Purpose. | |
Definitions. | |
Appeals to the Commission. | |
Hearing by Technical Boards and Advisory Committees. | |
Appeal Procedures. | |
Appeals Barred. | |
Information Required to Be Furnished by the Department. | |
Required Notices. | |
Commission Rules and Regulations. | |
Fees. | |
Severability. | |
The purposes of this Chapter are to implement the provisions of Section D3.750-4 of the San Francisco Charter, to establish procedures for the processing of appeals to the Building Inspection Commission, and to provide that appeals heard by the former Abatement Appeals Board shall be heard by the Building Inspection Commission.
(Added by Ord. 160-99, File No. 990798, App. 6/11/99)
For purposes of this Chapter, the following definitions shall apply:
(a) Appellant(s) shall mean any person or persons, or their authorized agents, who have filed an appeal or request for jurisdiction with the Commission.
(b) Applicant shall mean any person, or his or her authorized agent, requesting a written decision or determination from a Department.
(c) Commission shall mean the Building Inspection Commission.
(d) Department shall mean any one of the City departments whose decisions or determinations are appealable to the Commission pursuant to San Francisco Charter Section D3.750-4 and this Chapter, unless the context indicates otherwise.
(e) Departments shall mean all of the City departments whose decisions or determinations are appealable to the Commission pursuant to San Francisco Charter Section D3.750-4 and this Chapter.
(f) Decision or determination shall mean any action listed in Section 77.3 which is made by the person or persons authorized by the Director of the Department of Building Inspection, the Director of the Department of Public Works, or the Director of the San Francisco Water Department to make such decisions or determinations.
(g) Mail shall mean to place in the United States Mail, postage pre-paid.
(h) Person shall include an individual, firm, corporation, or association.
(i) Shall is mandatory.
(Added by Ord. 160-99, File No. 990798, App. 6/11/99)
The Commission may hear and decide appeals of the following matters:
(a) Decisions or determinations regarding applications for permits under the San Francisco Building, Electrical, Housing, Mechanical, and Plumbing Codes, excluding decisions appealable to the Access Appeals Commission or Board of Appeals.
(b) Decisions or determinations made by the Department of Building Inspection in the enforcement of the Codes enumerated in subsection (a) above and the other laws that it enforces.
(c) Decisions or determinations on sidewalk and encroachment permits and all other decisions or determinations made by the Department of Public Works necessary for the completion or occupancy of buildings or structures under the Codes enumerated in subsection (a) above, excluding those decisions appealable to the Board of Appeals or which have been appealed to the Board of Supervisors pursuant to the Public Works Code.
(d) Decisions or determinations made by the San Francisco Water Department necessary for the completion or occupancy of buildings or structures under the Codes enumerated in subsection (a) above, excluding those decisions appealable to the Board of Appeals.
(e) A Department's failure to render a written decision or determination within fifteen (15) days of a request to do so.
(f) Abatement actions pursuant to Section 105.2 of the San Francisco Building Code.
(Added by Ord. 160-99, File No. 990798, App. 6/11/99)
During the Commission's hearing of an appeal, the Commission may determine that the appeal involves technical matters which should be and have not already been heard and decided by the appropriate technical board within the Department of Building Inspection. In such a case, the Commission may in its discretion decline to decide the appeal and refer the matter to the appropriate technical board for a final decision. In the alternative, the Commission may continue the appeal for a period not exceeding two months in order to obtain the advice and recommendation of those technical boards, advisory committees, or persons that the Commission deems appropriate.
(Added by Ord. 160-99, File No. 990798, App. 6/11/99)
Loading...