328.3 Asbestos-Related Work Sign Posting and Affidavits.

328.3 Asbestos-Related Work Sign Posting and Affidavits. In addition to any other requirements for notice set forth in this code, any person filing an application for a building permit to perform work in an apartment house or a residential hotel [as defined in Section 41.4 of the San Francisco Administrative Code], which work includes asbestos-related work as defined in this code, shall comply with the following requirements:

328.3.1 Sign posting. Prior to commencement and for the duration of any asbestos-related work, post a sign readable at 20 feet (6.096 m) at each noncontiguous location where any asbestos-related work is performed in the apartment house or residential hotel, or in any appurtenant buildings thereto and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities, stating “Danger - Asbestos. Cancer and Lung Hazard. Keep Out.” Notwithstanding this requirement, if an owner or contractor of the owner subject to the requirements of California Labor Code Sections 6501.5 et seq., and regulations promulgated pursuant thereto, is in compliance with the requirements for posting locations of asbestos-related work, such owner or contractor shall be deemed to have complied with this requirement.

328.3.2 Time of posting. Unless the requirement for plans and specifications is waived by the Director of the Department pursuant to San Francisco Building Code Section 106A.3.2, provide a notice at least 72 hours prior to commencement of any asbestos-related work to the residential tenants in the building. The notice shall advise the residential tenants of the nature of the asbestos-related work to be performed, the date and time the work is scheduled to commence, the specific location or locations in the building where the work will occur, the name and address of the person or firm performing the work and the name and telephone number of a person to contact on site if the residential tenant has questions or concerns. The notice shall be provided in one of the following ways:

1. At least 72 hours prior to commencement and for the duration of any asbestos-related work, post a notice containing the required information in a conspicuous common area of the apartment house or residential hotel measuring 15 inches by 15 inches (381 mm x 381 mm); or

2. Mail, by first-class registered mail, a notice containing the required information to each person who rents or leases residential space in the apartment house or residential hotel, postmarked at least five days plus 72 hours prior to commencement of any asbestos-related work; or

3. Personally deliver a notice containing the required information to each person who rents or leases residential space in the apartment house or residential hotel, at least 72 hours prior to commencement of the asbestos-related work.

328.3.2.1 Affidavits. The applicant shall thereafter submit an affidavit signed under penalty of perjury stating that the notice has been posted in the building or mailed or personally delivered to each person who rents or leases residential space in the building. See San Francisco Building Code Chapter 1A-L Fee Table for Affidavit Record Maintenance, for fee to defray the cost of maintaining records of said affidavits. If there is reason to believe that the notice was not posted, mailed or personally delivered as required, the Director 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 revoke the permit if it is determined they have not been substantially met.

328.3.3 Apartment house and residential hotel exclusions. Notwithstanding the definitions of apartment house or residential hotel [as defined in Section 41.4 of the San Francisco Administrative Code], those terms shall not include:

1. Any “school building” as defined in 15 U.S.C. Section 2642 as that section read on January 1, 1989;

2. Any “building” as defined in California Health and Safety Code Section 25920, as that section read on September 27, 1989; or

3. The residential area of any multi-use building where the asbestos-related work is to occur solely in a commercial area, the commercial and residential areas of the building do not share supply air or return air handling systems, and the commercial area does not contain facilities supplied in connection with the use or occupancy of the residential area.

NOTE: Contact Bay Area Air Quality Management District for pre-permit requirements for demolition and alteration work and other requirements for asbestos related work.