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Board trims Artist Alley penalty for electrical work without permit to five times fee

Board of Appeals, San Francisco City · April 16, 2008
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Summary

The Board of Appeals reduced a penalty for unpermitted electrical work at 863 Mission Street, approving a motion to lower the fine from nine times to five times the regular fee after hearing mitigating facts about contractor licensing and prompt permit-seeking.

The San Francisco City Board of Appeals on April 16 reduced a penalty levied against Artist Alley at 863 Mission Street for electrical work performed without a permit, voting 5-0 to cut the sanction to five times the regular fee.

Ron Giddings, representing Artist Alley, told the board the owner sought permits and the electrical contractor initially on the job could not pull the permit because of a license lien; the owner later obtained a permit with a different contractor. "He made an honest effort to pull in a contractor, a licensed contractor to get the work done," Giddings said.

Chief Building Inspector Lawrence Kornfield summarized the inspection findings: there was a permit to install main service but no permit for extensive tenant-space electrical work (noted were 42 lights, 16 switches, 16 receptacles and 12 circuits), and inspectors found work being covered up without a permit. Kornfield said inspectors normally have discretion and sometimes impose no penalty, but here they considered it a substantial violation given prior notice.

Commissioners discussed proportionality of penalties; Vice President Frank Fung moved to reduce the penalty from nine times to five times the regular fee. The motion passed 5-0. The board instructed the department to apply the reduced multiplier and the matter was closed.

What happens next: The reduced penalty is applied to the fee owed; the owner may seek administrative remedies available under DBI procedures if desired.