San Francisco County Municipal Code § 90.1 Municipal Green Building Requirements

(c) Responsible Production and Consumption. (1) Building Material Management. (A) Each Municipal Construction Project located within the nine counties surrounding the San Francisco Bay must comply with the Construction and Demolition Debris Recovery Ordinance (No. 27-06) and Environment Code Chapter 14. (B) For each Municipal Construction Project, the contract between the City Department and the Contractor shall require the Contractor responsible for construction and/or demolition (C&D) debris management to: (i) Conduct a site assessment to estimate the types of material discards that will be generated during the project, including packaging and/or shipping materials. (ii) Write and implement a Material Reduction and Recovery Plan (MRRP) in accordance with regulations promulgated under this Chapter 7 to guide onsite material management procedures for waste prevention and material reuse and recycling. (iii) At a minimum, source-separate for reuse or recycling concrete, metal, clean solid wood, clean and unpainted drywall, and carpet and carpet padding. Other C&D debris must either be source-separated or placed in a C&D debris box for transport to a registered facility to maximize material recovery. The Director may adjust the materials to be source-separated by regulation under Section 702(b) (2) based on the Director’s assessment of infrastructure and markets available. (iv) If needed, maintain dedicated separate bins for recyclable, compostable, and trash materials as required by Environment Code Chapter 19 Mandatory Recycling and Composting. (C) For each Tenant Improvement subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the Interior Design + Construction – Commercial Interiors LEED credit Construction and Demolition Waste Management Option 2: Waste Prevention (1 point). (2) Material Reuse. City Departments are encouraged to prioritize source reduction and onsite reuse through whatever means practicable. To the extent permitted by law, City Departments shall list in the Virtual Warehouse all unwanted furniture, fixtures, equipment, computers, and supplies purchased with City and County of San Francisco funds. Before buying any new furniture, fixtures, equipment, computers, or supplies, City Departments shall check the Virtual Warehouse for available items that meet their needs. (3) Material Recovery. (A) City Departments shall ensure that all City-Owned Properties and City Leaseholds have adequate, accessible, and convenient areas for the collection, storage, and loading of 100% of recyclable, compostable, and refuse materials. Design and/or construction contract documents shall incorporate requirements of Environment Code Chapter 19 Mandatory Recycling and Composting, and ensure that the designed and designated areas are sufficient to accommodate containers consistent with both current methods and projected needs when zero waste goals are met, as well as allow for easy access by a collector’s vehicle. (B) City Departments are required to recycle used fluorescent and other mercury-containing lamps, batteries, and universal waste as defined by California Code of Regulations Section 66261.9. (4) Embodied Carbon. (A) Each Municipal Construction Project of 10,000 gross square feet or more shall submit to the Department an embodied carbon reduction strategies checklist on a form provided by the Director for informational and reporting purposes as follows: (i) At the conclusion of the schematic design phase, as an assessment of the maximum embodied carbon reduction strategies that are practicable for the project. The sponsoring City Department shall prioritize the integration of these strategies throughout the design

