San Francisco County Municipal Code § 327.9 Provisions for All Compliance Methods

327.9.2 Notice of hearing. Notice of any hearing conducted under this section shall be given in accordance with San Francisco Building Code Chapter 1. 327.9.3 Hearing. Any hearing held pursuant to this section shall be conducted in accordance with San Francisco Building Code Chapter 1. 327.9.4 Decision. Except as otherwise provided for in this subsection, any decision issued pursuant to this subsection shall be issued in accordance with San Francisco Building Code Chapter 1A. 327.9.4.1 Where the order imposes administrative penalties, the order shall apprise the responsible parties of their rights to seek judicial review in the Superior Court of San Francisco pursuant to Section 1094.6 of the California Code of Civil Procedure. 327.9.5 Posting and service of order. The Director’s order shall be posted and served in accordance with San Francisco Building Code Chapter 1A. 327.9.6 Appeal of order. Any person may appeal the Director’s order issued pursuant to Section 327.9.4, provided that such appeal is in writing and filed with the Abatement Appeals Board pursuant to San Francisco Building Code Chapter 1A. Upon the determination of the Clerk of the Abatement Appeals Board that all requirements to make an appeal have been met, the monetary portion of the Director’s order shall be stayed pending the appeal. 327.9.6.1 A responsible party against whom administrative penalties are imposed may seek judicial review of the monetary portion of the order by filing a writ of mandate with the Superior Court of San Francisco pursuant to Section 1094.6 of the California Code of Civil Procedure. 327.9.7 Referral to the City Attorney’s Office. If the responsible parties fail to comply with a final and non-appealable order, the Director may refer the order to the City Attorney’s Office for civil prosecution. In any action brought by the City Attorney’s Office to enforce a final and nonappealable order, the responsible party shall be liable for all costs and fees including, but not limited, to attorneys fees incurred by the City. 327.10 Miscellaneous. 327.10.1 Method of service. Unless otherwise specified, any notices and orders issued pursuant to this section shall be served in accordance with San Francisco Building Code Chapter 1A. 327.10.2 Proof of service. The person serving the notice or order as provided herein shall file an affidavit or declaration thereof under the penalty of perjury, certifying the time and manner in which such notice was given. Such person shall also file therewith any receipt card of such notice or order if service was performed by certified mail. 327.11 Remedies and Enforcement by City Officials. 327.11.1 No obligation by City. In undertaking the enforcement of this section, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. 327.11.2 Discretionary duty. Subject to the limitations of due process, notwithstanding any other provision of this section, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion. 327.12 Severability. If any section, paragraph, sentence, clause or phrase of this section is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this section. The Board of Supervisors declares that it would have passed each section, paragraph, sentence, clause or phrase of this section irrespective of the fact that any portion of this section could be declared unconstitutional, invalid or ineffective. 328 Add the following section:

SECTION 328 – ASBESTOS INFORMATION AND NOTICE 328.1 Definitions. For the purpose of this chapter the following definitions shall apply: ASBESTOS means naturally occurring fibrous hydrated mineral silicates, chrysotile, crocidolite, amosite, fibrous tremolite, fibrous anthophyllite and fibrous actinolite. ASBESTOS-CONTAINING CONSTRUCTION MATERIAL means any manufactured construction material, including structural, mechanical and building material, which contains more than one percent asbestos by weight. ASBESTOS-RELATED WORK means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. MISCELLANEOUS MATERIAL means interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. NONRESIDENTIAL BUILDING means any building as defined in this code except: 1. A building which is used exclusively as a single-dwelling unit or multiple-dwelling units and is not occupied as a mixed residential- commercial use; 2. A building owned or operated by the state or federal government and exempt from the building permit requirements under San Francisco Building Code Section 106A.2; 3. A school building as defined in 15 U.S.C. 2642. SURFACING MATERIAL means material in a building that is sprayed-on, troweled-on or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members or other materials on surfaces for acoustical, fireproofing or other purposes. THERMAL SYSTEM INSULATION means material in a building applied to pipes, fittings, boilers, breeching, tanks, ducts or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes. TRANSFER OF TITLE means the conveyance of title to real property by one or more persons as a result of sale or exchange, and including the execution of a real property sales contract as defined in Section 2985 of the California Civil Code and any change in ownership described in subdivisions (c) and (h) of Section 61 and subdivision (c) of Section 64 of the California Revenue and Taxation Code, with the following exceptions: 1. Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain or transfers resulting from a decree for specific performance; 2. Transfers to a mortgage by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfer by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale; 3. Transfers by a fiduciary in the course of the administration of a guardianship, conservatorship or trust; 4. Transfers from one co-owner to one or more co-owners; 5. Transfers made to a spouse, or to a person or persons in the linear line of consanguinity of one or more of the transferors; 6. Transfers between spouses resulting from a decree of dissolution of a marriage or a decree of legal separation or from a property settlement agreement incidental to such decrees; 7. Transfers by the State Controller in the course of administering the Unclaimed Property Law, Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure; 8. Transfers under the provisions of Chapter 7 (commencing with Section 3691) and Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code; 9. Transfers resulting by operation of law; 10. Transfers by which title to real property is reconveyed pursuant to a deed of trust. 328.2 Asbestos Information Notice. 328.2.1 Nonresidential disclosure. The seller of any nonresidential building, except a nonresidential building for which a building permit to erect the structure was filed with the Department on or after January 1, 1979, shall disclose to the buyer, prior to transfer of title, what efforts, if any, the seller has made to determine if the building contains asbestos-containing construction materials and provide relevant documentation of these efforts. 328.2.2 Knowledge of seller. The seller of any non-residential building, except a nonresidential building for which a building permit to erect the structure was filed with the Department on or after January 1, 1979, who knows that the nonresidential building contains asbestos-containing construction materials, shall provide notice to the buyer prior to transfer of title of the following:

