SECTION 106A – PERMITS

106A.1 Permits required. Except as specified in Section 106A.2, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official.

   When considering an application for a permit for development of “dwellings” as defined in Chapter 87 of the San Francisco Administrative Code, the Department of Building Inspection shall comply with that chapter which requires, among other things, that the Department of Building Inspection not base any decision regarding the development of “dwellings” in which “protected class” members are likely to reside on information which may be discriminatory to any member of a “protected class” (as all such terms are defined in Chapter 87 of the San Francisco Administrative Code).

106A.1.1 Separate permits required. Where buildings or structures are constructed on top of a base structure, and such structures are likely to have their own addresses or functional identities, separate permits shall be required for the base structure and for each of the top buildings or structures.

106A.1.2 Permit and fees for grading, excavation, or filling of land. The valuation for the permit shall be based on the volume of material to be handled, and on a cost schedule posted in the Department. The permit issuance and plan review fees shall be the same as those for new construction. See Section 110A, Table 1A-A – Building Permit Fees, and Table 1A-B – Other Building Permit and Plan Review Fees. See Chapter 33 and Appendix J for general grading provisions.

106A.1.3 Permits and fees for subsidewalk space. A building permit shall be obtained for construction of subsidewalk space. The fee for said permit shall be the fee set for building permits. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fees.

   Permits for the use of subsidewalk space, except for subsurface space used to connect a building, structure or property with the San Francisco Bay Area Rapid Transit district facilities, shall be granted after approval by the Building Official and the City Engineer. Permission for the use of subsurface space to connect with the San Francisco Bay Area Rapid Transit District facilities, shall be granted only as set forth in Section 106A.1.3.1. The City may reserve any part of the subsidewalk space for its own use or the use of the public. The Board of Supervisors reserves the right to suspend or annul the privilege of maintaining such subsidewalk space or to exact a license or rental for the use thereof. The granting of a permit to use the subsidewalk space shall carry with it the right to excavate the space and to build the necessary retaining walls. If the street in front of the building is paved, a deposit will be required of the subsidewalk space. See Section 110A, Table 1A-F – Specialty Permit Fees – for required deposit. The deposit will be refunded to the permittee upon the endorsement of the permit issued therefor and a certificate from the Department of Public Works, Bureau of Engineering, certifying to the satisfactory condition of such roadway at the end of two years after the time the pavement was restored. Should the permittee fail to restore any pavement, the Director of the Department of Public Works may, after 10 days’ notice in writing posted on the building, restore the pavement and deduct the cost of such restoration from the deposit. In lieu of the deposit required herein, a bond in the amount of the deposit may be accepted in the manner set forth in Article 8 of the San Francisco Public Works Code.

   No permit shall hereafter be issued by any officer, board or commission of San Francisco to make use of the subsidewalk space within the street lines of Market Street between Steuart Street and Castro Street, except a permit may be granted for the use as subsidewalk space for the following:

   1.   The space lying contiguous to the property line and extending along a line parallel thereto and up to 22 feet distant therefrom wherever such space is located in Market Street between Steuart Street and Van Ness Avenue.

   2.   The space lying contiguous to the property line and extending along a line parallel thereto and up to 10 feet distant therefrom wherever such space is located in Market Street between Van Ness Avenue and Castro Street.

   Due consideration shall be given to the needs and requirements for the use of subsidewalk space by public utilities.

   The remainder of the subsidewalk space is hereby expressly reserved for public use.

106A.1.3.1 Subsurface connection to San Francisco Bay Area Rapid Transit District facilities. Permission to use subsurface space to connect any building or structure or premises with the San Francisco Bay Area Rapid Transit District facilities shall be first obtained from the Board of Supervisors of San Francisco by resolution, prior to filing a permit to construct the connection. The Board of Supervisors reserves the right to suspend or annul the permission to use any subsurface space to connect any building, structure or premises with the San Francisco Bay Area Rapid Transit District facilities or to exact a license or rental for the use thereof. Upon the Board of Supervisors passing a resolution approving the connection, an application for a building permit to construct the connection shall be filed with the Department. The application, together with plans and specifications, shall be referred for approval to the Planning Department, the Department of Public Works, Bureau of Engineering, and any other department having jurisdiction. If approved, the approvals shall be endorsed in writing on the application by the respective departments and bureaus. The Department shall issue a building permit when the application has been approved by the Building Official, and upon payment of all required permit fees. In addition to the building permit and plan checking fees, the deposit required in Section 106A.1.3 shall also be paid to the Department and refunded as set forth in Section 106A.1.3, provided that all work under the building permit has been satisfactorily completed.

