San Francisco County Municipal Code Ch. 12 Residential Energy Conservation

Sec. 1201. Title. Sec. 1202. Findings. Sec. 1203. Intent. Sec. 1204. Definitions. Sec. 1205. Energy Inspections. Sec. 1206. Qualified Energy Inspectors. Sec. 1207. Proof of Compliance with Minimum Energy Conservation Measures. Sec. 1208. Exemptions and Postponement. Sec. 1209. Limitation of Expenditure. Sec. 1210. Energy Conservation Requirements Upon Major Improvement, Metering Conversion, Residential Condominium Conversion, or Complete Inspection. Sec. 1211. Energy Inspection Requirement at Transfer of Title. Sec. 1212. Required Energy Conservation Measures. Sec. 1213. Appeal from Results of an Energy Inspection. Sec. 1214. Amortization in Rental Property. Sec. 1215. Civil Remedies. Sec. 1216. Fees. Sec. 1217. Rules. Sec. 1218. Interim Rules. Sec. 1219. Ordinance Review. Sec. 1220. Severability.

SEC. 1201. TITLE. This Chapter shall be known as the Residential Energy Conservation Ordinance. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007) SEC. 1202. FINDINGS. The Board of Supervisors finds that: (a) As a result of dependence upon conventional sources of energy, the citizens of San Francisco will continue to experience rapid increases in the cost of home energy and uncertainty as to the availability of future home energy supplies. (b) Significant opportunities exist for the citizens of San Francisco to reduce energy consumption and become less dependent on the supply of conventional energy for home use, through the installation of proven energy conservation technologies in existing homes. (c) Conservation of electricity and natural gas is essential to the economic security and well-being of the people of San Francisco. Conservation reduces overall demand for electricity and natural gas and therefor helps reduce both the cost of energy and the rate of inflation. Benefits to the community as a whole can be realized through reduced energy costs as a direct result of conservation. These benefits include the lowering of housing costs, stimulation of the local economy and creation of local jobs. (d) While the increasing burden of utility costs has stimulated some conservation investment in owner-occupied housing, little progress has been made in improving energy efficiency in rental housing where owners do not pay utility bills or where utility costs are included in the rent. Rental housing comprises approximately two-thirds of all San Francisco housing. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)

SEC. 1203. INTENT. It is the intent of this ordinance to contribute to the affordability of San Francisco housing by promoting the wise and efficient use of energy through cost-effective energy conservation standards for residential housing. It is also the intent to overcome the current barriers to energy conservation in rental housing and to reduce the impact of rising energy costs upon renters. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007) SEC. 1204. DEFINITIONS. In addition to the definitions contained in Chapter 4 of this Code, for the purposes of this ordinance the following words and phrases shall have the meanings ascribed to them by this Section. (a) Accessible. There is insufficient space in which to install the specified energy conservation measure without significant alteration to the structure. (b) Accessible Attic Space. A space between a ceiling joist and roof rafter where the vertical clear height from the top of the bottom chord of the truss or ceiling joist to the underside of the roof sheathing at the roof ridge is 18 inches or greater. (c) California Plan for the Residential Conservation Service. The plan adopted by the California State Energy resources Conservation and Development Commission and filed with the U.S. Department of Energy on June 4, 1980, as amended in January 1981, to meet the requirements of the National Energy Conservation Policy Act of 1978 (Public Law 95-619, Title II, Part 1). (d) Complete Inspection. An inspection of the entire building done by the Department of Building Inspection, including but not limited to: inspection of all buildings with "R1," "R2," and "R3" occupancies as defined in the Building Code pursuant to the Department's code enforcement program, inspections for RAP loans and inspections for condominium conversion. An inspection of only the public areas of a building does not constitute a complete inspection. (e) Cost-effective. That the contractor installed cost of any energy conservation measure amortized over its useful life will be equal to or less than the amount of money saved by consumers. In figuring the cost of an energy conservation measure, the interest rate charged at the time of installation is included. (f) Escrow. As used herein, an escrow opened for the sale and purchase of real residential property situated in the City and County of San Francisco. (g) Energy Inspection. An inspection of a dwelling to determine which energy conservation measures required under this ordinance are needed. (h) Meter Conversion. The replacement of a master meter for electricity or natural gas that serves more than one dwelling unit with individual meters that serve each dwelling unit separately. (i) Residential Building. Any privately owned single or multiple unit dwelling, apartment house, condominium or other building used for "R1," "R2," or "R3" occupancy as defined in the Building Code, excluding mobile homes, tourist hotels and motels. The residential portion of any residential building occupied as mixed residential commercial use shall be considered a residential building within the meaning of this chapter. (j) R-value. The measure of the resistance of a material or building component to the passage of heat. R-value is measured in the United States customary units based upon square feet per hour per degree Fahrenheit divided by Btu. (k) Simple Economic Payback. The time needed to recover a conservation investment on the basis of expected energy savings at current energy costs. Simple economic payback is expressed in years, and is calculated by dividing the estimated contractor-installed cost of a conservation measure by the estimated dollar savings in the first year. Available tax credits and future energy costs are not considered in the calculation. (l) Transfer of Title. 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 of ownership described in Subdivisions (c) and (h) of Section 61 and Subdivision (c) of Section 64 of the Revenue and Taxation Code. (m) Unheated Areas. Any space exposed to ambient temperatures and not provided with a heat supply capable of maintaining a minimum temperature of 50 degrees Fahrenheit. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1205. ENERGY INSPECTIONS. An energy inspection which satisfies the requirements of this chapter may be either: (a) Any complete inspection by the Department of Building Inspection for a residential building; (b) Any energy inspection or energy audit conducted according to standards established by the California Plan for the Residential Conservation

