SEC. 351. REPORT.

   (a)   Report of Residential Building Record Required. Prior to the sale or exchange of any residential building, except the first sale or exchange, if this occurs within one year of the date of the Certificate of Final Completion of the construction of the building, the owner thereof, or their authorized agent, shall obtain from the Department of Building Inspection, a Report of Residential Building Record. Said report shall set forth the existing authorized occupancy or use of said residential building and the other information prescribed in Section 351(c) herein below.

      Such Report of Residential Building Record shall be delivered by the owner, or the authorized agent of said owner, to the buyer or transferee of said residential building prior to the consummation of the sale or exchange thereof, and the buyer shall file with the Department of Building Inspection, a receipt therefor, on a form furnished by said Department.

      It shall be unlawful for the owner of such residential building to sell or exchange same without first having obtained and delivered to the buyer the Report of Residential Building Record herein provided for.

      In addition to the foregoing, any person licensed by the State of California to sell property shall provide upon request, to any prospective buyer a copy of the Report of Residential Building Record issued in the manner herein above required for any residential property which the real estate broker has listed for sale.

   (b)   Residential Building Defined. A residential building, as used in this chapter, is a building or a portion thereof containing one or more dwelling units but not including hotels containing 30 or more guest rooms, or motels.

   (c)   Contents of Report of Residential Building Record. The Department of Building Inspection shall, upon application in the manner hereinafter provided, issue a Report of Residential Building Record to the owner which shall contain, in respect to said residential building, the following information, insofar as ascertainable from City records:

      (1)   (a)   Present authorized occupancy or use.

         (b)   Is this building classified as a residential condominium?

            Yes__________No__________

         (c)   Does this building contain any Residential Hotel Guest Rooms as defined in Chapter 41, San Francisco Administrative Code?

            Yes__________No__________

      (2)   Zoning district in which located.

      (3)   Building Code Occupancy Classification.

      (4)   Do records of the Planning Department reveal an expiration date for any nonconforming use of this property?

         Yes__________No__________

         If yes, what date? ______________

      (5)   Building construction date.

      (6)   Original occupancy or use.

      (7)   Construction, conversion, or alteration permits issued, if any.

      (8)   (a)   Is there an active Franchise Tax Board Referral on file?

            Yes__________No__________

         (b)   Is this property currently under abatement proceedings for code violations?

            Yes__________No__________

      (9)   Number of residential structures on property.

      (10)   (a)   Has an energy inspection been completed?

            Yes__________No__________

         (b)   If yes, has a proof of compliance been issued?

            Yes__________No__________

      (11)   (a)   Is the building in the Mandatory Earthquake Retrofit of Wood-Frame Building Program?

            Yes__________No__________

         (b)   If yes, has the required upgrade work been completed?

            Yes__________No__________

      (12)   Is the building located within the flood risk zone boundaries delineated on the San Francisco Public Utilities Commission’s 100-Year Storm Flood Risk Map?

         Yes__________No__________ Date of 100-Year Storm Flood Risk Map__________

   On the face of the report shall appear the following note in bold 10-point type:

Beware. This report describes the current legal use of this property as compiled from records of City Departments. There has been no physical examination of the property itself. This record contains no history of any plumbing or electrical permits. The report makes no representation that the property is in compliance with the law. Any occupancy or use of the property other than that listed as authorized in this report may be illegal and subject to removal or abatement, and should be reviewed with the Planning Department and the Department of Building Inspection. Errors or omissions in this report shall not bind or stop the City from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. The preparation or delivery of this report shall not impose any liability on the City for any errors or omissions contained in said report, nor shall the City bear any liability not otherwise imposed by law.

(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 165-95, App. 5/19/95; Ord. 350-95, app. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 199-13, App. 10/3/2013; Ord. 35-19, File No. 181108, App. 3/8/2019, Eff. 4/8/2019)