San Francisco County Municipal Code § 327.1 Provisions for All Compliance Methods

327.1.1.1 Purpose. The purpose of this section is to ensure that any person undertaking activities that result inthe disturbance or removal of interior or exterior lead-based paint on pre-1979 buildings, structures and properties and on steel structures uses work practices that minimize or eliminate the risk of lead contamination of the environment. 327.1.1.2 Intent. The intent of this section is to encourage safe work practices for activities resulting in the disturbance or removal of lead-based paint while providing a reasonable level of health and safety for the occupants and the public at large.

327.1.1.3.1 Interior. The requirements of this section apply to any activity resulting in the disturbance or removal of lead-based paint in the interior of pre-1979 buildings, structures and properties or portions thereof with one of the following occupancy classifications: Group E for Day Care and Group R, Divisions 1, 2 and 3. The requirements of this section with regard to the interior of a facility shall include, but are not limited to, residential-based family child-care facilities licensed by the State of California. 327.1.1.3.2 Exterior. The requirements of this section apply to any activity resulting in the disturbance or removal of lead-based paint on the exterior of any pre-1979 buildings, structures and properties and any steel structures. 327.2 Definitions. Except as otherwise specified herein, the terms used in this section shall have the same meanings as those set forth in San Francisco Building Code Chapter 2. ACCREDITED LABORATORY means a laboratory that operates within the EPA National Lead Laboratory Accreditation Program. ADJACENT PROPERTIES means properties that adjoin the regulated area, including but not limited to properties next to and at the corners of lot lines. CERTIFIED LEAD INSPECTOR/ASSESSOR means any person licensed or certified by the California Department of Health Services (DHS), as authorized by the United States Environmental Protection Agency (EPA), in accordance with 40 CFR Part 745, subparts L or Q, to perform risk assessment and/or lead-based paint inspection. CLEARANCE INSPECTION means an on-site limited investigation using visual observation and sampling techniques performed by an independent certified lead inspector/assessor to verify the absence of lead-based paint hazards, as specified in Title 17, California Code of Regulations, Division 1, Chapter 8: Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards. Any analytical testing of sample(s) collected during such inspection shall be performed by an accredited laboratory. COMMON AREA means any interior part of a multi-unit residential building that is accessible to all occupants, including but not limited to: corridor, hallways, lobbies, laundry rooms, storage areas, stairways, porches and interior play areas. CONTAINMENT AND BARRIER SYSTEMS refers to various measures that prevent the migration of work debris beyond the regulated area, and usually includes the use of disposable polyethylene plastic sheeting that is at least 6 mils thick (or two layers each 3 mils thick) to protect the ground, floor or other interior surfaces, and to seal off windows, doors and ventilation openings. CONTRACTOR means any person, whether or not in possession of a valid State contractor’s license, who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does, by himself or herself or by or through others, any action that may or will disturb or remove lead-based paint. For purpose of this section, “contractor” shall also include subcontractors. DISTURB OR REMOVE LEAD-BASED PAINT means any action that creates friction, pressure, heat or a chemical reaction upon any lead- based paint on an interior or exterior surface so as to abrade, loosen, penetrate, cut through or eliminate paint from that surface. This term shall include all demolition and surface preparation activities that are performed upon any surface containing lead-based paint. EXTERIOR means the outside of a building or steel structure and the areas around it within the boundaries of the property, including without limitations the outside of any detached structures, including but not limited to outside and common walls, stairways, fences, light wells, breezeways, sheds, and garages. HEPA means a high efficiency particulate air filter. INTERIOR means the inside of a building, including but not limited to the inside of any detached structures, interior common walls, common areas, and overhangs (projections). LEAD means metallic lead and all inorganic compounds of lead. LEAD-BASED PAINT or LEAD PAINT means (1) any paint, varnish, shellac, or other coating on surfaces with lead in excess of 1.0 mg/cm2 (milligram per square centimeter) as measured by x-ray fluorescence (XRF) detector or laboratory analysis or in excess of 0.5 percent by weight, also expressed as 5,000 ppm (parts per million), 5,000 mg/g (micrograms per gram), or 5,000 mg/kg (milligrams per kilogram) as measured by laboratory analysis; or (2) any paint, varnish, shellac, or other coating found in the interior or on the exterior of pre-1979 buildings, structures, or properties or on the exterior of any steel structures, unless such paint, varnish, shellac or other coating is shown, by a lead-based paint testing, that it does not have the characteristics specified in (1). LEAD-BASED PAINT TESTING means testing of surfaces, by laboratory analysis of bulk sample or measurement using x-ray fluorescence detector, to determine the presence of lead-based paint performed by an independent certified lead inspector/assessor. Where laboratory analysis is used as a method of testing bulk paint samples, the laboratory shall be an accredited laboratory. PERSON shall have the same meaning as that defined in San Francisco Building Code Chapter 2 and shall also include any department, agency, or commission of the City and County of San Francisco, and State or federal agencies and departments to the extent allowable by law. PRE-1979 BUILDING means any building whose original construction was completed on or before December 31, 1978. PROHIBITED PRACTICES means any work practice that disturbs or removes lead-based paint using any of the following methods: (1) open flame burning or torching; (2) heat guns without containment and barrier systems, or operating above 1,100 degrees Fahrenheit (611.1 degrees Celsius) or causing the charring of paint; (3) hydroblasting or high-press

ion was completed on or before December 31, 1978. PROHIBITED PRACTICES means any work practice that disturbs or removes lead-based paint using any of the following methods: (1) open flame burning or torching; (2) heat guns without containment and barrier systems, or operating above 1,100 degrees Fahrenheit (611.1 degrees Celsius) or causing the charring of paint; (3) hydroblasting or high-pressure washing without containment and barrier systems; (4) dry manual sanding or scraping, or machine sanding or grinding, or abrasive blasting or sandblasting without containment and barrier systems or a HEPA vacuum local exhaust tool.

