SECTION 326 – EXISTING BUILDINGS OR OTHER STRUCTURES LOCATED ON A MILITARY BASE SELECTED FOR CLOSURE

326  Add the following sections:

SECTION 326 – EXISTING BUILDINGS OR OTHER STRUCTURES LOCATED ON A MILITARY BASE SELECTED FOR CLOSURE

326.1  General.  As authorized by Assembly Bill 1644 California Military Base Reuse and Preservation Act of 2012, a building or other structure that is located on a military base selected for closure by action of the federal Defense Base Closure and Realignment Commission, including Naval Station Treasure Island (including Yerba Buena Island) and Hunters Point Naval Shipyard, may comply with the requirements of this code in a graduated manner over a period not to exceed three years, provided that:

   1.   The building or structure is in existence at the time the military base is selected for closure by action of the federal Defense Base Closure and Realignment Commission;

   2.   The building or structure will be safe for its intended use and occupancy;

   3.   The building or structure is under a lease from the federal government to either the City and County of San Francisco or the Redevelopment Agency of the City and County of San Francisco (the “Redevelopment Agency”);

   4.   The building or structure will be subleased by the City and County of San Francisco or Redevelopment Agency to either a private party, to the City and County of San Francisco or to the Redevelopment Agency; and

   5.   The building or structure meets the code compliance inspection and graduated compliance plan requirements set forth below.

(Amended by Ord. 65-19, File No. 190136, App. 4/12/2019, Eff. 5/13/2019)

326.2  Presubleasing Code Compliance Inspections.  Before the City and County of San Francisco or the Redevelopment Agency enters into any sublease of a building or structure, the public entity proposing to enter into the sublease shall request the Building Official and the San Francisco Fire Marshal (the “Fire Marshal”) to inspect, or cause to be inspected, the building or structure for compliance with applicable codes, in accordance with the provisions of this Section 326. The Building Official and the Fire Marshal shall issue a written report containing their findings on the compliance of the building or structure to the agency proposing to enter into the sublease. The Building Official and the Fire Marshal may, in their discretion, issue the compliance report jointly or separately.

326.2.1  Applicable codes.  The Building Official and the Fire Marshal shall evaluate the building or structure, including any alterations or changes in use if known, using the codes in effect at the time of original construction. If a determination of what codes were in effect at the time of original construction cannot be made, the Building Official and the Fire Marshal shall jointly determine which codes are appropriate for evaluation of the building or structure for the purposes herein.

326.2.2  Notice to proposed subtenants.  The Redevelopment Agency or the City and County of San Francisco agency proposing to enter into a sublease shall notify the proposed subtenant of the final compliance inspection reports for such building or structure by (a) attaching a copy of the final reports of the Building Official and Fire Marshal to the sublease; or (b) providing a copy of such reports to the subtenant and referencing such delivery in the sublease.

326.3  Graduated Code Compliance Plan and Timetable.

326.3.1  Buildings with no change in occupancy or use and no anticipated alterations.

326.3.1.1  Complying building or structure.  If, after performing the inspections required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure complies with the applicable codes and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, will issue a Certificate of Final Completion and Occupancy.

326.3.1.2  Remedial work required.  If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal determine that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, such work must be performed pursuant to building permits issued by the Department. All such remedial work shall either comply with current codes or be approved by the Building Official and the Fire Marshal as providing equivalent public safety. The Building Official, with the approval of the Fire Marshal, shall determine that the building or structure is safe for occupancy as evidenced by the issuance of a Temporary Certificate of Occupancy or a Certificate of Final Completion and Occupancy. Such issuance shall not be a precondition to the execution of leases or subleases.

326.3.1.3  Graduated compliance plan.  A graduated plan of compliance with the applicable codes may be approved upon the concurrence of the Building Official and the Fire Marshal, provided that:

   1.   The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may, in the discretion of the Building Official and the Fire Marshal, be issued jointly or separately;

   2.   The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or the Redevelopment Agency enters into a sublease;

   3.   All required remedial work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and

   4.   A Temporary Certificate of Occupancy is issued by the Building Official, with the approval of the Fire Marshal, setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.

326.3.2  Buildings with no change in occupancy or use but with planned alterations.

326.3.2.1  Complying building or structure.  If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, shall cause a Certificate of Final Completion and Occupancy to be issued.