1. The existence of, conclusions from and a description or list of the contents of any survey conducted to determine the existence and location of asbestos-containing construction materials within the nonresidential building. The seller shall provide copies of any documentation of the final survey results, including any documentation of the inspector’s, laboratory’s or consultant’s asbestos inspection qualifications and state

certification. 2. Locations within the nonresidential building identified by the survey or known to the seller where asbestos-containing construction materials in the form of surfacing material, thermal system insulation or miscellaneous material are present. 3. Any final operation and management plans prepared for the seller by consultants, agents or employees of the seller identifying procedures or handling restrictions to minimize or prevent disturbance, release or exposure to the asbestos-containing construction material. 4. Results of any bulk sample analysis or air monitoring conducted for or by the seller or within the seller’s control, including reference to sampling and laboratory procedures utilized, and copies of the laboratory reports, monitoring data and sampling procedures. 5. Information in a final survey or other document prepared for the seller by consultants, agents or employees of the seller that (a) assesses the condition of asbestos-containing construction material in the form of surfacing material, thermal system insulation or miscellaneous material; or (b) evaluates the potential for exposure to building occupants. 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:
4. Any “school building” as defined in 15 U.S.C. Section 2642 as that section read on January 1, 1989;
5. Any “building” as defined in California Health and Safety Code Section 25920, as that section read on September 27, 1989; or
6. 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. 329 Add the following section: SECTION 329 – EARTHQUAKE EVALUATION OF PRIVATE SCHOOL STRUCTURES 329.1 General. Every buildin

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. 329 Add the following section: SECTION 329 – EARTHQUAKE EVALUATION OF PRIVATE SCHOOL STRUCTURES 329.1 General. Every building classified as an Educational Group E occupancy under San Francisco Building Code Section 305 that is not under the jurisdiction of the Division of State Architect’s Structural Safety section, and all non-building structures accessory to such buildings, shall be evaluated in accordance with the provisions of this Section 329. All evaluations required by Section 329 shall be conducted under the supervision of a licensed structural engineer. EXCEPTIONS: 1. Evaluation is not required for buildings occupied by 25 or more persons for less than 12 hours per week or four hours in any given day.

2. Evaluation is not required for schools with an enrollment of 25 or fewer students.
   3. Evaluation is not required for buildings not classified as Group E occupancy such as churches, places of religious worship, accessory residential buildings or similar non-educational uses. 329.1.1 Retroactivity. The requirements of Section 329 are retroactive and shall apply to all buildings and non-building structures within the scope of Section 329 that are in existence as of October 31, 2014 regardless of the date of construction. 329.2 Scope and Criteria. Each building and non-building structure shall be evaluated using ASCE 41-13 with the evaluation objective of Structural Life Safety with the BSE-1E hazard and Nonstructural Life Safety with the BSE-1E hazard as modified by an Administrative Bulletin to be adopted by the Department. An Evaluation required by Section 329 shall not in itself trigger any additional non-earthquake related work. 329.3 Evaluation Scope Submittal. No later than October 31, 2015, the building owner or the owner’s authorized agent shall submit to the Department an Evaluation Scope document listing each structure to be evaluated, the evaluation objective to be applied, and other information requested by the Department. 329.4 Evaluation Report Submittal. No later than October 31, 2017, the building owner or the owner’s authorized agent shall submit an Evaluation Report to the Department. The Evaluation Report shall conform to content and format requirements provided in the Administrative Bulletin adopted by the Department pursuant to Section 329.6. 329.5 Voluntary Minimum Life-Safety Retrofit. Any building or non-building structure subject to this Section, for which voluntary seismic retrofit is performed that meets or exceeds the criteria of ASCE 41-13, S-3 and N-C with the BSE-1E hazard, shall be exempt from any local mandatory seismic retrofit requirements until November 1, 2034. Such a building or non-building structure shall not be exempt from requirements associated with any addition, alteration, repair, change of occupancy, relocation, or other work regulated by this Code. 329.6 Administrative Bulletin. The Department shall prepare an Administrative Bulletin detailing the procedural implementation requirements for this Section 329. 329.7 Enforcement. Buildings and non-building structures in violation of this Section 329 may be considered to be unsafe. The Department may apply the provisions of San Francisco Building Code Section 102A, including 102A.13, Repair and Demolition Fund, in remedying such unsafe conditions. Enforcement action may be initiated by the Department for failure to comply with any of the requirements of Section 329, including failure to submit an Evaluation Scope document or Evaluation Report within the time designated by Sections 329.3 and 329.4. 329.8 Fees. Fees based on standard hourly rates in accordance with the SFBC Table 1A-D – Standard Hourly Rates shall be charged to compensate the Department for review and for related evaluation processing. 330 Add the following section: SECTION 330 – HOMELESS SHELTERS 330.1 Homeless Shelters. Notwithstanding any other provision of section 307, any addition, alteration, repair, installation, change or reconstruction of any building or structure, which is made in order to initiate, expand or continue a facility which, as approved by an authorized government agency, shelters otherwise homeless persons and which is operated by an organization exempt from federal income tax under Internal Revenue Code Sections 501(c)(3) or 501(d), shall meet only those requirements of this Code which are determined by the Building Official, pursuant to rules and regulations adopted by the Building Official in accordance with San Francisco Building Code Section 104A.1, after consultation with the Fire Department, to be necessary or appropriate to prevent a life hazard, or to prevent the building or structure from being or becoming substandard. With respect to minimum lateral force requirements, said bulletin shall not waive any requirement which can be satisfied by work eligible for financial assistance from the State of California. Any provisions waived by said bulletin shall be applied when homeless shelter use ceases and may be applied when homeless shelter use is reduced.