Section 326 — EXISTING BUILDINGS OR OTHER STRUCTURES LOCATED ON A MILITARY
326.3 Graduated Code Compliance Plan and Timetable.
San Francisco Building Inspection Commission Codes · 2022 edition · ingested 2026-07-08 · San Francisco
326.3 Graduated Code Compliance Plan and Timetable.
326.3.1 Buildings with no change in occupancy or use and no anticipated alterations.
326.3.1.1 Complying building or structure. If, after performing the inspections required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure complies with the applicable codes and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, will issue a Certificate of Final Completion and Occupancy.
326.3.1.2 Remedial work required. If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal determine that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, such work must be performed pursuant to building permits issued by the Department. All such remedial work shall either comply with current codes or be approved by the Building Official and the Fire Marshal as providing equivalent public safety. The Building Official, with the approval of the Fire Marshal, shall determine that the building or structure is safe for occupancy as evidenced by the issuance of a Temporary Certificate of Occupancy or a Certificate of Final Completion and Occupancy. Such issuance shall not be a precondition to the execution of leases or subleases.
326.3.1.3 Graduated compliance plan. A graduated plan of compliance with the applicable codes may be approved upon the concurrence of the Building Official and the Fire Marshal, provided that:
The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may, in the discretion of the Building Official and the Fire Marshal, be issued jointly or separately;
The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or the Redevelopment Agency enters into a sublease;
All required remedial work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and
A Temporary Certificate of Occupancy is issued by the Building Official, with the approval of the Fire Marshal, setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.
326.3.2 Buildings with no change in occupancy or use but with planned alterations.
326.3.2.1 Complying building or structure. If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, shall cause a Certificate of Final Completion and Occupancy to be issued.
326.3.2.2 Remedial work required. If, after performing the inspection required by 326.2, the Building Official and the Fire Marshal determine that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, such work must be done in conjunction with any planned alterations. A Temporary Certificate of Occupancy or a Certificate of Final Completion and Occupancy shall be issued by the Building Official, with the approval of the Fire Marshal. Such issuance shall not be a precondition to the execution of leases or subleases.
326.3.2.3 Graduated compliance plan. A graduated plan for compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Marshal, provided that:
The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may, in the discretion of the Building Official and the Fire Marshal, be issued jointly or separately;
The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or Redevelopment Agency enters into a sublease;
All new work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and
A Temporary Certificate of Occupancy setting forth the approved graduated compliance plan with a timetable for full compliance with the applicable codes is issued by the Building Official, with the approval of the Fire Marshal. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.
326.3.3 Building with a change in occupancy or use but no anticipated alterations.
326.3.3.1 Complying building or structure. If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, shall cause a Certificate of Final Completion and Occupancy to be issued.
by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, shall cause a Certificate of Final Completion and Occupancy to be issued.
326.3.3.2 Remedial work required. If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal determine that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, such work must be performed pursuant to building permits issued by the Department. All remedial work shall either comply with current codes or be approved by the Building Official and the Fire Marshal as providing equivalent public safety. The building or structure may not be occupied until the Building Official, with the approval of the Fire Marshal, has caused the issuance of a Certificate of Final Completion and Occupancy.
326.3.3.3 Graduated compliance plan. A graduated plan of compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Marshal, provided that:
The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may, in the discretion of the Building Official and the Fire Marshal, be issued jointly or separately;
The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or the Redevelopment Agency enters into a lease;
All required remedial work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and
A Temporary Certificate of Occupancy is issued by the Building Official, with the approval of the Fire Marshal, setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.
326.3.4 Buildings with a change in occupancy or use and with planned alterations.
326.3.4.1 Complying building or structure. If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official shall cause, with the approval of the Fire Marshal, the issuance of a Certificate of Final Completion and Occupancy upon completion and approval of the planned alteration work.
326.3.4.2 Remedial work required. If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, that work must be done in conjunction with any planned alterations. The building or structure must meet current code requirements for the new occupancy. All remedial work must either comply with current codes or be approved by the Building Official and the Fire Marshal as providing equivalent public safety. The building or structure may not be occupied until the Building Official, with the approval of the Fire Marshal, has caused a Certificate of Final Completion and Occupancy to be issued.
326.3.4.3 Graduated compliance plan. A graduated plan of compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Marshal, provided that:
- The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may be issued jointly or separately,
in the discretion of the Building Official and the Fire Marshal;
The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or the Redevelopment Agency enters into a sublease;
All new work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and
A Temporary Certificate of Occupancy is issued by the Building Official, with the approval of the Fire Marshal, setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.