Conversation with the Fire Department

In order to get a full understanding of the laws and requirements which are involved in the fire alarm system, which is required by the Berkeley Fire Department, I have been in contact with Deputy Chief Gill Dong, of the BFD. We had a telephone conversation after he received my letter (by certified mail).

In summary, I told him the estimated cost of the system was very difficult for us to handle, especially with the economy as it is. Deputy Chief Dong went into some detail recounting his personal experiences in being at a fatal fraternity fire back in the 1990's--where a fireplace log rolled out and nobody upstairs knew that the house was burning. He also recounted to me the legal background for this new regulation, which has been on the books since 2005. Enforcement started in ernest in 2007. 

To the department's mind, they have given adequate notice. But with little action by the houses effected. So by using a bureaucratic system (Greek system party approval permits) they can compel houses to conform without preventing the business activity of renting rooms.

To Mr. Dong, the potential value of saving even one life negates the landlords' financial considerations. He also pointed out that it is his duty to protect the City from liability suits which might accrue from failure to enforce necessary precautions. This liability concern should be shared by the landlords. 

There are some challenges to the legality of this requirement--verbal challenges only, unfortunately. The BFD contends that the 2007 California Fire Code (adopted by the City of Berkeley) gives authority. The explicit exception to the law which seems to except sprinklered houses has been deleted by the amendment by the city in the Local Code. In state law the local code has precedence, and is determined by local authority.

He promised last week to send me the documents and regulations, but has not yet done so as of today.