and construction process. (ii) Upon receiving a temporary certificate of occupancy or similar indication that the project is substantively complete, explaining the embodied carbon reduction strategies that have been successfully integrated into the design and/or construction process. (B) For each New Construction or Major Renovation subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Building Life-Cycle Impact Reduction Option 2: Whole-Building Life-Cycle Assessment, Path 3 by addressing at least three product categories or building assembly types. For each Tenant Improvement subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Interiors Life-Cycle Impact Reduction Option 1: Interior Furniture and Nonstructural Elements Reuse (1 point) or Option 3: Building Interiors Life Cycle Assessment (2 points). (C) For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Environmental Product Declarations (1 point). (d) Human and Environmental Health. (1) Indoor Air Quality. For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the following LEED credits: (A) Enhanced Indoor Air Quality Strategies (1 point); (B) Low-Emitting Materials (5 product categories); (C) Construction Indoor Air Quality Management Plan (1 point); and (D) Indoor Air Quality Assessment Option 2: Air Testing (2 points). (2) Toxics Reduction and Pollution Prevention. (A) For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Building Product Disclosure and Optimization - Material Ingredients (1 point) using reporting methodologies that inventory content of a product’s homogeneous materials to at least 1,000 ppm. (B) For all Municipal Construction Projects and for purchases made by or on behalf of City Departments for these projects, product categories including but not limited to furniture, countertops, door hardware, paints, ceilings, and flooring shall comply with regulations promulgated under this Chapter 7 pertaining to the following attributes, subject to verification by the Department of the Environment: (i) Added flame retardant chemicals; (ii) Antimicrobial chemicals; (iii) Fluorinated chemicals; (iv) Volatile organic compounds (VOCs) content or emissions. (v) Polyvinyl chloride (PVC) content; (vi) Recycled content and recyclability; (vii) Sustainably grown and harvested wood; and (viii) Other environmental attributes, consistent with this Chapter. (3) Biodiversity and Wildlife Habitat. Each Municipal Construction Project shall follow the City and County of San Francisco’s Biodiversity Guidelines. (e) Water Conservation. A Municipal Construction Project located outside of the City and County of San Francisco may be subject to the following locally required measures if the project is not mandated by the local agency having jurisdiction to meet equivalent requirements: (1) Construction Site Runoff Ordinance (Public Works Code Sections 146-146.11). (2) Stormwater Management Ordinance (Public Works Code Sections 147-147.6). (3) Indoor Water Use Reduction. (Green Building Code, Section 5.103.1.2). For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Indoor Water Use Reduction (30% reduction minimum). (4) Water Efficient Irrigation Ordinance (Administrative Code Chapter 63). (Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023) (Former Sec. 704 added as Sec. 709 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023) (Former Sec. 704 added and previous Sec. 704 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)

SEC. 705. WAIVERS. (a) Waivers for any requirement of this Chapter 7, except any requirement that is mandated by other local or state policy, are available under the following circumstances: (1) Emergency. When it is necessary to respond to an emergency that endangers public health or safety, the Director of a City Department may grant itself a waiver from any requirement of this Chapter. The City Department shall report within five business days to the Director, on a form provided by the Director, and explain the emergency that prevented compliance with the requirement(s) of this Chapter. (2) Cost Prohibitive. If the sponsoring City Department of a Municipal Construction Project determines that compliance with any requirement of this Chapter is cost prohibitive, that City Department may request a waiver on a form provided by the Director. The Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco) may grant a waiver upon a finding that the Municipal Construction Project’s team has: (A) Ascertained the specific requirement(s) is cost prohibitive, as measured against the potential economic, environmental, societal, and health benefits posed by that requirement; and (B) Developed a reasonable plan to maximize the sustainability strategies for the Municipal Construction Project, and counterbalance the requirement that cannot be met to the extent that it is practicable. (3) Alternate Compliance. The sponsoring City Department of a Municipal Construction Project may request a waiver from LEED Gold if using a Green Building Rating System or standard that is determined by the Director to be at least as stringent as LEED or to be more appropriate for a specific project. Such waiver request shall document justification and details for alternate compliance on a form provided by the Director. The Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco) may grant a waiver upon finding that the Municipal Construction Project’s team has provided adequate justification. (4) Other. If, due to specific circumstances, compliance with a requirement would defeat the intent of this Chapter 7 or create an unreasonable burden on the Municipal Construction Project or sponsoring City Department, that City Department may request a waiver on a form provided by the Director. The Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco) may grant a waiver upon a finding that the requesting City Department has: (A) Documented the circumstances and burdens at issue; and (B) Developed a reasonable plan to maximize the sustainability strategies for the Municipal Construction Project, and counterbalance the requirement that cannot be met to the extent that it is practicable. (b) After the end of the 50% design development phase, the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco) will only accept a waiver request for consideration if the project design team can demonstrate extenuating circumstances, including but not limited to unforeseen site conditions or unavailability of a specified system or product. (c) The Director shall respond to a waiver request within 35 days. (d) The Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or managed by the Port of San Francisco) may not grant a waiver for the requirements of Sections 704(c)(1)(B) or 704(c)(2)(A). Granting a waiver for any requirement of this Chapter 7 does not eliminate any requirement of other local or state codes. (e) The Director shall report to the Commission on the Environment regularly on waivers requested, granted, and denied. (Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 705 added as Sec. 707 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023) (Former Sec. 705 added and previous Sec. 705 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; Ord. 103-10, File No. 090584, App. 5/21/2010; repealed by Ord. 204- 11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)