106A.1.4 Permits and fees for moving buildings.

106A.1.4.1 General. The applicant for a permit for moving a building shall pay a permit fee for documentation and inspection of the moving work. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fee. A permit and plan review fee for work required at the building’s new site shall be per Section 110A, Table 1A-A – Building Permit Fees, and Table 1A-B – Building Permit Application and Plan Review Fees.

106A.1.4.2 Permit application for new site. Before a permit may be issued for moving a building, a building permit must be obtained for the necessary alterations and additions to the building on the new site. The application for the alterations at the new site is to be accompanied by complete plans showing floor plans, elevations, plot plan, and such other information as contained in Section 106A.3.3 as may be required by the Building Official.

106A.1.5 Permit and fees for demolition of buildings. A permit shall be required for demolishing any structure. See Section 110A, Table 1A-F – Specialty Permit Fees – and Section 110, Table 1A-L – Public Information – for applicable fees. See Section 3303 for general requirements.

106A.1.6 Permits and fees for chimneys, flues. A flue permit shall be required to erect, construct, alter or repair any chimney or flue except when it is a Type 1 grease hood or is constructed of masonry. A separate flue permit shall be required for each flue or chimney. Grease and masonry flues and chimneys shall require building permits per Section 106A. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fees.

106A.1.6.1 Permits for boiler flues. A boiler flue permit shall be required to:

   1.   Install, alter, or replace any boiler flue or section thereof;

   2.   Install any approved type heat reclaimer or other approved type device within a boiler gas flue.

106A.1.7 Permits and fees for temporary buildings or structures. A permit is required for the construction and erection of temporary reviewing stands, bleachers, grandstands and other miscellaneous structures. The Building Official may require that any temporary building or structure be inspected by a registered civil engineer and found to be in compliance with all provisions of this code before it is permitted to be used by the public. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fee.

106A.1.8 Garage door permits and fees. A garage door permit shall be required for the installation of such doors in existing buildings. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fee.

   The provisions of this section shall not apply where structural alterations are made, or are required in connection with the installation of garage doors. This section also shall not apply to the alteration, repair, or replacement of garage doors in public garages. In all these cases, the permit and fee requirements of Sections 106A, 107A and 110A shall apply.

106A.1.9 Permits and fees for signs.

106A.1.9.1 General. A sign regulated under Chapter 31 shall not be erected or altered until a sign permit has been obtained for such work. Application for a permit shall be made at the Department on supplied forms. Where signs are illuminated by electric lighting, a separate permit shall be obtained as required in the Electrical Code. Replacement of copy on the face of a sign, without affecting the structural members or the attachment to a building, structure, or the ground, shall not require a sign permit.

106A.1.9.2 Permit fees. Permit fees for signs shall be based upon job valuation. See Section 110A, Table 1A-A – Building Permit Fees – for applicable fees.

106A.1.9.3 Plan review fees for signs. See Section 110A, Table 1A-A – Building Permit Fees – for applicable fee.

106A.1.10 Permit and fees for residential elevators and lifts.

106A.1.10.1 General. An elevator or lift regulated under Chapter 30 shall not be installed or altered until a building permit has been obtained for such work.

106A.1.10.2 Fees. The permit fees and plan review fees shall be those required in Section 110A, Tables 1A-A and 1A-B. The valuation shall be based on the total installation, including those portions, if any, which are regulated by the State.

106A.1.10.3 Exemption. Elevators regulated by the State of California are exempt from permits and the provisions of this code. However, the elevator shafts and enclosures, and any structural alterations or strengthening work to accommodate the installation, shall comply with the permit and other requirements of this code.

106A.1.11 Permit and fees for boilers. A separate building permit shall be required for a new boiler installation or replacement except where a building permit has been issued which included such work, the fee for which shall be the minimum fee per Section 110A, Table 1A-A – Building Permit Fees. In addition, a permit to operate the boiler is required and shall be charged a fee based on the schedule in Section 110A, Table 1A-M – Boiler Fees. The fee for renewal of a permit to operate shall be based on the same schedule. Such fee shall be paid whether or not a permit to operate is issued. All fees shall be paid at the time of application for permits. Any additional fees billed will be increased to twice the billed amount when payment is not received by the Department within 30 days of billing. Failure to pay required fees will result in cancellation of the issued permit to operate. See Chapter 10 of the Mechanical Code for boiler requirements.

