San Francisco County Municipal Code Div. II Administration

SECTION 101.0 – TITLE 101.1 Revise this section as follows: 101.1 Title. This document shall be known as the [ ← ] 2025 San Francisco Mechanical Code, may be cited as such, and will be referred to herein as “this code.” SECTION 103.0 – DUTIES AND POWERS OF THE AUTHORITY HAVING JURISDICTION 103.1 Revise the first paragraph as follows: 103.1 General. The Authority Having Jurisdiction shall be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction shall have the powers of a law enforcement officer. The Authority Having Jurisdiction, when necessary, may call upon the Police Department and other city agencies for aid or assistance in carrying out or enforcing any of the provisions of this code. The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall comply with the intent and purpose of this code. 103.4 Revise the first paragraph as follows: 103.4 Right of Entry. [ ← ] When it is necessary to make an inspection to enforce the provisions of this code or other codes or ordinances, or [ ← ] when the Authority Having Jurisdiction has reasonable cause to believe that there exists in a building or upon a premises a condition or violation of this code or other codes or ordinances that makes the building or premises unsafe, insanitary, dangerous or hazardous, the Authority Having Jurisdiction shall be permitted to enter the building or premises at reasonable times to inspect or to perform the duties imposed upon the Authority having Jurisdiction by this code or other codes or ordinances, provided that where such building or premises is occupied, the Authority Having Jurisdiction shall present credentials to the occupant and request entry. Where such building or premises is unoccupied, the Authority Having Jurisdiction shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, the Authority Having Jurisdiction has recourse to every remedy provided by law to secure entry. 103.5 Add the following section: 103.5 Authority Having Jurisdiction May Adopt Rules and Regulations. The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code. Such rules and regulations, commonly referred to as “Code Rulings” and “Administrative Bulletins,” supplemental to this code, shall not take effect until approved by the Building Inspection Commission and signed by the Authority Having Jurisdiction except in unusual circumstances where the Authority Having Jurisdiction has determined there is an immediate need to protect the public health and safety. When the Authority Having Jurisdiction finds that such circumstances exist, the Authority Having Jurisdiction may order immediate enforcement of a particular rule or regulation. The Authority Having Jurisdiction shall arrange for a subscription service to such rules and regulations, the entire cost of which is to be borne by the subscribers. 103.6 Add the following section: 103.6 Code Revisions. The Authority Having Jurisdiction shall transmit to the Building Inspection Commission, at intervals not exceeding three years, recommendations for changes to this code, based on studies of the following:

1. Requests of the Board of Examiners for variances from this code, and for approvals of alternate materials, alternate designs and methods of construction.

2. Code changes recommended by the Board of Examiners.

3. Code changes recommended by the Code Advisory Committee or other bodies subordinate to the Building Inspection Commission.

4. Results obtained and problems encountered from legal actions taken to correct code violations.

5. Changes or improvements in materials, methods of construction or design and changes proposed by interested persons.

6. Investigations of fire and structural damage to buildings, and of complaints of unsatisfactory mechanical system performance.

7. Periodic changes to the California Mechanical Code and other State regulations which may affect this code.

8. Administrative Bulletins and Code Rulings currently in effect.

9. Violations of this code found on inspections or investigations. SECTION 104.0 – PERMITS 104.2 Add item (6) as follows: (6) Replacement water heaters of not more than 100 gallons (378.54 liters) capacity are exempt from building permits when a new flue is not installed, but shall require plumbing permits. 104.3 Replace this section as follows: 104.3 Application for Permit. [ ← ] Applications for permits to perform regulated mechanical work shall conform to the applicable requirements as set forth in Chapter 1A of the Building Code and Chapter 1, Division II of the Plumbing Code. 104.4 Replace this section as follows: 104.4 Permit Issuance. [ ← ] Permit processing and issuance for regulated mechanical work shall conform to the applicable requirements as set forth in Chapter 1A of the Building Code and Chapter 1, Division II of the Plumbing Code. 104.4.3 Replace this section as follows: 104.4.3 Permit Expiration. [ ← ] Mechanical permits expire per Section 106A.4.4 of the San Francisco Building Code. Permit fees may be partially refunded if a written cancellation request is made to the Building Official prior to commencement of the permitted work and within 90 days of the date of permit issuance. See Section 110A, Table 1A-R Refunds of the Building Code for refunds. 104.5 Replace this entire section including subsections with the following section: [ ← ] 104.5 Fees. Fees for regulated mechanical work shall be as set forth in Chapter 1A of the Building Code and in Chapter 1, Division II of the Plumbing Code. SECTION 106.0 – VIOLATIONS AND PENALTIES 106.0 Add the following three sections: 106.7 Violations. Any person, the owner or the owner’s authorized agent, who violates, disobeys, omits, neglects or refuses to comply with, or resists or opposes the execution of any of the provisions of this code, shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department of Building Inspection’s Special Fund. 106.8 Any person, the owner or the owner’s authorized agent, who violates, disobeys, omits, neglects or refuses to comply with, or who resists or opposes the execution of any of the provisions of this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment, unless otherwise provided in this code, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue. Any person who shall do any work in violation of any of the provisions of this code, and any person having charge of such work who shall permit it to be done, shall be liable for the penalty provided. 106.9 It shall be unlawful for any person to interfere with the posting of any notice provided for in this code, or to tear down or mutilate any such notice so posted by the Department of Building Inspection. SECTION 107.0 – BOARD OF APPEALS 107.0 Replace this title and entire section as follows:

107.0 [ ← ] Board of Examiners. Applicants may appeal decisions made by the Department of Building Inspection to the Board of Examiners regarding approval of alternate materials, methods and types of construction and for variances from the provisions of this code. See Building Code Section 105A.1.