Service for a residential building containing one or two dwelling units. (c) Any energy inspection or energy audit by a utility whose energy inspection or audit program meets the requirements of this chapter as determined by the Director; or (d) Any inspection by an inspector authorized by Section 1206(a)(2) of this chapter for compliance or noncompliance with the energy conservation requirements of this chapter. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1206. QUALIFIED ENERGY INSPECTORS. (a) Energy inspections required pursuant to this ordinance may only be conducted by one of the following: (1) A utility energy auditor, or contracting representative of a utility, certified by the State under the California Plan for the Residential Conservation Service; (2) A private energy inspector authorized by the City and County of San Francisco; or (3) An authorized inspector of the Department of Building Inspection. (b) In addition, private energy inspections may be conducted on a contractual basis with the Department of Building Inspection under terms and fees to be recommended by the Department of Building Inspection and established by the Board of Supervisors. (c) In reviewing an application for authorization to conduct private energy inspections, the Director must determine that the applicant has a high level of technical competence and objectivity relative to the application of this chapter and other provisions of this Code and the Building Code relating to energy conservation. (d) No authorized energy inspector may have a direct financial interest in the sale or installation of an energy conservation device required under this ordinance when inspecting residential buildings containing three or more dwelling units. Nor may an authorized energy inspector conduct an energy inspection on any building in which that inspector has an interest. (e) The Director shall publish written standards and guidelines which shall govern the review of applications for authorization to conduct private energy inspections. These guidelines shall contain procedures for revocation of an authorization to conduct private energy inspections where the Director determines that the inspector is incompetent or nonobjective. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1207. PROOF OF COMPLIANCE WITH MINIMUM ENERGY CONSERVATION MEASURES. (a) Contents. The Department of Building Inspection shall provide a standardized form, that may be paper and/or electronic, suitable for conducting a valid energy inspection and certifying compliance with the requirements of this ordinance. Said form shall contain both an inspection form listing energy conservation measures required by the Chapter and a compliance certificate. (b) Inspection Form. The inspection form shall be completed and signed by any qualified inspector, furnished to the building owner or the owner's authorized representative, and submitted to the Department of Building Inspection within 15 days from the date of completing the inspection. (c) Certificate of Compliance. When all of the energy conservation requirements have been met, the certificate of compliance shall be submitted to the Department of Building Inspection by one of the following: (1) A qualified energy inspector pursuant to Section 1206; or (2) For a residential building containing one or two dwelling units only: the state licensed contractor who installed the energy conservation measures required as a result of the energy inspection; or (3) An authorized agent of the Department of Building Inspection. (d) Filing and Recording. Proof of compliance with the requirements of this Section shall be accomplished by submitting a copy of the completed certificate of compliance to the Department of Building Inspection which shall maintain a paper and/or electronic copy. A copy of the completed certificate of compliance shall be recorded by the building owner, or the building owner's authorized representative, with the San Francisco County Recorder's Office. In the event of a title transfer, it shall be recorded prior to or concurrent with transfer of title. (e) Public Record. Energy inspection results and certificates of compliance shall be public information and shall be available for inspection by any interested person during regular business hours at the Department of Building Inspection. (f) Limitation of Utility Inspections. Nothing in this Section nor in any other provision of this chapter shall impose any obligation on a utility to perform more than one visit to a dwelling unit for any purpose. Nothing in this Section nor in any other provision of this chapter shall impose any obligation on a utility energy auditor to visit a dwelling unit solely for certification of compliance purposes. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009)