326.3.2.2  Remedial work required.  If, after performing the inspection required by 326.2, the Building Official and the Fire Marshal determine that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, such work must be done in conjunction with any planned alterations. A Temporary Certificate of Occupancy or a Certificate of Final Completion and Occupancy shall be issued by the Building Official, with the approval of the Fire Marshal. Such issuance shall not be a precondition to the execution of leases or subleases.

326.3.2.3  Graduated compliance plan.  A graduated plan for compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Marshal, provided that:

   1.   The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may, in the discretion of the Building Official and the Fire Marshal, be issued jointly or separately;

   2.   The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or Redevelopment Agency enters into a sublease;

   3.   All new work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and

   4.   A Temporary Certificate of Occupancy setting forth the approved graduated compliance plan with a timetable for full compliance with the applicable codes is issued by the Building Official, with the approval of the Fire Marshal. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.

326.3.3  Building with a change in occupancy or use but no anticipated alterations.

326.3.3.1  Complying building or structure.  If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official, with the approval of the Fire Marshal, shall cause a Certificate of Final Completion and Occupancy to be issued.

326.3.3.2  Remedial work required.  If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal determine that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, such work must be performed pursuant to building permits issued by the Department. All remedial work shall either comply with current codes or be approved by the Building Official and the Fire Marshal as providing equivalent public safety. The building or structure may not be occupied until the Building Official, with the approval of the Fire Marshal, has caused the issuance of a Certificate of Final Completion and Occupancy.

326.3.3.3  Graduated compliance plan.  A graduated plan of compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Marshal, provided that:

   1.   The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may, in the discretion of the Building Official and the Fire Marshal, be issued jointly or separately;

   2.   The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or the Redevelopment Agency enters into a lease;

   3.   All required remedial work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and

   4.   A Temporary Certificate of Occupancy is issued by the Building Official, with the approval of the Fire Marshal, setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three- year period.

326.3.4  Buildings with a change in occupancy or use and with planned alterations.

326.3.4.1  Complying building or structure.  If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, the Building Official shall cause, with the approval of the Fire Marshal, the issuance of a Certificate of Final Completion and Occupancy upon completion and approval of the planned alteration work.

326.3.4.2  Remedial work required.  If, after performing the inspection required by Section 326.2, the Building Official and the Fire Marshal concur that remedial work is required so that the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, that work must be done in conjunction with any planned alterations. The building or structure must meet current code requirements for the new occupancy. All remedial work must either comply with current codes or be approved by the Building Official and the Fire Marshal as providing equivalent public safety. The building or structure may not be occupied until the Building Official, with the approval of the Fire Marshal, has caused a Certificate of Final Completion and Occu- pancy to be issued.

326.3.4.3  Graduated compliance plan.  A graduated plan of compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Marshal, provided that:

   1.   The Building Official and the Fire Marshal have issued a written determination that, in their respective opinions, the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may be issued jointly or separately, in the discretion of the Building Official and the Fire Marshal;

   2.   The time for full compliance with the applicable codes does not exceed a period of three years from the date that the City and County of San Francisco or the Redevelopment Agency enters into a sublease;

   3.   All new work either complies with current codes or is approved by the Building Official and the Fire Marshal as providing equivalent public safety; and

   4.   A Temporary Certificate of Occupancy is issued by the Building Official, with the approval of the Fire Marshal, setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Marshal. In no event may the time allowed for full code compliance extend beyond the three-year period.

326.4  Enforcement.

326.4.1  Notices of violation and orders to abate.  The Department and the Fire Department shall provide to the Redevelopment Agency or City and County of San Fran- cisco agency that has entered into a sublease a copy of any notice of violation or order to abate served upon a subtenant. The manner of service shall be as otherwise required by law.

326.4.2  Revocation of certificate of final completion and occupancy.  In the event that the Building Official or Fire Marshal issues an order to abate code violations and the order is not complied with during the time provided therein, the Building Official may, in writing, revoke the Certificate of Final Completion and Occupancy.

326.5  Fees.  The Department and the Fire Department may charge the Redevelopment Agency or other appropriate City and County of San Francisco agencies fees for actual time and materials expended in responding to requests for inspection and performing other tasks associated with the graduated compliance plan program. Fees for permits and other services shall be as set forth in the San Francisco Building Code and San Francisco Fire Code.