San Francisco County Municipal Code § 327.4 Provisions for All Compliance Methods

327.5 Notification Requirements. 327.5.1 Post sign. Not later than the commencement of work subject to this section, the owner or, where the owner has entered into a contract with a contractor to perform work subject to this section, the contractor shall post signs in a location or locations clearly visible at the access points to interior regulated areas, such as at the entrances of the affected residential unit(s) or common areas, and in the case of exterior work, shall post signs in a location or locations clearly visible to adjacent properties stating the following: LEAD WORK IN PROGRESS PUBLIC ACCESS TO REGULATED AREA PROHIBITED POSTED IN ACCORDANCE WITH SF EXISTING BUILDING CODE SECTION 327 .5.1 327.5.2 Requirements for sign. The sign required by Section 327.5.1 shall be not less than 24 inches (609.6 mm) square and shall be in large boldface capital letters no less than ½ inch (12.7 mm) in size. The Director shall make available to the public a sign that complies with these requirements and states the required information in English, Chinese and Spanish. The sign required by this section shall remain in place until the work subject to this section has been completed. Where it is not possible to post signs in a conspicuous location or locations clearly visible at the access points to interior regulated areas, such as at the entrances of the affected residential unit(s) or common areas, and in the case of exterior

work, in a location or locations clearly visible to the adjacent properties, the owner or, where the owner has entered into a contract with a contractor to perform work subject to this section, the contractor shall provide the notice in written form, such as a letter or memorandum, to the occupants of adjacent properties. 327.5.3 Notice to residential occupants. Except as may be otherwise inconsistent with state law, where work subject to the requirements of this section is to be performed on a residential property or structure regulated by this section and occupied by one or more residential occupants, not less than three business days before work subject to this section is to commence, the owner shall provide the following information: 327.5.3.1 The notice shall be in the form of a sign, letter or memorandum and shall prominently state the following: Work is scheduled to be performed beginning [date] on this property that may disturb or remove lead-based paint. The persons performing this work are required to follow State and local laws regulating work with lead-based paint. You may obtain information regarding State laws by calling the California Department of Health Services. You may obtain information regarding local laws, or report any suspected violations of these requirements, by calling the San Francisco Department of Building Inspection. In addition, you may obtain information regarding your rights as a tenant under the San Francisco Administrative Code, by calling the San Francisco Rent Stabilization Board. Finally, the owner of this property is required to provide residential occupants with a copy of the U.S. Environmental Protection Agency pamphlet titled “Protect Your Family From Lead-Based Paint in Your Home,” unless the owner has previously provided this pamphlet to residential occupants. The Director shall make available to the public a form that states the required information in English, Chinese and Spanish. 327.5.4 Early commencement of work. An owner may commence, or may authorize a contractor to commence, work subject to this section less than three business days after providing notices required in Sections 327.5.3 above when the owner determines that such work must be commenced immediately in order to correct life-safety hazards. 327.5.5 Early commencement of work requested by residential occupant. Upon written request of residential occupant, an owner may commence, or authorize a contractor to commence, work subject to this section less than three business days after providing notices required in Section 327.5.3. 327.6 Inspection and Sampling. 327.6.1 Authority to inspect. The Director is authorized to inspect the interior or exterior of any building or steel structure upon which work subject to the requirements of this section is being performed for the purpose of determining whether the work is being carried out in accordance with the requirements of this section. This inspection authority shall be exercised in accordance with San Francisco Building Code Section 104A.2.3. 327.6.2 Response to complaint. Upon receiving a complaint, the Director shall (1) review the complaint; and (2) where deemed necessary by the Director, conduct an inspection at the job site within two business days to determine the validity of the complaint. 327.6.3 Evaluation of complaint. When determining the validity of a complaint, if the Director is not able to observe the actual performance of any work practices constituting violations of Sections 327.3, 327.4 and/or 327.5, the Director shall investigate and consider the following: 327.6.3.1 The containment and barrier systems, work measures and work tools being used by the responsible party; 327.6.3.2 The color(s) of paint being disturbed or removed by the responsible party; 327.6.3.3 The color(s), quantities, nature and locations of work debris; 327.6.3.4 The color(s), locations and conditions of paint on buildings or steel structures adjacent to the regulated area, including without limitations adjacent properties, to determine if such paint could be a source of the work debris; 327.6.3.5 Any work being performed on adjacent properties which could be a source of the work debris; and 327.6.3.6 A record of clearance inspection of the regulated area performed after the completion of the work regulated under this section or records of any lead-based paint testing performed for the regulated area, if available; and 327.6.3.7 Any other relevant evidence that the Director determines in the exercise of his or her discretion would help to determine whether a violation of this section has occurred. 327.6.4 Authority of Director. The Director or the Director of the Department of Public Health may also collect paint, dust and soil samples from the property where the work is being performed and from adjacent properties in order to determine the validity of a complaint. The Director shall have the authority to order a clearance inspection of the regulated area if he or she determines that there has been a violation of the requirements of Section 327.3 or 327.4. 327.7 Enforcement. In addition to the enforcement authorities granted to the Director by San Francisco Building Code Chapter 1, whenever the Director determines that a violation of the provisions of this section has occurred, the Director may assess an administrative penalty against the responsible parties pursuant to Section 327.8. The notice of penalty shall be served on the party against whom the penalty is being assessed. The notice of penalty shall be final and shall be adopted by the Director as a Director’s Order if the responsible party fails to appeal the notice of penalty as provided for in Subsection 327.8. 327.8 Penalties. 327.8.1 In addition to any other penalties authorized by law, the Director may impose administrative penalties for violations of this section. Such penalty shall not exceed $500 per violation per day. In addition to the administrative penalties assessed pursu

