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Building Inspection Commission backs targeted fire-safety ordinance to require upgrades for negligent landlords
Summary
The commission unanimously recommended ordinance File 180756 to allow DBI and the fire department to require new or upgraded fire-safety systems in buildings where landlords show a pattern of negligence and repeated notices of violation; the measure includes a planned warning step and appeals process.
The Building Inspection Commission on Sept. 19 unanimously recommended an ordinance (File 180756) that would authorize the Department of Building Inspection (DBI) and the San Francisco Fire Department to require installation or upgrades of fire-safety systems, including sprinklers, for buildings where owners have demonstrated a pattern of negligence.
The ordinance was presented on behalf of Supervisor Ronan. Presenters cited a 2015 Mission District fire that displaced 58 people and caused one death as part of the rationale for focusing the tool on the city’s most vulnerable properties. The proposal would allow DBI or the fire marshal to issue a Fire Safety Notice and Order after evidence of repeated different fire-safety violations and would add a formal warning step before that order is issued, staff said.
According to staff, once a Fire Safety Notice and Order is issued there would be a hearing. If an owner demonstrates mitigation, the hearing officer may find no further action necessary; if not, the order could require specific upgrades and an owner may appeal. If upgrades are not completed and appeals fail, the city attorney could pursue enforcement in court; court remedies could include requiring physical installation of systems as well as monetary penalties, staff said.
Commissioners pressed staff on retroactivity and whether the ordinance could be applied to prior violations. Presenters said the ordinance is not limited to actions beginning at the date of passage: staff could review past NOVs to identify a pattern and issue warnings or orders accordingly. DBI staff confirmed that existing NOVs must still be abated and that the Fire Safety Notice and Order would add defined remediation requirements on top of prior notices of violation.
Commissioners also discussed displacement risk tied to required upgrades; staff said they are tightening administrative-code language to prohibit pass-throughs to tenants and to minimize displacement risks.
Vice President Walker moved to recommend the ordinance; the motion carried on a unanimous roll-call vote.
The commission recommended the ordinance to move forward to the Board of Supervisors and any subsequent committees; staff said they are working with the city attorney to add the explicit warning step before a Fire Safety Notice and Order is issued. The item now proceeds to the next legislative steps listed by the sponsors.
