106A.2 Work exempt from permit.

106A.2 Work exempt from permit. [Section 105.2 of the California Building Code.] Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following:

1. One-story detached accessory buildings or structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does

not exceed 120 square feet (11.15 m [2] ). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences not over 6 feet (1829 mm) high located at the rear and side lot lines at the rear of the property, and all fences not over 3 feet (914.4 mm) in height.

3. Amusement devices not on fixed foundations.

4. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) high.

5. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18927 L) and the ratio of height to diameter or width does not exceed 2.1.

7. Platforms, sidewalks, walks and driveways when not part of an exit, and not more than 30 inches (762 mm) above grade and not over any basement or story below and which, for residential buildings required to be accessible to persons with disabilities, are not part of a required accessible

route.

8. Painting, papering and similar finish work.

9. Temporary motion picture, television and theater stage sets and scenery.

10. Minor repairs to existing interior plaster or wallboard, except when part of a fire-resistive assembly.

11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18927 L).

12. State-owned buildings under the jurisdiction of the state fire marshal. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

13. Reroofing without the installation, repair or removal of roof sheathing, if the total surface area of the roof reroofed in any 12-month period does not exceed 25 percent of the entire surface area of the roof.

14. Surface mounting of readily removable materials on interior walls.

15. Work performed on structures owned and occupied by the Federal or State government. This exemption shall not apply to privately operated structures erected on government-owned land, or to privately owned land or structures leased to the Federal or State government, or to structures owned and operated by State educational institutions unless such structures are owned and used exclusively for educational purposes or other uses related to the institution’s educational purposes, such as student cafeterias or dormitories.

16. Installations or replacement of floor coverings in areas other than bathrooms and toilet rooms not requiring the removal of existing required flooring.

17. Repair and replacement of glazing in conformity with this code, and provided wire glass shall be replaced in kind.

18. Replacement of doors, except garage doors, in all occupancies, provided they are not part of fire-resistive assemblies required by this code.

19. Work performed on structures owned or leased by the City and County of San Francisco where the construction or modification of said structure is financed in whole or in part by the issuance of lease revenue bonds prior to July 1, 1989.

20. See Section 3107.1.1 for exempt signs.

21. See Section J103.2 for grading permit exemptions.

22. See Section 106A.1.10.3 for Elevators regulated by the state exemption.

23. Construction or repair of a homeless shelter located on City owned or leased land during a declared shelter crisis where the work complies with all the following alternative approval process conditions: (a) the City agency proposing the construction or repair submits written notice to the Clerk of the Board of Supervisors of the agency’s intention to invoke this subsection 106A.2(23) and 60 days elapse without the City enacting an ordinance restricting the agency’s invocation of this subsection; (b) the City agency proposing the siting, construction, or repair submits all information required under Section 106A.3.1 to the Department; (c) the Department routes the information regarding the proposed work to all bureaus, departments, or agencies that are required to review and approve such construction or repair as required under applicable ordinances and laws, including the Fire Marshal, Chief Harbor Engineer of the Port of San Francisco (if applicable), and the Departments of Public Works, Planning, and Public Health; (d) the Department receives written confirmation from the Directors of each applicable bureau, department, and agency that the proposed work complies with all ordinances and laws subject to their authority; (e) the Department confirms that the proposed work complies with all applicable provisions of this Building Code and that the Department has received written confirmation of compliance from all applicable bureaus, departments, and agencies; and (f) the Department issues a written determination of compliance that contains all the information required under Section 106A.4.

ubject to their authority; (e) the Department confirms that the proposed work complies with all applicable provisions of this Building Code and that the Department has received written confirmation of compliance from all applicable bureaus, departments, and agencies; and (f) the Department issues a written determination of compliance that contains all the information required under Section 106A.4.

24. A small residential rooftop solar energy system, as defined in Section 106A.1.15.1, installed on a building that is not (a) a designated landmark, (b) a contributory resource in a designated historic district, or (c) on the National Register or State Register, or deemed eligible for listing on the National or State Register. An electrical permit or other permit may be required depending on the system.

25. Use of a hotel or motel for Interim Housing use, as defined and authorized in Planning Code Section 202.15, as may be amended from time to time, where the Department confirms the hotel or motel meets the minimum fire and safety requirements set forth in Section P111 of Appendix P to this Code. The use of a hotel or motel or any units within a hotel or motel for Interim Housing shall not change the underlying occupancy classification of the property.

26. The reestablishment of a Hotel or Motel use pursuant to Planning Code Section 202.15(h) for any such use that participated in the City’s Shelter-In-Place Hotel Program and was operated as a shelter. Such reestablishment of the Hotel or Motel Use shall not be considered a change in the underlying occupancy classification of the property.

