San Francisco County Municipal Code § 326.3 Provisions for All Compliance Methods

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:

1. 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;
2. 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;
3. 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
4. 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.

326.3.2.1 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:

1. 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;
2. 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;
3. 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
4. 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.

326.3.3.1 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. 326.3.3.2 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:

1. 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;
2. 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;
3. 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
4. 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.

326.3.4.1 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:

1. 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;
2. 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;
3. 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
4. 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. 326.4 Enforcement. 326.4.1 Notices of violation and orders to abate. The Department and the Fire Department shall provide to the Redevelopment Agency or City and County of San Francisco agency that has entered into a sublease a copy of any notice of violation or order to abate served upon a subtenant. The manner of service shall be as otherwise required by law. 326.4.2 Revocation of certificate of final completion and occupancy. In the event that the Building Official or Fire Marshal issues an order to abate code violations and the order is not complied with during the time provided therein, the Building Official may, in writing, revoke the Certificate of Final Completion and Occupancy. 326.5 Fees. The Department and the Fire Department may charge the Redevelopment Agency or other appropriate City and County of San Francisco agencies fees for actual time and materials expended in responding to requests for inspection and performing other tasks associated with the graduated compliance plan program. Fees for permits and other services shall be as set forth in the San Francisco Building Code and San Francisco Fire Code. 327 Add the following section: SECTION 327 – WORK PRACTICES FOR LEAD-BASED PAINT ON PRE-1979 BUILDINGS AND STEEL STRUCTURES 327.1 General. Any buildings, structures, and properties on which the original construction was completed on or before December 31, 1978, or any steel structures to which lead-based paint disturbance or removal, including surface preparation, additions, alterations, repairs, or demolitions are made, shall comply with the requirements of this section.