106A.1.12 Permit and fees for change in occupancy or use. Whenever a change in occupancy or use, as defined in Section 302 of this Code, is made, a building permit shall be required to legalize the changed occupancy or use. The fee shall be the minimum fee required for filing for a permit and must be secured prior to the change of occupancy.

   Building permit applications for a change of use shall not require plans prepared by a registered design professional, provided all of the following apply:

   (a)   the previously established use designation is in A (Assembly), B (Business), and M (Mercantile) occupancy classifications and remains within that classification;

   (b)   the occupant load remains the same or decreases;

   (c)   there are no alterations, as defined by section 202 of this Code;

   (d)   the tenant space does not require changes to the mechanical, electrical, or plumbing systems; and

   (e)   the tenant will not be introducing new kitchen, service bar design or related equipment in the space.

   In the event any alteration work is required, the alteration permit with plans shall be considered sufficient for this requirement and no additional permit will be required or additional fee required for the change in use or occupancy except as set forth in Section 109A.8.

(Amended by Ord. 241-24, File No. 240798, App. 10/18/2024, Eff. 11/18/2024)

106A.1.13 Permits and fees for construction of an impervious surface in a front yard setback; penalties for violation of requirements.

   (a)   General. It shall be unlawful for any person, firm, or corporation to commence or proceed with the construction of an impervious surface in a front yard setback area, other than a driveway as defined in Planning Code Section 136(c)(30), unless a permit is first obtained. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fee.

   (b)   Referral to Planning Department. The Department shall refer all applications for a permit pursuant to this Section 106A.1.13 to the Planning Department for a determination regarding the proposed construction’s compliance with Sections 132(g) and 136(c)(30) of the Planning Code. The Department may not issue the permit unless Planning determines the proposed construction to be compliant with the Planning Code requirements.

   (c)   Verification of compliance during inspections. In performing the inspections required under Section 108A.1 of this Code, the inspector shall also verify that an impervious surface has not been constructed in the front yard setback area in violation of this Section 106A.1.13. If the inspector finds that there is a violation of Section 106A.1.13, the violation shall be required to be corrected under that existing permit.

   (d)   Penalties for violation.

      1.   Notice of Municipal Code Violation (“NOV”). The Department shall issue an NOV pursuant to Section 102A.4 of this Code to the owner of the property determined to be in violation of the provisions of subsection (a) above. The NOV shall require the owner or the owner’s authorized representative to apply for and obtain a permit to bring the existing surface in the front yard setback area into compliance with current Municipal Code requirements, including but not limited to the Building and Planning Codes.

      2.   Investigation Fees. Violations of this Section 106A.1.13 shall be subject to the fees set forth in Table 1A-K of this Code for either work without permit or work exceeding the scope of the approved permit.

      3.   Civil and criminal penalties. Any person, including the owner or the owner’s authorized representative, who violates, disobeys, omits, neglects, or refuses to comply with, or resists or opposes the execution of the provisions of this Section 106A.1.13 shall be subject to the civil penalty of up to $500 per day and the criminal penalties that are set forth in Section 103A of this Code.

      4.   Costs of Abatement. In addition to any monetary penalties authorized by Section 103A of this Code, the Department shall be entitled to recover its costs of abatement pursuant to Section 102A.7(d).

106A.1.14. Damaged apartment houses where residential occupants have been displaced, preliminary information and Action Plan required. Whenever an Apartment House, as defined in the Housing Code, has been damaged by fire or other emergency that results in the displacement of residential occupants, the property owner shall submit to the Department’s Building Inspection Division, with a copy to the Housing Inspection Division, the following information and an Action Plan within the timeframe specified. The Department shall include a statement in all applicable Notices of Violation issued pursuant to this Section that allowing the residential occupants to retrieve their personal property in a safe manner through a visit supervised by the property owner’s engineer, general contractor, or other industry professional for a short duration is not in conflict with the issued Notice of Violation.