(Amended by Ord. 39-25, File No. 241067, App. 4/3/2025, Eff. 5/4/2025; Ord. 98-25, File No. 250257, App. 6/27/2025, Eff. 7/28/2025; Ord. 146-25, File No. 250284, App. 8/5/2025, Eff. 9/5/2025)

106A.3.1 Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. For new buildings or structures, indicate the use or occupancy of all parts of the building or structure for which the proposed work is intended. For alteration work, indicate the proposed use or occupancy and the most current legal use or occupancy of all portions of the building or structure affected by or relevant to the proposed work.

4. Be accompanied by plans, diagrams, computations and specifications and other data as required in Section 106A.3.2.

5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

6. Be signed by the owner, or the owner’s authorized agent, who may be required to submit evidence to indicate such authority. Such agent shall be responsible for advising the owner of all conditions attached to the application by the various approving agencies.

7. Give such other data and information as may be required by the building official.

8. Include, when available, the name, address and telephone number of the owner or contractor. When applicable, State and City license numbers shall be indicated.

9. Contain an agreement by the owner of the premises to hold harmless the City and County of San Francisco and its officials and employees from all costs, liability and damages resulting, whether directly or indirectly, from use or occupancy of the sidewalk, street or subsidewalk space, or from anything in connection with the work included in the permit. The agreement shall run with the land and be binding on all of the owner’s successors in title.

10. Include an affidavit, signed under penalty of perjury, that the owner, or the owner’s authorized representative, is not removing a legal or illegal dwelling unit, as defined in the Housing Code, when the work included in the permit is removal of a stove, kitchen, as defined in the Housing Code, or bathroom, as defined in the Housing Code. Such affidavit shall be posted prominently for at least fifteen (15) days in a conspicuous common area within the building where the work is proposed and shall be provided via hand delivery or U.S. mail to all tenants residing in the building.

106A.3.1.1 Application processing. The application, plans, specifications and other information submitted shall be referred for such review and approval as is required under applicable ordinances and laws. Each such reviewing bureau, department or agency shall indicate in a manner determined by the Building Official its approval, approval with conditions, or disapproval.

106A.3.1.2 Transfer of application. Applications are transferable with payment of additional fees when the new owner submits a letter to the Department agreeing to all conditions of approval, stipulations and agreements contained on the application, per Table 1A-D.

106A.3.1.3 Authorization of dwelling units installed without a permit.

(a) Screening required. Prior to filing a permit application to legalize an existing unauthorized dwelling unit under Section 207.3 of the Planning Code, the owner of the building or the owner’s authorized agent shall submit the following information to the Department for the purpose of determining whether the unauthorized dwelling unit can comply with the requirements of this Code or other codes administered and enforced by the Department, or whether equivalencies from Code requirements can be obtained:

(1) a Dwelling Unit Legalization Checklist form, created by the Department, together with floor plans for the entire building and a plan showing the location of all structures on the subject lot;

(2) evidence from the San Francisco Water Department, telephone, gas or electric records, written lease agreements, or other evidence acceptable to the Department showing that the dwelling unit for which approval is sought existed prior to January 1, 2013;

(3) an assessment prepared by a licensed contractor, architect, or engineer that outlines a plan to comply with all applicable requirements of the Building Code and other Codes administered and enforced by the Department; and

(4) other information as the Building Official shall require.

(b) Imminent and substantial hazard. If the Department identifies an imminent and substantial hazard as described in Section 102A.16 of this Code during the screening process, the Department shall inform the applicant of the appropriate remedial actions and notifications to tenants. The Department shall not pursue remedial code enforcement actions and notifications to tenants based solely on information provided by the applicant during the screening process, unless the Department identifies an imminent and substantial hazard or the applicant consents.

(c) Application process; required permit(s). After completion of the screening process required by subsection (a) a property owner or the owner’s authorized agent may file applications with the Department, Fire Department, or other City department for any building or other permits that are required in order to legalize one existing unauthorized dwelling unit on the property. The application(s) shall refer explicitly to this Section 106A .3.1.3 and Section 207.3 of the Planning Code. If there is more than one existing unauthorized unit on the site, the owner or agent shall designate the unauthorized unit for which legalization is sought. The approval, issuance, expiration, or cancellation of an application filed pursuant to this Section 106A .3.1.3 and any resulting permits shall be in accordance with the provisions of all City codes, except as provided below. Cancellation or disapproval of the application or any resulting permit shall terminate all rights under this Section created by the application. A dwelling unit is not lawful unless and until all necessary approvals have been obtained.

(d) Notices of violation. If the Department has issued a notice of violation for the unauthorized unit for which legalization is being sought and all violations would be corrected by legalization of the unit, the Director shall:

(1) temporarily suspend the notice of violation and enforcement action upon initiation of the process set forth in subsection (a) by the owner or owner’s authorized agent and acceptance of the required applications by the City; and

(2) rescind the notice of violation and remove any related liens on the property if legalization of the unit is approved within one year of initiation of the process set forth in subsection (a).