r as a Director’s Order if the responsible party fails to appeal the notice of penalty as provided for in Subsection 327.8. 327.8 Penalties. 327.8.1 In addition to any other penalties authorized by law, the Director may impose administrative penalties for violations of this section. Such penalty shall not exceed $500 per violation per day. In addition to the administrative penalties assessed pursuant to this section, the Director may assess additional fees to cover the reasonable costs incurred in enforcing the administrative penalties. Penalties and fees assessed shall continue to accrue against the responsible party or parties until the violation of this section is abated or otherwise remedied in the judgment of the Director. Each day in which the violation continues unabated constitutes a separate and distinct violation. 327.8.1.1 Use of penalty. Any administrative penalty and fee received by the Treasurer of the City and County of San Francisco shall be placed in the Building Inspection Fund and used to offset the Department’s costs in connection with the administration and enforcement of this section. 327.8.2 Appeal penalty. A responsible party may appeal the imposition of the administrative penalty by requesting, in writing, a Director’s

hearing. Such appeal shall be made within 15 business days from the issuance of the notice of penalty and shall specify grounds for appealing the imposition of the administrative penalty. Upon a timely request for a Director’s hearing, the Director shall conduct an administrative hearing in accordance with Section 327.9. 327.8.2.1 Alternative penalty. The Director, in his or her discretion, may allow a responsible party found to be in violation of this section to attend a training course approved by the State of California Department of Health Services in lead-related construction supervision and project monitoring in lieu of paying an administrative penalty pursuant to Section 327.8.1 in which case the penalty is stayed until such time that the responsible party provides proof of satisfactory completion of the course. The Director shall require proof of attendance and satisfactory completion of the course, including certification from the instructor or provider of the course before dismissing the penalty assessed against the person. Failure to provide such proof when requested by the Director shall result in the reinstatement of the assessed penalty against the responsible party. 327.8.2.1.1 Applicability. The alternative penalty set forth in Section 327.8.2.1 shall only be available to persons who have not previously completed such a training course and who have not been previously found by the Director to be in violation of this section. 327.9 Administrative Enforcement Procedures. 327.9.1 Action by the Director. If the responsible parties failed to comply with the notice of violation, Stop Work Order and/or notice of penalty issued pursuant to this code, the Director may: 327.9.1.1 Refer the matter for a hearing in accordance to the provision of this subsection; or 327.9.1.2 Issue another notice of violation, Stop Work Order, and/or notice of penalty, if appropriate; or