106A.1.14.1. Information submittal. Within 72 hours of the posting of a Notice of Violation on the subject site, the property owner shall provide the following information in writing:

   (a)   a description of the steps taken and the methods used to stabilize and secure the subject building and premises, including but not limited to the following, as appropriate: (1) fencing the building perimeter, (2) securely barricading all windows, openings, and other points of entry to the building from the outside, (3) assessing the property at least weekly to ensure that no unauthorized entry is occurring and that any fencing and barricades are secure and remain in place, and (4) providing 24-hour security;

   (b)   if the City has determined that the subject building, or portions thereof, is unsafe for occupancy, a description of the steps taken and the methods used to either secure the personal property of the residential occupants or allow them to retrieve their personal property, including but not limited to the following: (1) fencing the building perimeter, barricading all points of entry, or taking the other steps listed in Section 106A.1.14.1(a) above, and (2) obtaining the recommendations of a structural engineer or other appropriate consultant for allowing the residential occupants access to the building or undamaged portions thereof, for the purpose of obtaining their personal belongings; and

   (c)   the name and contact information of the owner or an agent of the owner who is able to respond to questions and concerns from the residential occupants and others.

106A.1.14.2. Action Plan submittal. Within 30 days from release of the scene by the Fire Department and other emergency responders, the property owner shall submit an Action Plan in the form required by the Department that contains the following elements:

   (a)   a description of the steps taken and the methods used to stabilize and secure the subject building and premises, including supporting documentation by a structural engineer or other industry professional as specified in the Notice of Violation, including but not limited to the following, as appropriate: (1) fencing the building perimeter, (2) securely barricading all windows, openings, and other points of entry to the building from the outside, (3) assessing the property at least weekly to ensure that no unauthorized entry is occurring and that any fencing and barricades are secure and remain in place, and (4) providing 24-hour security;

   (b)   a summary of the extent of fire or water damage to the building, describing with specificity the damage to individual dwelling units that were occupied prior to the damage by fire or other emergency;

   (c)   a description of the repairs necessary to bring the building into compliance with any Notices of Violation issued by the Department of Building Inspection, Fire Department, or Health Department;

   (d)   a general schedule and description of the permits that will be filed to comply with (c) above;

   (e)   the contact information of the individuals who will perform the work under (c) above, which information shall be updated as necessary and kept current;

   (f)   an estimated date (month and year) when the displaced residential occupants can reoccupy the building. The estimated date shall be within a time reasonably necessary to accomplish the required repairs;

   (g)   proof that the owner has complied with the notice requirements of Section 106A.1.14.3; and

   (h)   information about prior complaints, notices of violation, and the status of their abatement or compliance with code requirements.

106A.1.14.3. Updating information. Within 90 days from the submission of the Action Plan to the Department required by Section 106A .1.14.2, and every 90 days thereafter, the property owner shall provide to the Department any new or corrected information concerning items (a) through (h) in Section 106A .1.14.2 above, including but not limited to any change to the estimated date by which the displaced residential occupants can reoccupy the building.

106A.1.14.4. Notice of filing of Action Plan. Within 72 hours of the filing of the required Action Plan with the Department, the property owner shall (a) post a notice of the filing in a prominent location at the building site and (b) mail or personally deliver a notice of the filing to each displaced residential occupant at their last known location.

106A.1.14.5. Re-inspection of the premises. Following a fire that has resulted in the displacement of residential occupants, the Department shall re-inspect the premises at least every 90 days until the property owner has responded to and abated all pending Notices of Violation. If the property owner does not give the Department access to the premises necessary to conduct such re-inspection(s), the Department shall request assistance from the City Attorney to gain access to the premises or take such other action as the City Attorney deems appropriate.

106A.1.15 Solar energy systems.

106A.1.15.1 Definitions. For purposes of this Section 106A .1.15, the following definitions apply:

   “Solar energy system,” as defined in California Government Code Section 65850.5(j) and Civil Code Section 801.5(a), means either of the following:

   1.   Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

   2.   Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

   “Small residential rooftop solar energy system,” as defined in California Government Code Section 65850.5(j), means a solar energy system that:

   1.   is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;

   2.   is installed on a single or duplex family dwelling;

   3.   has a solar panel or module array that does not exceed the maximum legal building height in applicable City codes;

   4.   conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and County of San Francisco; and

   5.   conforms to all state and City health and safety standards.

106A.1.15.2 Permit and fees. An electrical permit is required to install or alter a solar energy system. See Section 110A, Table 1A-E – Electrical Permit Fee Issuance and Inspection Fee Schedule for applicable fee. The fee for a building, plumbing, mechanical, or other permit, if required, shall be the fee established in the Section 110A fee tables for that permit.

