SECTION 328 – ASBESTOS INFORMATION AND NOTICE

328  Add the following section:

SECTION 328 – ASBESTOS INFORMATION AND NOTICE

328.1  Definitions.  For the purpose of this chapter the following definitions shall apply:

   ASBESTOS means naturally occurring fibrous hydrated mineral silicates, chrysotile, crocidolite, amosite, fibrous tremolite, fibrous anthophyllite and fibrous actinolite.

   ASBESTOS-CONTAINING CONSTRUCTION MATERIAL means any manufactured construction material, including structural, mechanical and building material, which contains more than one percent asbestos by weight.

   ASBESTOS-RELATED WORK means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos.

   MISCELLANEOUS MATERIAL means interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation.

   NONRESIDENTIAL BUILDING means any building as defined in this code except:

      1.   A building which is used exclusively as a single-dwelling unit or multiple-dwelling units and is not occupied as a mixed residential-commercial use;

      2.   A building owned or operated by the state or federal government and exempt from the building permit requirements under San Francisco Building Code Section 106A.2;

      3.   A school building as defined in 15 U.S.C. 2642.

   SURFACING MATERIAL means material in a building that is sprayed-on, troweled-on or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members or other materials on surfaces for acoustical, fireproofing or other purposes.

   THERMAL SYSTEM INSULATION means material in a building applied to pipes, fittings, boilers, breeching, tanks, ducts or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes.

   TRANSFER OF TITLE means 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 in ownership described in subdivisions (c) and (h) of Section 61 and subdivision (c) of Section 64 of the California Revenue and Taxation Code, with the following exceptions:

      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 mortgage 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 to a person or persons in the linear line of consanguinity of one or more of the transferors;

      6.   Transfers between spouses resulting from a decree of dissolution of a marriage 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.

328.2  Asbestos Information Notice.

328.2.1  Nonresidential disclosure.  The seller of any nonresidential building, except a nonresidential building for which a building permit to erect the structure was filed with the Department on or after January 1, 1979, shall disclose to the buyer, prior to transfer of title, what efforts, if any, the seller has made to determine if the building contains asbestos-containing construction materials and provide relevant documentation of these efforts.

328.2.2  Knowledge of seller.  The seller of any non-residential building, except a nonresidential building for which a building permit to erect the structure was filed with the Department on or after January 1, 1979, who knows that the nonresidential building contains asbestos-containing construction materials, shall provide notice to the buyer prior to transfer of title of the following:

   1.   The existence of, conclusions from and a description or list of the contents of any survey conducted to determine the existence and location of asbestos- containing construction materials within the nonresidential building. The seller shall provide copies of any documentation of the final survey results, including any documentation of the inspector’s, laboratory’s or consultant’s asbestos inspection qualifications and state certification.

   2.   Locations within the nonresidential building identified by the survey or known to the seller where asbestos-containing construction materials in the form of surfacing material, thermal system insulation or miscellaneous material are present.

   3.   Any final operation and management plans prepared for the seller by consultants, agents or employees of the seller identifying procedures or handling restrictions to minimize or prevent disturbance, release or exposure to the asbestos-containing construction material.

   4.   Results of any bulk sample analysis or air monitoring conducted for or by the seller or within the seller’s control, including reference to sampling and laboratory procedures utilized, and copies of the laboratory reports, monitoring data and sampling procedures.

   5.   Information in a final survey or other document prepared for the seller by consultants, agents or employees of the seller that (a) assesses the condition of asbestos-containing construction material in the form of surfacing material, thermal system insulation or miscellaneous material; or (b) evaluates the potential for exposure to building occupants.

328.3  Asbestos-Related Work Sign Posting and Affidavits.  In addition to any other requirements for notice set forth in this code, any person filing an application for a building permit to perform work in an apartment house or a residential hotel [as defined in Section 41.4 of the San Francisco Administrative Code], which work includes asbestos-related work as defined in this code, shall comply with the following requirements:

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

328.3.1  Sign posting.  Prior to commencement and for the duration of any asbestos-related work, post a sign readable at 20 feet (6.096 m) at each noncontiguous location where any asbestos-related work is performed in the apartment house or residential hotel, or in any appurtenant buildings thereto and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities, stating “Danger - Asbestos. Cancer and Lung Hazard. Keep Out.” Notwithstanding this requirement, if an owner or contractor of the owner subject to the requirements of California Labor Code Sections 6501.5 et seq., and regulations promulgated pursuant there-to, is in compliance with the requirements for posting locations of asbestos-related work, such owner or contractor shall be deemed to have complied with this requirement.

328.3.2  Time of posting.  Unless the requirement for plans and specifications is waived by the Director of the Department pursuant to San Francisco Building Code Section 106A .3.2, provide a notice at least 72 hours prior to commencement of any asbestos-related work to the residential tenants in the building. The notice shall advise the residential tenants of the nature of the asbestos-related work to be performed, the date and time the work is scheduled to commence, the specific location or locations in the building where the work will occur, the name and address of the person or firm performing the work and the name and telephone number of a person to contact on site if the residential tenant has questions or concerns. The notice shall be provided in one of the following ways:

   1.   At least 72 hours prior to commencement and for the duration of any asbestos-related work, post a notice containing the required information in a conspicuous common area of the apartment house or residential hotel measuring 15 inches by 15 inches (381 mm x 381 mm); or

   2.   Mail, by first-class registered mail, a notice containing the required information to each person who rents or leases residential space in the apartment house or residential hotel, postmarked at least five days plus 72 hours prior to commencement of any asbestos-related work; or

   3.   Personally deliver a notice containing the required information to each person who rents or leases residential space in the apartment house or residential hotel, at least 72 hours prior to commencement of the asbestos-related work.

328.3.2.1  Affidavits.  The applicant shall thereafter submit an affidavit signed under penalty of perjury stating that the notice has been posted in the building or mailed or personally delivered to each person who rents or leases residential space in the building. See San Francisco Building Code Chapter 1A -L Fee Table for Affidavit Record Maintenance, for fee to defray the cost of maintaining records of said affidavits. If there is reason to believe that the notice was not posted, mailed or personally delivered as required, the Director shall investigate the matter, shall provide the applicant an opportunity to respond to any complaint of noncompliance, shall determine whether the requirements of this section have been substantially met and shall revoke the permit if it is determined they have not been substantially met.

328.3.3  Apartment house and residential hotel exclusions.  Notwithstanding the definitions of apartment house or residential hotel [as defined in Section 41.4 of the San Francisco Administrative Code], those terms shall not include:

   1.   Any “school building” as defined in 15 U.S.C. Section 2642 as that section read on January 1, 1989;

   2.   Any “building” as defined in California Health and Safety Code Section 25920, as that section read on September 27, 1989; or

   3.   The residential area of any multi-use building where the asbestos-related work is to occur solely in a commercial area, the commercial and residential areas of the building do not share supply air or return air handling systems, and the commercial area does not contain facilities supplied in connection with the use or occupancy of the residential area.

NOTE: Contact Bay Area Air Quality Management District for pre-permit requirements for demolition and alteration work and other requirements for asbestos related work.

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