(e) Funding resources information. The Department shall provide information about the Mayor’s Office of Housing and Community Development Code Enforcement Rehabilitation Fund and other potential funding sources that may be available for code compliance.

106A.3.2 Submittal documents. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents for a permit. When such plans are not prepared by an architect, land surveyor, or an engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect, land surveyor, or engineer. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by State law. Materials submitted by a licensed architect, land surveyor, or engineer must be signed and sealed on all plan sheets.

Two complete sets of plans which may include specifications and three copies of the soil investigation report (when required) shall be submitted. Additional complete sets of plans and specifications may be required for special permit processing services that may be offered by the City and County of San Francisco.

EXCEPTIONS:

1. The requirements for plans or specifications may be waived by the Building Official, provided that the nature and extent of the proposed construction can be clearly described in writing, and such a description is filed with the application.

2. In addition to all other requirements of Section 106A.3.2, the following requirements shall apply to: applications for construction of new buildings or structures, and to alterations that involve a substantial increase in the building envelope of an existing building or structure, within the Edgehill Mountain Slope Protection Area, created by Building Code Section 106A.4.1.2, and within the Northwest Mt. Sutro Slope Protection Area, created by Section 106A.4.1.3:

The Building Official may not waive the requirements for submittal documents set forth in Section 106A.3.2.

Submittal documents shall substantiate that the building or structure will comply with applicable codes and regulations.

Submittal documents shall include (1) plans prepared by a State-licensed architect, land surveyor, or engineer and (2) a construction/staging plan establishing that the proposed construction will not compromise the health, safety or welfare of neighboring property owners. Submittal documents shall demonstrate to the satisfaction of the Building Official, based on consultation with and written communications from appropriate City officials, including the Director of the Department of Public Works, that there is sufficient infrastructure (including utilities and streets) to support the proposed residential development and that the proposed emergency vehicle access routes comply with the standards in use by the Fire Department or similar agency in effect at the time the application is submitted.

(Amended by Ord. 185-25, File No. 250805, App. 9/30/2025, Eff. 10/31/2025)

106A.3.2.1 Incomplete applications. The Department will not process an application which is not completely or properly filled out pursuant to the requirements of this section. When the submittal documents do not contain the information required by this the application shall not be accepted.

106A.3.2.2 Demolition. An application for a permit to demolish a building or structure shall not be deemed complete until (a) the applicant declares under penalty of perjury that every party who has a recorded interest in the property that is the subject of the application has been notified of the filing

of the application. See Section 110A, Table 1A-L – Public Information – for fee to defray the cost of maintaining records of such declarations and other attendant costs and (b) the Department receives written notice from the Department of Environment that the Department of the Environment has approved the applicant’s waste diversion plan in accordance with Chapter 14 of the Environment Code.

106A.3.2.2.1 Demolition application and notification. Upon receipt of an application which would authorize the tearing down or demolition of a building or structure, the Department shall mail written notice to the owners of properties at least 300 feet (91.44 m) in every direction from the edge of the property on which the proposed demolition work will take place, as shown on the last annual tax roll, and shall provide notice to each residential tenant of the property that is the subject of the application and of the property immediately adjacent to such property. Said notice shall include the street address of the proposed work and the name and address of the property owner and, if known, of the contractor.

106A.3.2.2.2 Notice to interested parties. Any of the following organizations or groups may request notification of the receipt by the Department of an application for a demolition permit and of the issuance thereof:

1. Architectural or historic preservation or housing conservation groups.

2. Recycling companies.

Such request shall be in writing to the Department, on forms furnished by the Department. The organization or group shall specify the area(s) of the City and County of San Francisco for which notification is requested, and the Building Official shall establish the boundaries of such areas for purposes of such notification. Requests shall be made annually, within 30 days after July 1 of each year. See Section 110A, Table 1A-L – Public Information – for fees. Fees may be prorated by the Department for any requests which are received at other times during the year.

