictions may enact more restrictive building standards than those set in the California Fire Code, where those more restrictive standards are reasonably necessary because of local conditions caused by climate, geology, or topography. For San Francisco to enact more restrictive standards, the Board of Supervisors must make express findings regarding the local conditions to support the more restrictive provisions. Local amendments to building standards are not effective until the required findings are locally adopted and sent to the California Building Standards Commission. 

The California Building Standards Commission recently issued the 2016 California Fire Code. That Code will go into effect on January 1, 2017. A copy of the 2016 California Fire Code is on file with the Clerk of the Board of Supervisors in File No. 161082 and is incorporated herein by reference. The San Francisco Fire Department must enforce the California Fire Code. State and local law allow local amendments in the interim between code adoptions. 

*  *  * 

The 2016 San Francisco Fire Code incorporates by reference the 2016 California Fire Code (Title 24, California Code of Regulations, Part 9), including appendices adopted by the State. In addition, except as expressly deleted, modified, or amended, the 2016 San Francisco Fire Code incorporates by reference those portions of the 2015 International Fire Code that were not adopted by the California Building Standards Commission in the California Fire Code. The 2016 San Francisco Fire Code also includes local amendments specific to San Francisco. 

DIVISION II. – ADMINISTRATION 

104.6.2.1.  [For SF] Inspection Photographs. 

The fire code official is authorized to take photographs during inspections as deemed appropriate by the fire code official. 

SECTION 109. – VIOLATIONS. 

Section 109 of the California Fire Code is replaced with the following San Francisco section: 

109.1.  [For SF] Unlawful Acts. 

(a)   It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain a building, occupancy, premises, system, 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. 

109.2.  [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, and/or the owner of the business is the person responsible. 

(c)   The person responsible for a violation of Section 107.6 or Section 1031.2 is the owner of the business operating at the building or premises. (Amended by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)  

109.3.  [For SF] Remedies Available. 

The fire code official may enforce the provisions of this code by: issuing a notice of violation under Section 109.4; issuing an administrative citation under Section 109.5; or issuing criminal penalties under Section 109.6. 

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 109.3, a “fire hazard” is defined in Section 102A.1 of the 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 109.4 or administrative citations under Section 109.5, 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 109.4.3(g) of this Code. 

Each notice of violation or administrative citation for a fire hazard issued pursuant to Sections 109.4 or 109.5 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 109.4 or administrative citations under Section 109.5 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 109.4.3 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; 

(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. 

(Amended by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)  

On September 17, 2003, the Board of Supervisors passed Ordinance # 192-02 which added Section 604 to the San Francisco Housing Code. The pertinent part of the Code Section is provided below for your reference. The following information has been enclosed in this information package to assist your submittal of the required affidavit due now and every 5 years hereafter. This requirement is separate and will cycle independently from the periodic health & safety (routine) inspections required by Chapter 3 of the Housing Code. This information is being distributed with the routine inspection request letters to give property owners the opportunity to ask the field inspectors questions about the affidavit process. 

SEC. 604. STRUCTURAL MAINTENANCE. 

(a) Affidavit Required. All wood and metal decks, balconies, landings, exit corridors, stairway systems, guard rails, hand rails, fire escapes, or any parts thereof in weather-exposed areas of apartment buildings and hotels shall be inspected by a licensed general contractor, or a structural pest control licensee, or a licensed professional architect or engineer, verifying that the exit system, corridor, balcony, deck or any part thereof is in general safe condition, in adequate working order, and free from hazardous dry rot, fungus, deterioration, decay, or improper alteration. Property owners shall provide proof of compliance with this section by submitting an affidavit form (provided by the Department) signed by the responsible inspector to the Housing Inspection Services Division every five years. For purposes of this section, weather-exposed areas means those areas which are not interior building areas. 

The requirements specific to fire extinguishers and fire escapes are as follows: 

MAINTAIN & RETAG FIRE EXTINGUISHERS: In all R-2 occupancy apartment houses a Type 2A 10BC or equivalent Fire Extinguisher is required on every level. Generally, in of all public hallways. If there are flats one can be provided in unit or outside for that level. A maximum of 75 feet travel distance is required. Garage levels require extinguishers. Required Fire Extinguishers must be serviced and retagged (Fire Marshal’s Tag with service date) annually by a California licensed professional (this includes recently purchased fire extinguishers). 

MAINTAIN FIRE ESCAPES: Annually check all fire escape ladders to ensure that they are fully operational (in particular the cable and all moving parts) and that drop ladders are not obstructed. You should have an industry professional inspect and service your fire escape. Every five years property owners shall provide proof of compliance with Housing Code Section 604 by submitting an affidavit, with verification (if applicable) completed and signed by the licensed professional who inspected the subject building fire escape. Completed affidavits must be submitted to the Housing Inspection Services Division as indicated below, Check there web site at http://sfdbi.org/ftp/uploadedfiles/dbi/Key_Information/forms_checklists/LtrSec604HC3.RVBrev.  pdf. 

Source: 

San Francisco Fire Department’s Division of Fire Prevention and Investigation – San Francisco Fire Code http://library.amlegal.com/nxt/gateway.dll/California/fire/2016firecode?f=templates$fn=default.htm$3.0$vid=amlegal:sanfrancisco_ca$sync=1

RESIDENTIAL HABITIBILITY INFORMATION SAN FRANCISCO HOUSING CODE REQUIREMENTS (PROPERTY OWNER MAINTENANCE CHECKLIST) 

REVISED FEBRUARY 26, 2014 https://www.sfdbi.org/sites/default/files/Checklist%20English.pdf  

IFC 2015 1104.16 Fire Escape PDF copy actual code