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Health Code›Article 12B — SOIL BORING AND WELL REGULATIONS

San Francisco County Municipal Code Div. V Miscellaneous Provisions

San Francisco County Municipal Code · 2026-09 edition · updated 2026-10-04 · San Francisco County

Cite as: San Francisco County Municipal Code Division V · Text as of 2026-10-04

SEC. 835. REGULATIONS. (a) The Director may adopt and, from time to time, may amend reasonable regulations implementing the provisions and intent of this Article. The regulations shall be approved by the Commission at a public hearing. In addition to any notices required by law, before the Commission approves the issuance or amendment of any rule or regulation, the Director shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City of the intent to issue or amend the rule or regulation. (b) Regulations promulgated by the Director and approved by the Commission shall be maintained in the Office of the Clerk of the Board of Supervisors. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 836. REMEDIES NOT EXCLUSIVE. Remedies provided for in this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 837. DISCLAIMER OF LIABILITY. (a) Any degree of protection required by this Article is considered reasonable for regulatory purposes. This Article shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Article or any administrative decision, lawfully made pursuant to this Article. (b) In undertaking the implementation of this Article, the City is assuming an undertaking only to promote the public health, safety, and 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. (c) Except as otherwise required by State or federal law, all inspection specified or authorized by this Article shall be at the discretion of the City and nothing in this Article shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

SEC. 838. FEES. The Department may charge fees to recover costs incurred in regulating the construction, modification, operation, and destruction of soil borings and wells as set forth in the San Francisco Municipal Code. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 839. NOT EXEMPTED FROM PAYING OTHER FEES. Payment of fees as provided in this Article does not exempt the person from payment of any other charges which may be levied pursuant to other sections of the San Francisco Municipal Code or written rules and regulations of any department related to the permit. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 840. NOT EXEMPTED FROM COMPLIANCE WITH OTHER LAWS. Nothing in this Article shall be deemed to excuse any person from compliance with the requirements of the California Water Code and any other applicable provisions of local, state or federal laws. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 841. DISCRETIONARY DUTY. Subject to the limitations of due process, notwithstanding any other provision of this Article 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. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 842. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Article would be subsequently declared invalid or unconstitutional. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

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