106A.3.2.3 Substantial alterations – Notification, sign posting and affidavits. In addition to any other requirements for notice set forth in this code, the following shall apply:

Any person filing an application to (1) substantially alter, as that term is defined by the Building Official, an apartment house or residential hotel (as defined in Section 41.4 of the Administrative Code) that contains five or more dwelling units, or (2) remove a legal or illegal dwelling unit, as defined in the Housing Code, shall post a sign at least 15 inches by 15 inches (381 mm × 381 mm) in a conspicuous common area of the apartment house or residential hotel for at least 15 days with the following information: notice that the application has been made, the nature of the work to be performed, the means of obtaining information from the Department, and the procedure for appealing the issuance of building permits. When the permit application proposes to remove a legal or illegal dwelling unit, the posted sign shall also contain a list of tenant counseling or legal services that can provide assistance to tenants with understanding and participating in the City’s processes, and notice of such application shall be delivered via hand delivery or U.S. mail to all tenants in the building. Such notice shall also include contact information for translation services into Spanish, Chinese, and Russian. In occupied residential unreinforced masonry buildings, required signs shall also include specified information provided by the Building Official. The applicant shall thereafter submit an affidavit signed under penalty of perjury stating that the sign has been posted as required by this section. See Section 110A, Table 1A-L – Public Information – for fee to defray the cost of maintaining records of said affidavits. The Building Official shall not approve the application until this affidavit is submitted. If there is reason to believe that the sign was not posted as required, the Building Official shall investigate the matter, shall provide the applicant an opportunity to respond to any complaint of noncompliance, shall determine whether the requirements of this section have been substantially met, and shall cancel an application or revoke the permit if it is determined they have not been substantially met.

106A.3.2.4 Hazardous Substances.

106A.3.2.4.1 Soil and/or groundwater sampling and analysis required. Applicants for any building or grading permit which involves the

disturbance of at least 50 cubic yards (38.23 m [3] ) of soil shall comply with the requirements for soil and/or groundwater sampling and analysis of Article 22A of the Health Code, unless such property is subject to Health Code 22A.9 when any part of the work will occur

(a) bayward of the 1851 high-tide line as indicated on the Map of the City and County of San Francisco (adopted June 27, 1986) (see Figure 1A-1) which is maintained for public distribution by the Building Official;

(b) in any area of the City designated by the Director of Public Health under Article 22A of the Health Code;

(c) on any lot within the City either presently or previously zoned for industrial use as defined in Article 22A of the Health Code;

(d) on any lot within the City either presently or previously permitted for industrial use;

(e) on any lot within the City within 150 feet of any of the elevated portions of the following highways: U.S. Highway 101, Interstate 80, Interstate 280;

(f) on any lot in the City known or suspected by the Department of Public Health to contain hazardous substances in the soil and/or groundwater, using the definition of hazardous substance contained in Article 22A of the Health Code, or;

(g) on any lot of the City known or suspected by the Department of Public Health to contain or to be within 100 feet of an underground storage tank.

Note: Figure 1A-1 is included at the end of this chapter.

106A.3.2.4.2 Permit approval.

(a) Except as provided in subsection (b), no building permit application subject to the requirements of this Section shall be considered acceptable for review and approved until the Department receives written notification from the Director of Public Health that the applicant has complied with all applicable provisions of Article 22A of the Health Code that can be completed without a permit, or that the requirements have been waived.

(b) Subsection (a) does not apply to the following extent:

(1) The Building Official may consider an application acceptable for review and issue a site permit pursuant to Section 106A.3.4.2 prior to the time an applicant complies with this Section.

(2) The Building Official may consider an application acceptable for review and issue site permit addenda and other permit(s) to undertake soil sampling or mitigation measures to comply with this section.

106A.3.2.4.3 No time limits. For the purposes of completing the requirements of this Section, the time limitations set forth in Section 106A .3.7 of the San Francisco Building Code do not apply.

106A.3.2.4.4 Permit notification and warning.

(a) The Building Department shall provide information to all permit applicants of Bay Area Air Quality Management District and California Air Resources Board regulations, as well as San Francisco Health Code Article 22B and Building Code requirements regarding construction dust control

to mitigate potential adverse public health effects from dust in general, and from naturally occurring asbestos that may be released during construction activities.

(b) All building permits and grading permits issued by the Building Department under this Section 106A.3.2.4 shall bear the following printed warning:

WARNING

Under San Francisco Building Code Section 106A.3.2.4.2, certain building permits may be issued only after the permittee analyzes the soil and/or groundwater for the presence of hazardous substances and, where applicable, the Department of Public Health has approved the permittee’s site mitigation plan. In issuing this permit, neither the City nor any of its officers or employees make any representation that the soil and/or groundwater on or about the site is free from the presence of hazardous substances. Nor does the City’s implementation of this process relieve any person from their duties and responsibilities relating to hazardous substance contamination under state and federal law. Neither subsurface soil analysis under Building Code Section 106A.3.2.4.2 nor the issuance of this permit is intended to alter, extinguish, or transfer these responsibilities.

106A.3.2.5 Hunters Point Shipyard.