REGULATED AREA means an area in the interior of any pre-1979 buildings, structures or properties with one of the following occupancy classifications: Group E for Day Care and Group R, Divisions 1, 2 and 3; or on the exterior of any pre-1979 buildings or any steel structures, in which work is being performed that disturbs or removes lead-based paint, and to which access is restricted in order to prevent migration of work debris. “Regulated area” shall also include any area contaminated with work debris as a result of a breach or lack of containment and barrier system, which constitutes a violation of the requirement set forth in Section 327.4.2. RESPONSIBLE PARTY means either (1) the owner of the property where the owner or the owner’s employees or persons otherwise under the control of the owner are performing the activities regulated under this section; or (2) the owner and the contractor where the owner has entered into a contract with another to carry out the activities regulated under this section. STEEL STRUCTURE means any structure that is not a building and which has exterior surfaces made of steel or other metal, such as bridges, billboards, walkways, water towers, steel tanks and roadway or railway overpasses. WORK DEBRIS means any debris, including without limitations paint chips and dust, resulting from any activity that disturbs or removes lead- based paint. 327.3 General Prohibitions. No person shall disturb or remove lead-based paint through the use of prohibited practices, or in any other way that generates work debris during demolition or work on the interior of Occupancy Group E for Day Care and Group R, Divisions 1, 2 and 3 or exterior of any pre-1979 buildings or any steel structure except in accordance with the requirements of this section. For purposes of this section, all paint on the exterior of any pre-1979 building or any steel structure shall be presumed to be lead-based paint. Any person seeking to rebut this presumption shall establish through lead-based paint testing, or other means satisfactory to the Director, that the paint on the building or steel structure in question is not lead-based paint. Exemption: Work that disturbs or removes lead-based paint from the interior of an owner-occupied pre-1979 dwelling unit shall be exempted from the requirements for demolition or work on the interior of Occupancy Group R, Divisions 1, 2 and 3, provided that such unit is not a licensed childcare facility. Notwithstanding this exemption, the responsible parties shall take all reasonable measures to prevent the migration of work debris from the interior of the owner-occupied dwelling unit to the outside of such unit which includes, without limitations, any interior common areas and the exterior of the building, during the course of any work that disturbs or removes lead-based paint. 327.4 Performance Standards. 327.4.1 Restrict access. Any person performing work subject to this section shall restrict access by third parties to the regulated area, except as authorized by this section or until the regulated area is cleaned in accordance with Section 327.4.4. This subsection shall not apply to regulated areas that are required for access or egress during the course of the work, such as common areas, and where no alternative exists for access or egress, in which case dust generation and migration shall be controlled through the use of HEPA-attached tools or other feasible containment and barrier systems that allow for access or egress. 327.4.2 Containment and barrier systems. Any person performing work subject to this section shall establish containment and barrier systems that contains the work debris within the regulated area. 327.4.2.1 Protect ground. Any person performing exterior work subject to this section shall, to the maximum extent possible, protect the ground from contamination by work debris by laying 6 mil plastic (or two layers each 3 mil thick) on the ground extending at least 10 feet (3048 mm) from the work surface when possible. 327.4.2.2 Protect floor and furnishings. Any person performing interior work subject to this section shall protect with the use of 6 mil plastic (or two layers each 3 mil thick) any floors and other interior horizontal surfaces, carpets, rugs, drapes, curtains, blinds, shades and furniture in the regulated areas from work debris when it is impracticable to remove such items from the regulated areas during the course of the work. 327.4.3 Prevent migration. Any person performing work subject to this section shall make all reasonable efforts to prevent the migration of work debris beyond the established containment and barrier systems during the course of the work. Such efforts may include, but are not limited to, providing secure 6 mil plastic (or two layers each 3 mil thick) protective covering, bagging, shrouding, and/or other safe containment and barrier systems to prevent the migration of work debris; covering and sealing any windows, vent openings and doors in the regulated area to prevent migration; and instituting measures to prevent the tracking of dust from the regulated areas. 327.4.4 Clean up standards. At the completion of any work that disturbs or removes lead-based paint or when access to the regulated areas are required by State law or local ordinance during the course of such work, the responsible party shall: 327.4.4.1 For interior work, make all efforts to remove all visible work debris from the regulated areas. Such efforts shall include but are not limited to wet clean with detergent any exposed interior horizontal hard surfaces in the regulated areas and HEPA vacuum the regulated areas.