SEC. 1208. EXEMPTIONS AND POSTPONEMENT. (a) No energy inspection and consequent installation of energy conservation measures shall be required for: (1) Any residential building for which proof of compliance with the energy conservation requirements of this ordinance has been recorded with the Department of Building Inspection and the Recorder's Office of the City and County of San Francisco; (2) Any portion of a residential building for which a building permit for its construction was granted after July 1, 1978; (3) Any residential building which is occupied as a mobile home; (4) Any residential building, or portion thereof, which is occupied as a hotel, motel or inn and which has a certificate of use for tourist occupancy; or (5) Any portion of a residential building which is converted to tourist hotel use pursuant to the Residential Hotel Conversion Ordinance (Administrative Code, Article 41). (b) Postponement of Requirements. Application of inspection and energy conservation requirements for any residential building shall be postponed for one year from the date of application for a demolition permit for said building. If the residential building is demolished and a Certificate of Completion issued by the Department of Building Inspection before the end of the one-year postponement, the requirements of this chapter shall not apply. If the residential building is not demolished after the expiration of one year, the provisions of this chapter shall apply even though the demolition permit is still in effect or a new demolition permit has been issued. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1209. LIMITATION OF EXPENDITURE. In no case shall any building owner be required to spend more than one percent of the purchase price indicated on the real estate sales contract (in cases where the energy inspection was conducted in connection with transfers to title to residential building), or one percent of the assessed value of the building, whichever is greater, to comply with the requirements of this ordinance, nor in the case of a building of two units or less, shall the cost exceed $1,300; provided, however, that the building owner must install any combination of required energy conservation measures for which the sum of all expenditures most closely equals but does not exceed the aforementioned cost limitation. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 31-94, App. 01/14/94; Ord. 256-07, App. 11/6/2007) SEC. 1210. ENERGY CONSERVATION REQUIREMENTS UPON MAJOR IMPROVEMENT, METERING CONVERSION, RESIDENTIAL CONDOMINIUM CONVERSION, OR COMPLETE INSPECTION. A valid energy inspection pursuant to Section 1205 and subsequent compliance with required energy conservation measures pursuant to Section 1212 shall be required of a residential building as follows: (a) Metering Conversion. As a condition for issuance of a Certificate of Inspection and Approval for a metering conversion by the Department of Building Inspection; (b) Major Improvements. As a condition for issuance of a Certificate of Inspection and Approval upon completion of improvements having an estimated valuation as follows: (1) Buildings containing one or two dwelling units – in excess or $20,000. (2) Buildings containing three or more dwelling units, excluding residential hotels – in excess of $6,000 per unit. (3) Residential hotels – in excess of $1,000 per unit. (c) Condominium Conversion. As a condition of approval of a Certificate of Final Completion and Occupancy; (d) Complete Inspection. Within 180 days after a complete inspection is performed by the Department of Building Inspection. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1211. ENERGY INSPECTION REQUIREMENT AT TRANSFER OF TITLE. (a) Prior to any transfer of title of any residential building subject to the provisions of this chapter as a result of sale or exchange, the seller, or the seller's authorized representative, shall obtain a valid energy inspection and shall install all applicable energy conservation measures required by Section 1212 as enumerated in the energy inspection form. The seller, or the seller's authorized representative, must furnish a copy of the completed inspection form showing compliance with this chapter to the buyer prior to transfer of title. (b) Title Transfer Exemption. A transfer of a residential building by operation of law rather than by purchase is exempt from the provision of