106A.3.2.5.1 Compliance required. Applicants for any building or grading permit for Hunters Point Shipyard, which involves subsurface disturbance of soil or the extraction or management of groundwater, except where such permit is for purposes of environmental characterization, and except, in the case of property determined by the applicable ROD to be suitable for unrestricted residential use, where such permit involves subsurface disturbance

of less than 50 cubic yards (38.23 m [3] ) of soil, shall comply with the requirements of Article 31 of the Health Code. Hunters Point Shipyard is that area of the City and County of San Francisco shown on Article 31 Map-Figure 1, which is maintained for public distribution by the Building Official. A copy of said Figure is on file with the Clerk of the Board of Supervisors in File No. 100577.

106A.3.2.5.2 Permit approval. No building permit application subject to the requirements of this section shall be deemed to be complete until the Department receives written notification from the Director of Public Health that the applicant has complied with all applicable provisions of Article 31 of the Health Code. Approvals or conditions imposed in writing by the Department of Public Health shall become conditions of the permit issued by the Department, and violation of such approvals or conditions shall be deemed a violation of the permit.

EXCEPTION:

1. The Building Official may issue a site permit pursuant to Section 106A.3.4.2 prior to the time an applicant complies with this section.

2. Site permit addenda and other permit(s) may be issued to excavate soil or undertake soil sampling or implement other requirements of Article 31 of the Health Code.

106A.3.2.5.3 No time limits. For the purposes of completing the requirements of this section, the time limitations set forth in Section 106A .3.7 of the San Francisco Building Code do not apply.

106A.3.2.5.4 Permit notification. All building permits and grading permits issued by the Department of Building Inspection shall bear notice of the above requirements and of the permittee’s responsibility to comply.

106A.3.2.6 Construction dust control.

106A.3.2.6.1 Dust control required. All applicants for a building, demolition, excavation, grading, foundation, or other permit required by this Code to construct a new building, to demolish a building, to substantially alter or to add to an existing building shall comply with the requirements for dust control and, in addition, for projects over a half acre the applicant will be required to submit a Dust Control Plan for approval by the San Francisco Health Department as set forth in Article 22B of the San Francisco Health Code.

106A.3.2.6.2 Permit approval. For projects of over one half acre in size, no building or other permit application subject to the requirements of this section shall be approved until the Department of Building Inspection receives either

(a) written notification from the Director of Public Health that the applicant either has a site-specific dust control plan for the project approved by the Director of Public Health or the Director of Public Health has waived the requirement or

(b) the applicant qualifies as an interior only tenant improvement project that will not produce exterior visible dust and therefore is exempt from complying with Article 22B of the San Francisco Health Code.

EXCEPTION: The Director may issue a site permit pursuant to Section 106A.3.4.2 prior to the time an applicant complies with this section.

106A.3.2.6.3 General dust control requirements.

(a) All site preparation work, demolition or construction activities within the City and County of San Francisco that have the potential to create dust or will expose or disturb more than 10 cubic yards or 500 square feet of soil shall comply with the requirements of this Section whether or not the activity requires a permit from the Department of Building Inspection.

(b) For projects over one half acre in size, the project sponsor shall designate a person or persons who will be responsible for monitoring compliance with dust control requirements. The designated person or persons shall be on the site or available by telephone or other means during all times that site preparation, demolition or construction activities may be in progress, including holidays and weekends. The name and telephone number where such person or persons may be reached at all times shall be provided to the Director and to the Director of Public Health prior to commencement of work on the project.

(c) The project sponsor and the contractor responsible for construction activities at the project site shall use the following practices to control construction dust on the site or other practices that result in equivalent dust control that are acceptable to the Director.

(1) Water all active construction areas sufficiently to prevent dust from becoming airborne. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water must be used if required by Article 21, Section 1100 et seq. of the San Francisco Public Works Code. If not required, reclaimed water should be used whenever possible.

(2) Provide as much water as necessary to control dust (without creating run-off) in any area of land clearing, earth movement, excavation, drillings, and other dust-generating activity.

(3) During excavation and dirt-moving activities, wet sweep or vacuum the streets, sidewalks, paths, and intersections where work is in progress at the end of the workday.

(4) Cover any inactive (no disturbance for more than seven days) stockpiles greater than ten cubic yards or 500 square feet of excavated materials, backfill material, import material, gravel, sand, road base, and soil with a 10 mil (0.01 inch) polyethylene plastic or equivalent tarp and brace it down or use other equivalent soil stabilization techniques.

(5) Use dust enclosures, curtains, and dust collectors as necessary to control dust in the excavation area.

106A.3.2.6.4 Large projects. If the project is over one half acre in size and the project does not qualify for an interior only tenant improvement project exemption or the Department of Public Health has not issued a waiver for a site-specific dust control plan for the project; construction, demolition, excavation, grading, foundation work, or other permitted activities may not commence until the owner or the owner’s agent has submitted to the Department a copy of the Director of Public Health’s written approval of the dust control plan. All site preparation and construction activities on the job site shall comply with the general requirements for dust control and the site-specific dust control plan approved by the Director of Public Health. The failure to comply with all provisions of the approved site-specific dust control plan shall be considered a violation of this Code.

