BIC upholds DBI decision to list 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 Howell on the expanded compliance-control (ECC) list, finding that Howell was associated with five qualifying notices of violation during an 18-month period.

The ECC tool, established in the San Francisco Building Code, permits DBI to require additional review steps for persons or entities associated with repeated or egregious violations. DBI compliance manager Chris Vergara told the commission the department concluded Howell met the threshold because he was associated with five qualifying violations between Jan. 26, 2022 and Sept. 8, 2022. The department’s presentation cited building-code categories including misrepresentation of existing conditions and structural work beyond approved scopes.

"We respectfully request that the commission uphold our notice of determination to place the appellant on the expanded compliance control list based on 103A.6.2," Vergara said, describing five properties where the department alleges work deviated from approved plans and where Howell signed special-inspection reports certifying compliance.

Appellant counsel (identified in the record as Simon) argued DBI misapplied the code and unfairly targeted Howell, saying many of the cited conditions arose after Howell’s limited role and that DBI’s application of ECC categories was inconsistent. "DBI's interpretation and application of code section 103A.6.1 is wildly inconsistent and applied to Mr. Howell incorrectly," Simon said, adding that Howell’s role as an engineer did not make him responsible for later contractor or owner actions.

During public comment, tenant-rights and industry observers spoke. Architect and long-time collaborator Andre Davis urged leniency, calling Howell a "stand-up person" and noting Howell’s age and health. Public commenter Jerry Drentler said previous professional discipline made oversight of Howell an important public-protection matter and supported DBI’s approach.

After presentations, commissioners asked clarifying questions about timing of special-inspection letters, whether alleged deviations occurred before or after those reports, and whether any internal DBI errors (including an inspector erroneously closing a permit) affected the department’s case. DBI staff said they had reviewed records, considered mitigating evidence and removed at least one NOV from the ECC tally after further review, but that enough qualifying violations remained to meet the 18-month threshold.

President Alexander Tuke moved to uphold the director’s determination; Commissioner Newman seconded. A roll-call vote recorded unanimous support for the motion.

The commission directed its secretary to issue a written decision with findings within applicable deadlines.