107A.15 Building Code fee waivers for accessory dwelling unit projects on lots containing single-family homes.

107A.15 Building Code fee waivers for accessory dwelling unit projects on lots containing single-family homes. Notwithstanding any fee provision of the Building Code to the contrary, the following provisions shall apply to accessory dwelling unit projects located on a lot containing a single-family home.

(a) Building inspection fees, plan review fees, records retention fees, and site surcharge fees shall be waived. For purposes of this subsection (a), building inspection fees do not include electrical and plumbing fees.

(b) For purposes of this Section 107A.15, “accessory dwelling unit” shall have the meaning set forth in Planning Code Section 102, as amended from time to time. The applicant for the accessory dwelling unit is eligible under subsection (a) for fee waivers or proportionate fee waivers, if applicable (collectively, “fee waivers”) solely for the establishment or modification of the accessory dwelling unit, and not for any other work on the applicant’s property that is subject to the Building Code.

(c) Upon the operative date of the ordinance establishing this Section 107A.15 to provide fee waivers forcertain [1] accessory dwelling unit projects, which is on file with the Clerk of the Board of Supervisors in File No. 210030, the fee waivers provided for under subsection (a) shall apply retroactively as of January 1, 2021. The Department of Building Inspection shall refund any applicable fees paid after January 1, 2021 for projects eligible under subsection (a) for fee waivers or proportionate fee waivers. The fee waivers also shall apply to accessory dwelling unit projects that applied for building permits on or before January 1, 2021 but did not receive a final certificate of occupancy by January 1, 2021; provided, however, that the fee waivers shall apply only to applicable Building Code fees that have not been paid as of January 1, 2021. The Department of Building Inspection shall not refund any fees paid for such projects prior to January 1, 2021.

(d) Subject to the exception in subsection (e), this Section 107A.15 shall expire by operation of law on either (1) July 1, 2023, or (2) the first day of any fiscal year for which the Board of Supervisors has not appropriated monies or authorized expenditures necessary to fund the fee waivers established by this Section 107A.15, whichever is earlier. Upon its expiration, the City Attorney shall cause this Section 107A.15 to be removed from the Building Code.

(e) Any accessory dwelling unit projects that apply for a building permit during the period beginning on January 1, 2021 and ending on the date that this Section 107A.15 expires are eligible for all applicable fee waivers, even if such fees are due after this Section 107A.15 expires as set forth in subsection (d).

(f) To the extent the Department is aware that a project qualifies for a fee waiver under this Section 107A.15, the Department shall individually inform the applicant about the fee waiver. The Department also shall post notice, on its website and at various locations in its offices where the notice will be visible to applicants, of the fee waivers available under this Section 107A.15.

(g) Department of Building Inspection Reports. On March 1, 2022, the Department of Building Inspection shall submit a report to the Board of Supervisors and the Building Inspection Commission on the operation of the fee waiver program established by this Section 107A.15 for the period of calendar year 2021. On March 1, 2023, the Department of Building Inspection shall submit a report to the Board of Supervisors and the Building Inspection Commission on the operation of the fee waiver program established by this Section 107A.15 for the period of calendar year 2022. The reports shall include, but need not be limited to, the number of projects taking advantage of one or more fee waivers, the type and location of such projects, the total amount of fees waived or projected to be waived during the term of this Section 107A.15, and any administrative impacts associated with the Department’s processing of such waivers. The report also shall include the following information in regard to an ADU: (a) the length of time the applicant has owned the property; (b) whether the applicant is an individual or a business; (c) whether the applicant intends to rent the ADU, and if so, whether the applicant has under consideration a price range for rent; (d) whether the applicant has submitted building permit applications for other residential properties in the City within the last 10 years; (e) whether the ADU received a waiver of code requirements and is subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance pursuant to Planning Code Section 207(c)(4)(G), and (f) whether the applicant owns, in whole or in part, any other residential property in San Francisco either as an individual or as part of a partnership or corporation. The Director of the Department of Building Inspection shall decide how best to obtain the information required by this subsection (g), which may include self-reporting by applicants.

CODIFICATION NOTE

1. So in Ord. 225-22.