106A.3.2.6.5 Waiver of requirements for compliance for small sites; rescission of waiver. For sites less than a half acre in size:

(a) The Director may waive these requirements if the applicant demonstrates to the Director’s satisfaction that the proposed site preparation, demolition or construction activities are unlikely to result in any visible windblown dust.

(b) If at any time, contrary to the applicant’s assertions, the construction activities produce visible windblown dust, the Director may issue a written order rescinding the waiver. A copy of the rescission order shall be personally served on the owner of the property at the address on file with the Department of Building Inspection and posted on the job site.

(c) If the Director orders rescission of the waiver, the owner of the property and the contractor or other persons responsible for construction activities at the site shall comply immediately with the above dust control requirements.

106A.3.2.6.6 Permit notification. All building, demolition, excavation, grading, foundation, or other permit subject to this section issued by the Department of Building Inspection shall bear notice of the above requirements and of the owner’s responsibility to control construction dust on the site.

106A.3.2.6.7 Violations. Upon receipt of complaints, the Director is authorized to administer and enforce all provisions of this Section and may enforce the provisions of this Section by any lawful means available for such purpose, including taking actions authorized pursuant to Section 103A of this Code.

106A.3.2.6.8 Fees. The Department shall determine and recommend to the Board of Supervisors the amount of fee that is required to compensate the Department for the costs of enforcing these dust control requirements.

106A.3.3 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper of a size not less than 11inch by 17-inch (279.4 mm × 431.8 mm) and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Specific plans and information required shall include any of the following that is appropriate for the work being proposed:

1. The Assessor’s block and lot number on the first sheet or page of each set of plans and other submittal documents.

2. A dimensioned plot plan showing sidewalk widths, street widths, lot lines, locations of proposed or existing buildings or structures on the property, and full widths, heights and setbacks of buildings on adjacent properties where their locations or heights affect the code requirements of the subject building or structure. Locations of parking or loading spaces and of aboveground hydrants and utility poles shall also be shown. The Building Official may require the owner to have the lot surveyed and staked by a registered land surveyor or registered civil engineer so that the proper location of the building on the lot may be determined. A copy of this survey shall be filed with the application for the permit.

3. All existing and future finished grades for new buildings or structures and additions to existing buildings or structures, including official curb and street grades.

4. Complete dimensioned exterior elevations showing types of wall materials, locations and sizes of wall openings, roof heights and setbacks from property lines. The existing and future exterior grade profiles on each side of the building extending to any adjoining buildings, structures or properties which might be affected by this work shown on the elevations unless a topographic map prepared by a licensed surveyor is submitted.

5. Dimensioned architectural floor plan for each floor, basement and roof unless the floor plans are identical. The scale shall be not less than 1/8 inch (3.175 mm) to 1 foot (304.8 mm) unless otherwise permitted by the Building Official. The floor plan shall show the gross area of each use area on each floor, and the total area of each floor. Structural, mechanical and other detailed information shall not be superimposed unless the resultant floor plans are clearly legible and understandable.

6. For alteration work, all existing partitions and construction that are to be removed or altered and all that are to remain unchanged.

7. Identification on the architectural floor plans of the use or occupancy classifications of all new and existing areas of the building.

8. Cross-sections as necessary, including information on location and depth of footings of adjacent buildings or structures which might be affected by this work.

9. Information regarding all architectural and structural materials to be installed in the building.

10. Details of all fire-resistive assemblies and elements, and provisions for maintaining the integrity of fire-resistive assemblies or elements where penetrated.

11. Information regarding the installation, location and support of building utilities, including plumbing systems, and electrical equipment, wiring and systems.

12. Structural plans and calculations detailing all components of the vertical load carrying system, including joists, beams, girders, columns, bearing walls and locations and depths of footings. Connection details and cross-sections to show how the loads are transferred and carried from the roof to the foundation. Live load clearly designated on the plan for each use area.

13. Structural plans and calculations detailing all elements of the lateral force resisting system, including horizontal and vertical diaphragms, connections and details that completely identify the lateral force load path from the roof to the foundation.

14. Special inspection and structural observation program required by Sections 106A.3.5, 1704 and 1709.

15. Geotechnical report when work involves significant grading, excavation or fill, or uses special foundations; or when the site is included in the State of California Seismic Hazard Zones Map, Special Soils Map or other area identified by the Building Official. See Appendix J, for additional grading permit requirements.