   EXCEPTION: An electrical permit is not required to make minor alterations to an existing solar energy system unless the alterations materially change the size, type, or components of the system in such a way as to require new permitting.

106A.1.15.3 General requirements.

   1.   A solar energy system and its installation shall comply with Article 690 and other applicable sections of the Electrical Code, and any applicable sections of the Mechanical Code, Plumbing Code, Building Code, or other codes enforced by the Department of Building Inspection.

   2.   A solar energy system for producing electricity shall meet all applicable safety and performance standards for such systems established by the Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

   3.   A solar energy system used for heating water in single-family residences or for heating water in swimming pools shall be certified by an accredited listing agency as defined by the Plumbing and Mechanical Codes.

   4.   A solar energy system proposed for installation on a building that is (a) a designated landmark, (b) a contributory resource in a designated historic district, or (c) on the National Register or State Register, or deemed eligible for listing on the National or State Register, requires a building permit and shall be reviewed by the Planning Department to ensure compliance with Article 10 of the Planning Code and, if required, referral to the Historic Preservation Commission pursuant to the provisions of Section 1005 of the Planning Code.

   5.   Installation of a solar hot water system requires a plumbing permit.

106A.1.15.4 Permit application submittal documentation; expedited review. Except as set forth in Section 106A.1.15.3(4) above, upon submittal of the application and the documentation listed in paragraphs 1 through 4 below, an application for a permit to install a solar energy system is deemed complete and eligible for expedited review in accordance with the Department’s Priority Permit Processing Guidelines. (See Administrative Bulletin 004.)

   1.   a standard plan contained in the most current version of the California Solar Permitting Guidebook and adopted by the Governor’s Office of Planning and Research or other plan acceptable to the Building Official;

   2.   the information required by the checklists contained in the most current version of the California Solar Permitting Guidebook and adopted by the Governor’s Office of Planning and Research;

   3.   verification, using standard engineering techniques, that the support structure for the solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

   4.   verification, using standard electrical inspection techniques, that the existing electrical system including existing line, load, ground and bonding wiring, as well as main panel and subpanel sizes, are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

   The application, and the documentation required by this Section 106A.1.15.4, may be submitted electronically.

106A.1.15.5 Permit review and issuance. A permit for a solar energy system that is 4 kilowatts or less is issued over the counter if the application meets all requirements and a public health or safety issue has not been identified. A larger system requires review by the Electrical Division, and a review by other Divisions may be required depending on the system. An application for installation of a solar energy system on a building that is (a) a designated landmark, (b) a contributory resource in a designated historic district, or (c) on the National Register or State Register, or deemed eligible for listing on the National or State Register, requires review by the Planning Department to ensure compliance with Article 10 of the Planning Code and, if required, referral to the Historic Preservation Commission pursuant to the requirements of Section 1005 of the Planning Code.

106A.1.15.6 Inspections. Only one inspection is required for a small residential rooftop energy system that is eligible for expedited review under Section 106A.1.15.4. An inspection will be scheduled within three business days of a request and provide a two-hour inspection window. If the system fails inspection, a subsequent inspection is required.

106A.1.15.7 Separate approval required to connect a Solar Energy System to the electricity grid. Approval of a permit for installation of a solar energy system does not authorize the applicant to connect the system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

106A.1.15.8 Denial of permit; permit conditions. Pursuant to Government Code Section 65850.5(c), if the Department or other agency of the City denies an application for a solar energy system use permit, it shall make written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety or a historic resource and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Any conditions imposed on the permit shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

106A.1.16 Electric Vehicle (EV) Supply Equipment; permit and fee. An electrical permit obtained by a California state licensed Electrical Contractor is required to install Electric Vehicle Supply Equipment (EVSE) defined in Section 202 of this Code, and the alteration or modification of any portion of the electrical system on the property. See Section 110A, Table 1A-E – Electrical Permit Fee Issuance and Inspection Fee Schedule for the applicable fees.

   EXCEPTION: A permit is not required to install a Residential Electrical Vehicle Charger when a plug in type charger is utilizing a previously approved receptacle outlet.

106A.1.16.1 General requirements.

   1.   The EV Charging Station and its installation shall comply with Article 625 and other applicable sections of the Electrical Code, and all applicable sections of the Mechanical Code, