Feature

What You Should Know About the Heat Ordiance

by San Franciso's DBI

California housing codes require all dwelling units in the state to have heating systems capable of heating habitable rooms.

When heating is not provided, people are more susceptible to catching colds, influenza and respiratory or other illnesses. The elderly and those already suffering from sickness are particularly at risk in buildings without adequate heat.

The requirement for heating goes beyond mere comfort—it is essential to the health of individual occupants and the health, safety and welfare of the public at large. Because residential heating is an important part of building safety, it is strictly regulated by the San Francisco Housing Code.

This information has been provided by the Department of Building Inspection to answer some of the most frequently asked questions about the City heating requirement. We hope this information is helpful to you whether you are a building owner, manager or occupant.

Must apartment units and residential hotel dwelling units be heated?

Yes. The San Francisco Housing Code, Section 701 (c), requires that these units be heated to at least 68 degrees F at a point midway between the heat source and farthest wall and at 3'-0" above the floor.

Must heating be on 24 hours per day?

No. Heat must be available for 13 hours each day between 5:00 am - 11:00 am and 3:00 - 10:00 pm.

What rooms in an apartment or dwelling unit must be heated?

Habitable rooms used for living, sleeping, cooking and eating must be heated. Bathrooms, closets, hallways, storage rooms and similar spaces need not be heated.

Can portable heaters be used to heat a unit or building?

Generally not.Individual heaters must be permanently attached and properly wired in accordance with the Electrical Code to be considered a legal heat source.

If the building doesn’t have enough heat, what will the City do?

The City will issue a Notice to the building owner or manager to repair the system so that heat is provided. Generally, heat must be provided within 48 hours of the Notice. In extreme situations, the City can issue an emergency order and actually perform the work. In such cases, the building owner is billed for the work including administrative costs.

As a building owner, if I receive a notice of violation stating there is no heat or not enough heat, what should I do?

Follow the instructions on the Notice and:

Be sure the heat is turned on
Check the temperature in several of the apartments to see if there’s enough heat;
If the system needs repair and you can’t fix it, call a licensed heating and plumbing contractor and get the system working as soon as possible;
When the heating is repaired and working, call the Housing Inspector at 415.558.6220 for a reinspection.

As a building owner, what are the penalties if I don’t promptly repair a defective heating system?

Where legal action must be taken by the City to compel an owner to repair a sy stem, the owner can be required to pay court costs and administrative costs incurred by the City—as well as the costs to repair the system. Because violation of the Housing Code is a misdemeanor, the Department may issue the building owner a citation if the owner fails to promptly make needed repairs. A violator can be fined up to $500 per day or be imprisoned for six months, or both.

Who can I call if I need more information? Please call the Housing Inspection Division at 415.558.6220 Monday through Friday, from 8:00 am to 5:00 pm. Address: 1660 Mission Street, 6th Floor, San Francisco, CA 94103.