16. Hydraulic design drawings and calculations for sprinkler systems and standpipes.

17. Information on plans demonstrating compliance with energy conservation requirements.

18. Information on plans demonstrating compliance with applicable sound transmission requirements.

19. Information on plans demonstrating compliance with applicable disabled access requirements.

20. Information on plans demonstrating compliance with water conservation and reclamation requirements.

21. Landscaping and irrigation plans, when required by the Planning Department, Department of Public Works or other agencies.

22. Photographs when required by the Planning Department or other agencies.

23. For a building that is an unsafe structure as defined in Section 102A, sufficient information to show how all unsafe conditions will be corrected.

24. Information on plans demonstrating compliance with the lactation room requirements of Section 1210.5 of the Building Code.

25. All other information necessary for determining compliance with applicable codes and regulations.

106A.3.4 General Permit Procedures.

106A.3.4.1 Architect or engineer of record. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, included deferred submittal items, for compatibility with the design of the building.

106A.3.4.2 Site permit. For any work or project for new construction, major alterations, or otherwise requiring plan review or entitlement by the Planning Department, the property owner or owner’s agent may apply for a site permit. The site permit shall be issued by the Building Official after the Planning Department completes its review and has issued any required authorizations, approvals, or certifications required by the project under the Planning Code, and after the Building Official completes the review outlined in subsection 106A.3.4.2.2. No construction work shall be done under the site permit. Construction may proceed after the appropriate addenda have been issued pursuant to subsection 106A.3.4.2.3.

106A.3.4.2.1 Contents of site permit application. The site permit application shall consist of:

1. Completed form. The completed application form, pursuant to section 106A.3.1.

2. Preliminary plans and drawings.

a. Architectural Plans. Architectural plans that include plot plan, floor plans (existing and new), sections, and elevations to describe the general scope of work. Submit two sets if applying in paper format.

b. Structural Design Criteria Document. For projects subject to Structural Design Review, see Administrative Bulletin 082 as may be amended from time to time. If applying in paper format, the site permit application shall include two sets of the Structural Design Criteria Documents.

c. Green Building Submittal. For projects subject to green building regulations, the application shall include the information required under Administrative Bulletin 093 as may be amended from time to time.

3. Information required for site permit review. The following shall be included for site permit review:

a. Building Information and Data. Sufficient information to establish that the project meets minimum standards for the scope of work, use and occupancy group classifications, construction type, number of stories, and basements, height, and sprinkler provisions.

b. Allowable Height, Story, and Area. Tabulation of the actual and allowable height, story, and area, with computations to document analysis, including sprinkler and area modification provisions where applicable. For new buildings, tabulation of the gross area for all basements and stories individually, and a summation of the total building area. For alterations with vertical and/or horizontal additions, tabulation of the gross area for the existing building and for the additional area (or reduced area). Values for all basements and stories shall be provided individually. summation of the total building area. [1]

c. Exterior Wall and Opening Protection. A plot plan locating the building, and adjoining properties and buildings, and public ways. Location and dimension of property lines, both real and assumed in cases of two or more buildings on the same lot regulated as separate buildings.

d. Means of Egress. Occupant loads and analysis of the Means of Egress system, inncluding [1 ] diagonal dimensions of spaces requiring two or more exits and the exit separation distances, and diagonal dimensions of each story or portion thereof requiring two or more exits and the exit separation distances. From the most remote point in a story or portion thereof to an exit, exit access travel distances must be documented. Where applicable, the common path of egress travel distance from the most remote point in a space, in a story or portion thereof, must be documented. Travel distances shall be measured rectilinearly at right angles except where the direction of travel is guided by walls or other permanent architectural features.

e. Slope Protection Act Checklist. Projects located in areas subject to the Slope Protection Act, Section 106A.4.1.1,shall submit the information required by Section 106A.4.1.4.4.

4. Fees. The permit issuance fees and plan review fees shall be as set forth in Section 110A, Table 1A-A – Building Permit Fees, and Table 1A-B – Other Building Permit and Plan Review Fees, and shall be calculated on the basis of the total valuation of the work.

106A.3.4.2.2 Scope of site permit review. The purpose of a site permit is to allow the Department to review the preliminary conceptual and schematic designs of proposed construction while the Planning Department completes its review and issues any required approvals or authorizations under the Planning Code. To expedite the permit review process for electronically submitted site permit applications, the Department shall distribute the site permit to the Planning Department, Fire Department, and any other department that may need to review the site permit such that all interdepartmental review of electronically submitted applications is conducted simultaneously.

authorizations under the Planning Code. To expedite the permit review process for electronically submitted site permit applications, the Department shall distribute the site permit to the Planning Department, Fire Department, and any other department that may need to review the site permit such that all interdepartmental review of electronically submitted applications is conducted simultaneously.

