Building Inspection Commission upholds DBI placement of engineer Harold Howell on Expanded Compliance Control list

The Building Inspection Commission on Jan. 15 upheld the Department of Building Inspection—s decision to place structural engineer Harold (Howard/Harold in documents) Howell on the department—s Expanded Compliance Control (ECC) list. The commission—s action follows a hearing at which DBI staff said Howell was associated with five qualifying notices of violation within an 18‑month period; Howell—s representative disputed DBI—s application of the ordinance and the facts.

DBI Compliance Manager Chris Vergara told the commission the department had met the statutory threshold in San Francisco Building Code Section 103A.6.3.2 and related administrative rules. "We respectfully request that the commission uphold our notice of determination to place appellant Harold Howell on the Expanded Compliance Control Program list," Vergara said, summarizing the department—s review of five properties where DBI inspectors found construction that did not match approved plans and where Howell was the engineer of record on the permits.

DBI presented a chronology and evidence tied to five properties that DBI said produced qualifying violations between Jan. 26, 2022, and Sept. 8, 2022, including addresses cited in department notices: 1336 Green Street; 221 Fifth Avenue; 26 Parnassus; 214 Fair Oaks; and properties on Fillmore Street. DBI told the commission Howell had signed special inspection letters or final certifications the department said were inconsistent with the work observed in the field.

Howell—s representative argued DBI—s application of the ECC standard was inconsistent and overbroad. The representative also contested technical findings on individual properties and raised process concerns about late production of documents. "DBI's interpretation and application of Code Section 103—6.1 is wildly inconsistent and applied to Mr. Howell incorrectly," the representative told the commission.

Public comment was split: La Andre Davis, who said he has worked with Howell for 15 years, described Howell as a longtime engineer and said he had suffered serious health effects from the process. Jerry Drantler, a frequent public commenter on DBI operations, said the state licensing board had previously stayed revocation of Howell—s license in 2014 and argued that DBI—s oversight of structural engineer certifications is an important control.

After public comment and rebuttals from both parties, President Alexander Toot moved to uphold the director—s determination; Commissioner Newman seconded. The commission took a roll call vote; President Toot, Vice President Shattuck, Commissioner Chavez, Commissioner Ming and Commissioner Newman voted yes. The motion carried unanimously.

Why this matters: Placement on the ECC list triggers additional departmental scrutiny of permits and inspections involving the listed person and requires DBI to notify permit applicants when a design professional on their application is on the ECC list. DBI must also report the listing to the State licensing board. The commission asked DBI to prepare written findings of the decision; administrative code Section 77.5 requires the commission to file written findings within applicable deadlines (the commission noted it will issue findings within 90 days).

Ending: The commission—s decision upholds DBI—s administrative authority to use ECC listings as a regulatory tool; the department will prepare and issue the written decision document and report the listing to the state licensing board per code requirements.