this chapter. This exemption includes, but is not limited to: (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 mortgagee 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 a domestic partner registered with the State of California, or to a person or persons in the lineal line of consanguinity of one or more of the transferors; (6) Transfers between spouses or domestic partners resulting from a decree of dissolution of a marriage or a domestic partnership 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; (11) Transfers for which a transfer agreement was entered into prior to the effective date of this ordinance. (c) Energy and Water Conservation Escrow Account. The seller, or the seller's authorized representative, may transfer responsibility for compliance with the minimum energy conservation measures of Section 1212 and the minimum water conservation measures of Section 12A10 to the buyer of the building if at the time of transfer of title: (1) A valid energy inspection, within the meaning of Section 1205, and a valid water conservation inspection within the meaning of Section 12A09 have been made and the inspection form or forms filed with the Department of Building Inspection along with notification indicating that an escrow account has been set up pursuant to this Section and giving the escrow holder's name and address and the escrow number; (2) A written agreement signed by the buyer and seller is deposited into the escrow containing the following; (i) The buyer's agreement that the required energy and water conservation measures will be installed within 180 days of transfer of title, (ii) The seller's agreement that funds equal to one percent of the purchase price indicated on the accepted purchase offer shall be retained by the escrow holder and disbursed as follow: (a) Upon delivery to the escrow holder of a copy of the completed certificate of compliance as filed with the Department of Building Inspection within 180 days after the close of escrow, the escrow holder shall, upon written instructions of the buyer, disburse so much of these funds as are required to pay the provider(s) of the materials and labor used to bring the property into compliance with the provisions of this chapter and Chapter 12A and shall disburse any surplus thereafter remaining to the seller; (b) If such certificate of compliance is not delivered to the escrow holder within 180 days after the close of escrow, all said funds shall be deposited into the Residential Energy Conservation Account of the Repair and Demolition Fund of the City and County of San Francisco established pursuant to Section 102.13 of the San Francisco Building Code (Part II, Chapter I of the San Francisco Municipal Code) to be used exclusively to bring the building into compliance with the provisions of this chapter and Chapter 12A, with any surplus funds to be returned to the seller once compliance is achieved. No funds shall be deposited in the Residential Energy Conservation Account under this Subsection as long as, in the case of the subject building: (A) an appeal is pending or an extension has been granted pursuant to Section 1213 of this chapter; (B) an appeal is pending pursuant to Section 12A11 of this Code; or (C) a complaint is pending in court on behalf of the buyer or seller, or an arbitration proceeding is underway between the buyer and seller, with respect to the disposition of the escrow fund for the purpose of completing energy or water conservation measures pursuant to this Code. (d) Notice of the Requirements of This Ordinance. The seller, or the seller's authorized representative involved in the sale or exchange of residential building subject to the provisions of this chapter and Chapter 12A, shall give written notice of the requirements of this ordinance to the buyers. Prior to the effective date of this ordinance an informational brochure specifying the energy and water conservation requirements shall be made available by the Department of Building Inspection. Delivery of this brochure to the buyer shall satisfy the notice requirements of this Section. Failure to give notice as required by this Section shall not excuse or exempt the seller or buyer of a residential building from compliance with the requirements of this chapter and Chapter 12A. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009) SEC. 1212. REQUIR

this Section. Failure to give notice as required by this Section shall not excuse or exempt the seller or buyer of a residential building from compliance with the requirements of this chapter and Chapter 12A. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009) SEC. 1212. REQUIRED ENERGY CONSERVATION MEASURES. The following energy conservation measures are required by this ordinance for a residential building; provided, however, that if the owner proves, pursuant to Section 1213, that the application of any energy conservation measure is not cost-effective, that measure shall not be required.