The scope of review of the site permit is limited. The Building Official reviews the site permit to assure that there are no major issues with the proposed construction that need resolution before proceeding to detailed design of a code-complying structure. There is no detailed plan review required at the time of site permit review, nor shall a site permit be withheld in order to conduct detailed plan review. Detailed review of plans, along with any associated revisions, modifications, or comments, will be conducted during addendum review after the site permit is issued.

106A.3.4.2.3 Addenda to site permits. The site permit must be issued prior to submittal of the first addendum. Plans for construction may be divided and submitted in accordance with an addenda schedule submitted on the site permit drawings or on the first addendum drawings. See Section 110A, Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fee.

The holder of such permit and addenda shall proceed with approved addenda work at the permittee’s own risk, without assurance that approvals for the remaining addenda or for the entire building or structure will be granted.

Each addendum must be approved and issued before work shown on that addendum may commence. The time allowed for review, approval, and issuance of all addenda is governed by the maximum time allowed per Section 106A.4.4 and Table B – Maximum Time Allowed to Complete All Work Authorized by Building Permit. The extension times may be applied upon payment of a fee per Section 110A, Table 1A-J – Miscellaneous Fees. If all required addenda are not approved and issued by the maximum time allowed, the site permit, all previously approved addenda, and all remaining addenda shall be deemed to be canceled. When a site permit has been canceled, an alteration work application shall be required to resume processing. The provisions of Section 107A.3.3 shall apply to such alteration work application.

(Amended by Ord. 154-23, File No. 230374, App. 7/28/2023, Eff. 8/28/2023)

CODIFICATION NOTE

1. So in Ord. 154-23.

106A.3.5 Inspection and observation program. When special inspection is required under Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors.

engineer of record shall prepare an inspection program that shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors.

The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

When structural observation is required under Chapter 17, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

The inspection program shall include samples of inspection reports and provide time limits for submission of reports.

106A.3.6 Permit facilitator. Any permit applicant may use the services of a Permit Facilitator. The Permit Facilitator shall be under the jurisdiction of the Building Official. The duties of the Permit Facilitator include distributing permit application submittals to various review disciplines, departments or agencies; and providing the project sponsor with a single point of contact regarding permit application status, procedures or requirements. The fee for such service shall be per Table 1A-B – Other Building Permit and Plan Review Fees – and shall be paid upon filing of a permit application.

106A.3.7 Application expiration. The Building Official may hold in abeyance or reject any application, plans, or specifications filed which in the Building Official’s opinion, do not provide the necessary information in a clear and concise manner as required in Section 106A.3.3, and shall cancel such an application upon the expiration of the time period set forth per Table A.

At the time the application has been deemed acceptable for building plan review by the Department of Building Inspection, any corrections, additional information, plans or documents that are necessary to complete the processing by the Department of Building Inspection shall be submitted and approved within the following time limitations:

TABLE A – APPLICATION EXPIRATION

The time limitation shall apply until the application has been approved and permit is issued. A one-time extension per Table A may be granted by the Building Official at any point during the approval process, upon written request by the applicant and payment of fee. Additional extensions may be granted by the Building Official prior to extension expiration upon written request from the applicant and payment of fee. See Section 110A, Table 1A-J – Miscellaneous Fees – for applicable fee. In the event an extension of time extends the life of an application beyond the effective date of the adoption of a new code, the Building Official may require that all or part of the application be subject to the provisions of the new code and payment of an additional plan review fee per Table 1A-A – Building Permit Fees. In the event the application has not been approved and issued within 60 days before the end of the stated time period in Table A, the Department shall notify the applicant that the application will be canceled in 60 days unless the application is extended. An application which exceeds the stated or extended time period after such notice shall be deemed canceled without further action by the Department.

EXCEPTIONS:

1. For applications resulting from enforcement actions initiated by the Building Official to abate code violations, the above time limits shall be reduced to 30 days and 10 days, respectively. The Building Official may grant an extension for hardship or procedural error. Upon cancellation, such cases shall be referred to the City Attorney for legal action.

2. The above time limits shall not apply to applications which are subject to the work without permit investigation fee per Section 110A, Table 1AK – Penalties, Hearings, Code Enforcement Assessments. Such applications shall be canceled only through specific action by the Building Official.

3. The above time limits shall be suspended whenever an application is returned to the Planning Department for review due to a design change that the Building Code(s) requires.

106A.3.8 Disapproval of application. Any application that does not meet the requirements of this code or any other laws, ordinances or regulations enforced by any interested departments or agencies shall be disapproved by the Building Official or upon request by the applicant. If such a request is not made by the applicant to disapprove an application, the Building Official shall notify the applicant that the application will be cancelled in 60 days.

106A.3.8.1 Withdrawal of application. Applications filed for permits may be withdrawn by the owner, provided that no part of the work proposed on the application has been performed. All applicable fees must be paid before an application can be withdrawn.