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(a) This Section 4.1-4 shall apply to all buildings on land owned by the City and County of San Francisco (“City”) and all buildings that are leased to the City, and available for use by the public (collectively, “public buildings”), whether such buildings are new or existing. For existing public buildings, the City department or agency with jurisdiction over the building shall have 12 months from the effective date of this Section 4.1-4 to comply with the requirements; provided nothing in this Section 4.1-4 shall be interpreted or applied so as to violate or impair an existing contract or lease.
(b) Each City department or agency with jurisdiction over a public building shall install and maintain, at each floor level in the public building that includes restrooms available for use by the public, at least one Baby Diaper-Changing Accommodation that is available for use by women and one that is available for use by men, or a single Diaper-Changing Accommodation that is available for use by all genders. For purposes of this Section 4.1-4, a Baby Diaper-Changing Accommodation means a safe, sanitary, and convenient baby diaper-changing station, or similar amenity. Such accommodations may include, but are not limited to, work surfaces, stations, decks, and tables in women’s and men’s restrooms or all-gender restrooms. Each public building shall provide signage at or near its entrance indicating the location of the Baby Diaper-Changing Accommodations.
(c) The installation of all Baby Diaper- Changing Accommodations shall comply with City, State, and Federal laws relating to access to persons with disabilities.
(d) Waivers.
(1) For public buildings that are leased to and occupied by the City, the requirements of this Section 4.1-4 may be waived if the Director of the Department of Building Inspection or his or her designee, in consultation with the Mayor’s Office on Disability, determines that the building cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City, State, or Federal laws relating to access to persons with disabilities, including Section 11B-226.4 of the California Building Code, or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations.
(2) For public buildings that are under the jurisdiction and control of a City department, the requirements of this Section 4.1-4 may be waived if the department head, in consultation with the Director of the Department of Building Inspection and the Mayor’s Office on Disability, determines that the public building cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City, State, or Federal laws relating to access to persons with disabilities, including Section 11B-226.4 of the California Building Code, or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations.
(3) For all other public buildings, the requirements of this Section 4.1-4 may be waived if the Director of Administrative Services, in consultation with the Director of the Department of Building Inspection and the Mayor’s Office on Disability, determines that the public building cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City, State, or Federal laws relating to access to persons with disabilities, including Section 11B-226.4 of the California Building Code, or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations.
(Added by Ord. 53-17, File No. 161353, App. 3/17/2017, Eff. 4/16/2017)
(a) Definitions. As used in this Chapter, the following words shall have the following respective meanings:
"Vending stand" shall mean a non-mechanical stand dispensing products or services, including food, beverages, tobacco products, newspapers and periodicals.
"Vending machine" shall mean an automated machine dispensing products or services, including food, beverages, tobacco products, newspapers and periodicals.
(b) The head of any department in charge of improved property controlled by the City, including a building or space therein, but excepting space inside and outside of offices in City Hall, may, when such arrangements seem to him or her desirable from the standpoint of both the department's operations and the welfare of the employees, and with the approval of the Director of Administrative Services, board or commission concerned, arrange through the Purchaser for the installation of vending stands or vending machines.
(Ord. No. 6562 (1939), Sec. 1; amended by Ord. 278-96, App. 7/3/96; Ord. 191-99, File No. 990878, App. 7/1/99)
The Director of Property shall have the exclusive right, with the approval of the Director of Administrative Services, to arrange for the installation of vending stands or vending machines in City Hall, both inside and outside of offices. Such arrangements shall be made through the Purchaser.
(Ord. 6562 (1939), Sec. 2; amended by Ord. 278-96, App. 7/3/96; Ord. 191-99, File No. 990878, App. 7/1/99)
Notwithstanding any provision to the contrary in Sections 4.2 through 4.9, the Public Utilities Commission, the Recreation and Park Commission, the Airport Commission, the Port of San Francisco, the Health Commission and the Board of Trustees of the War Memorial shall have the exclusive right to arrange for the installation of vending stands and vending machines on property under their respective jurisdictions.
(Ord. No. 6562 (1939), Sec. 3; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
Except as provided in Section 4.9 of this Code, all funds received from the operation of vending stands and vending machines shall be deposited in the City treasury, to the credit of the funds of the department with jurisdiction over the property on which the stands or machines are located.
(Ord. No. 6562 (1939), Sec. 4; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
All federal and State laws and regulations and all local ordinances and regulations, applicable to the installation and maintenance of vending stands and vending machines as provided by the four preceding sections, and the products offered for sale therein, shall be complied with by the person furnishing such installation. All such stands and machines, and the products offered therein, shall be installed and maintained in a sanitary condition.
(Ord. No. 6562 (1939), Sec. 5; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
In every case of installation and maintenance of vending stands and vending machines by a contractor, the City shall be protected by satisfactory insurance against any claim for damages in connection therewith and the articles offered for sale therein.
Such insurance shall be in such form and amount satisfactory to the contracting officer, in consultation with the City's Office of Risk Management.
(Ord. No. 6562 (1939), Sec. 6; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
No agreement covering a vending stand or vending machine installation shall bind the City beyond the end of the fiscal year in which the agreement is executed. Any such agreement shall be revocable by the City for cause, without notice, and without cause on 30 days' notice.
(Ord. No. 6562 (1939), Sec. 7; amended by Ord. 191-99, File No. 990878, App. 7/1/99)
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