(a) Building containing one or two dwelling units: (1) Ceiling insulation to a minimum resistance level of R-19 over the entire accessible attic space, provided that the existing ceiling insulation is less than R-11. Before insulation is installed in a building not meeting this standard, dropped spaces in attic floors, such as those above stairwells, shall be sealed effectively to limit air infiltration. Installation of ceiling insulation shall be required to conform to Section 720 of the Building Code. (2) Weatherstripping of all doors, unless fire-rated, which lead to unheated areas so as effectively and reliably to limit air infiltration. Doors which cannot be weatherstripped without the replacement of the entire door or doorframe are exempted from this requirement, unless the door is, for other reasons, being repaired or replaced. The Director, in the guidelines, shall specify those types of weatherstripping which are acceptable. In determining which types of weatherstripping are acceptable, the Director shall consider, among other matters, whether the weatherstripping meets the energy conservation goals of this chapter and is cost-effective. (3) An external water heater insulation blanket with a minimum installed thermal resistance of R-6 on accessible water heaters. Installation of external water heater insulation blankets shall meet any safety standards set by the Director in the guidelines. In addition, the first four feet of accessible hot water pipe leading from the heater shall be insulated to a minimum resistance value of R-4. If foam is used to meet the R-4 standard, it shall be a closed-cell type with a minimum wall thickness of three-quarters of an inch. (4) Caulking or sealing of all accessible major cracks and joints and other openings in building exterior to reduce the loss of heated air or the entry of outside air where feasible. Sealing of all accessible major openings from the conditioned living space into unheated areas, including, but not limited to, those found around plumbing vent pipes, electrical wiring, or furnace flue pipes. (5) Insulating all accessible supply and return heating and cooling system ducts and plenums, which are located in unheated areas, to a minimum resistance value of R-3 and sealing of all accessible duct and plenum joints with pressure-sensitive tape or mastic. (b) Building containing three or more dwelling units: (1) All measures specified in Subsection (a) of this Section to the extent applicable to the structure. (2) Insulation of all accessible recirculating hot water, steam, or steam condensate return piping throughout the structure to a minimum resistance value of R-4 and all hot water storage tanks to a minimum resistance value of R-6; (3) Cleaning and tuning of boiler units to improve combustion efficiency. Unless the boiler has been cleaned and tuned to ensure peak combustion efficiency within the last five years and bears a tag so certifying issued by a utility inspector or contractor regularly engaged in the field of combustion efficiency, the boiler shall be cleaned and tested for combustion efficiency and appropriate adjustments made to ensure peak combustion efficiency by such a utility inspector or a contractor, who shall post a tag on or near the boiler stating that a combustion efficiency test has been performed and peak efficiency has been obtained through adjustment of the boiler's controls and cleaning where needed, and the date the test was performed. In addition, all boilers shall have the permit required by Chapter 1, Schedule 1-M of the Building Code; (4) Repair of all hot water and steam leaks on boiler units, including replacement of defective steam traps and valves; (5) Time clock control of burner; and (6) Any interim measures adopted by the Director pursuant to Section 1217 or 1218 of this chapter. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009; Ord. 232-25, File No. 250975, App. 11/21/2025, Eff. 12/22/2025, Oper. 1/1/2026) SEC. 1213. APPEAL FROM RESULTS OF AN ENERGY INSPECTION. (a) Appeal from Results of an Energy Inspection. Any person with an interest in the property subject to an energy inspection, who contests the determination of an energy inspector regarding required energy conservation measures or who claims that the application of a required energy conservation measure is not cost-effective may appeal said decision to the Director within 10 working days from the date the completed inspection form was filed with the Department of Building Inspection. The notice of appeal shall state, clearly and concisely, the grounds upon which the appeal is based. The burden of proof shall be on the appellant to demonstrate that the energy conservation measure is not required under this chapter or that it is not cost-effective. The determination of the Director shall be final and the issues decided by this determination may not be heard by the Abatement Appeals Board pursuant to the provisions of Section 1216 of this chapter. (b) Filing Fee. Any appeal pursuant to Section 1214 shall be accompanied by payment of a filing fee. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1214. AMORTIZATION IN RENTAL PROPERTY. (a) Whenever amortization of capital improvements is required pursuant to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37, Section 37.7 of the Administrative Code), installation of energy conservation measures shall be deemed to be capital improvements within the meaning of Section 37.7 of the Residential Rent Stabilization and Arbitration Ordinance so long as such ordinance remains in effect. (b) When required energy conservation expenditures form part of a RAP loan

ization and Arbitration Ordinance (Chapter 37, Section 37.7 of the Administrative Code), installation of energy conservation measures shall be deemed to be capital improvements within the meaning of Section 37.7 of the Residential Rent Stabilization and Arbitration Ordinance so long as such ordinance remains in effect. (b) When required energy conservation expenditures form part of a RAP loan, expenditures shall be amortized over the term of the loan and rent increase will be subject to the RAP loan rent limits. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)

