SECTION 404D – COMPLIANCE REQUIREMENTS

404D.1  General.  The owner of each building subject to this Chapter shall comply with the reporting requirements of this section. If the building is not exempt and does not meet the minimum criteria specified in this Chapter, the owner shall cause the building to be retrofitted to conform to such criteria according to the compliance deadlines set forth in Table 4D-A. Notice of the compliance requirements shall be given by the Department pursuant to Section 405D.4.

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

404D.2  Screening Form.  The owner of a building who has been notified that their building is within the scope of this Chapter as well as all other owners of buildings that may be subject to this Chapter shall engage an architect or engineer to submit to the Department within the time limits set forth in Table 4D-A a properly completed Screening Form.

   Exception:  Buildings exempt based on the exception in Section 402D, Exception 2 of this Chapter may complete and submit the required Screening Form without engaging an architect or engineer.

404D.2.1  Required information.  The Screening Form to be developed by the Department shall be used to determine whether a building is or is not subject to the requirements of this Chapter, and to assign a building to the appropriate Compliance Tier. The Screening Form shall be completed by an architect as defined in Section 5500 of the California Business and Professions Code or by a civil or structural engineer registered pursuant to the provisions of Section 6700 et seq. of the California Business and Professions Code.

   The submitted Screening Form shall include:

   1.   all information required by the Department to determine compliance requirements, and

   2.   whether the building is exempt based on Section 402D , Exception 1 of this Chapter, and

   3.   a Declaration, based on a review of building information, of:

      (a)   whether the building is exempt because it is outside the scope of this Chapter based on its date of original permit application or construction, number of dwelling units, or number of stories, or

      (b)   if not exempt, the appropriate Compliance Tier.

404D.2.2  Optional Evaluation Form.  The Optional Evaluation Form to be developed by the Department shall be used to determine if an existing building already meets the criteria of Section 406D.2 of this Chapter. The Optional Evaluation Form shall be completed by an architect as defined in Section 5500 of the California Business and Professions Code or by a civil or structural engineer registered pursuant to the provisions of Section 6700 et seq. of the California Business and Professions Code. The Optional Evaluation Form shall be accompanied by a completed Screening Form and shall include:

   1.   dates and scope of any seismic retrofit work, and

   2.   plans and other information as the Department may require that are sufficient to support the Declaration below, and

   3.   a Declaration of whether the building satisfies the evaluation criteria given in Section 406D.2 of this Chapter.

404D.3  Compliance Tiers.  Each building not exempt from this Chapter shall be assigned to one of the following Compliance Tiers:

   1.   Tier I: Buildings that contain a Group A, E, R-2.1, R-3.1 or R-4 occupancy on any story.

   2.   Tier II: Buildings containing 15 or more dwelling units except for buildings assigned to Tier I or Tier IV.

   3.   Tier III: Buildings not falling within the definition of another tier.

   4.   Tier IV: Buildings that contain a Group B or M occupancy on the first story or in a basement or under-floor area that has any portion extending above grade, and buildings that are in mapped liquefaction zones, except for buildings assigned to Tier I.

404D.4  Application for a building permit.  For each non-exempt and non-complying building, the owner or the owner’s authorized agent shall submit to the Department an application for a building permit accompanied by the necessary permit submittal documents indicating the proposed seismic retrofit. A permit for this seismic retrofit work may include minor ancillary work but shall be separate from any other permits for building alterations or repairs unless such work is triggered by or integral to the seismic retrofit work. No work other than is required under current codes shall be triggered by this seismic retrofit work.

404D4.1  Compliance deadlines.  Compliance deadlines for the submission of the Screening Form. Optional Evaluation Form, building permit application and for completion of seismic retrofit work are given in Table 4D-A. No transfer of title shall alter the time limits for compliance.

404D4.2  Certificate of Final Completion and Occupancy.  A Certificate of Final Completion and Occupancy indicating completion of the required seismic retrofit work shall be obtained upon completion of required seismic retrofit work.

404D4.3  Damaged Buildings.  Notwithstanding the provisions of the Table 4D-A Compliance Deadlines, if an as-yet unretrofitted building subject to this Chapter suffers damage from an earthquake or subsequent fire caused by the earthquake that renders the building uninhabitable, results in structural damage that triggers retrofit under regulations adopted by the Department of Building Inspection, or results in “disproportionate damage” as defined in this Code, such building shall comply with the requirements of this Chapter and other applicable Sections of this Code within one year of such damage. The Department may grant an extension of this time period for good cause. Compliance with the provisions of this Chapter does not supersede the requirement to comply with Section 404.3 of this Code when otherwise required by this Code.

404D.5  Historic Preservation.  If any portion of the seismic retrofit work will be visible from the exterior of the subject property and the San Francisco Planning Department determines that the building is a historic resource, or if the interior of the building has been given landmark status, the seismic retrofit work shall be conducted in accordance with guidelines developed by the San Francisco Planning Department, taking into account provisions of the California Historical Building Code.