SEC. 1215. CIVIL REMEDIES. (a) Abatement. Whenever the installation of an energy conservation measure in a residential building is required pursuant to this chapter and the energy conservation measure has not been installed within 180 days from the date of the energy inspection or, if there has been no energy inspection, within 180 days from the date the residential building was first required to comply with the provisions of this chapter, that residential building shall constitute a nuisance under the terms of Chapter 4 of this Code. The nuisance shall be abated by civil action pursuant to Section 201(e) of this Code, provided further that in no event shall any violation constitute a misdemeanor. (b) Title Transfer. In addition, when an inspection and installation of conservation measures was required pursuant to this chapter as a result of a title transfer, civil action may be instituted by a buyer to require compliance with the requirements of this ordinance. (c) Exceptions. In undertaking this program of energy inspections, 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 an employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. No civil liability, based on this ordinance, shall ensue from claims that the performance of, nonperformance of, negligent performance of, untimely performance of, or failure to perform in a proper manner, an energy inspection or energy audit caused injury to any person where that inspection or audit is conducted by a utility, or representative of a utility, which offers an energy inspection or audit service for which no charge is made to the homeowner. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007) SEC. 1216. FEES. (a) Fees. Reasonable fees shall be required to pay for, but not exceed, the costs of implementing this chapter and Chapter 12A. Such fees shall be established by the Board of Supervisors upon recommendation of the Director of the Department of Building Inspection and shall include: (1) The cost of inspections performed by the Department of Building Inspection; (2) The cost of the appeal and request for exemption process; (3) The cost of filing and processing documents at the Department of Building Inspection;

(4) The cost of printing forms and informational brochures by the Department of Building Inspection; (5) Other expenses incurred by the City and County of San Francisco in implementing this ordinance. (b) Fee Schedule. See Building Code Section 110A, Table 1A-N, for the applicable fees. (c) Fee Review. The Director of the Department of Building Inspection shall cause an annual report of fees to be made and filed with the Controller as set forth in Section 3.17-2 of the San Francisco Administrative Code. The Controller shall review the report and file it with the Board of Supervisors along with proposed ordinance readjusting the fee rates as necessary. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009) SEC. 1217. RULES. (a) The Director of the Department of Building Inspection shall adopt and, from time to time, may amend reasonable rules and guidelines implementing the provisions and intent of this ordinance. A public hearing shall be held prior to the adoption, or any amendment of the rules and guidelines. In addition to notices required by law, the Director shall send written notice, at least 15 days prior to the hearing, to any utility servicing San Francisco who participates in the California Plan for Residential Conservation Service and to any interested party who sends a written request to the Department for notice of hearings on energy conservation requirements. (b) In developing such rules and guidelines, the Director shall consider, inter alia, the standards of the California Plan for the Residential Conservation Service with the purpose of coordinating with local utilities the types of products, installation standards, and inspection procedures which will satisfy the requirements of this Article. Such rules may relate, but are not limited to: (1) Acceptable energy conservation materials and devices; (2) Acceptable installation practices; (3) Processing of appeals; (4) Payment of fees; and (5) Inspection procedures. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1218. INTERIM RULES. The Board of Supervisors finds that, currently, the information available as to what additional energy-conservation measures are cost-effective in buildings containing three or more dwelling units is incomplete. The Board of Supervisors therefore authorizes the Director of the Department of Building Inspection to adopt additional interim requirements for the installation of energy conservation measures in residential buildings containing three or more dwelling units in the following manner: (a) The Director shall hold a public hearing at which testimony may be given regarding the proposed interim requirement, prior to making a determination. Notice of the hearing shall be sent as provided in Section 1217(a). (b) The Director shall then adopt the proposed interim requirement if he or she determines that the measure is cost-effective within the meaning of this chapter and has a simple economic payback not exceeding five years, according to the best information available. In developing such requirements, the Director shall closely coordinate with ongoing utility programs and the California Energy Commission. (c) Within two years of adoption of any interim requirement, the Director shall make a final determination as to whether the interim requirement is cost-effective. If the Director determines that the interim requirement is not cost-effective, then the requirement shall be canceled. If the Director determines that the interim requirement is cost-effective, the Director shall present a report on the interim requirement and proposed legislation to implement the requirement to the Board of Supervisors prior to the expiration of the two-year period. A public hearing shall be held on the proposed legislation and the Board of Supervisors shall give notice in the same manner as provided in Section 1217(a). (d) The interim requirement shall remain in effect for 90 days beyond the expiration of the two-year period. If the Board of Supervisors does not pass the proposed legislation, the interim requirement will expire at the end of the 90-day period. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007) SEC. 1219. ORDINANCE REVIEW. A public hearing shall be held one year after all provisions of this ordinance have become effective for the purpose of reviewing the provisions and operation of this ordinance. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)

SEC. 1220. SEVERABILITY. If any provisions or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions, and clauses of this ordinance are declared to be severable. (Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)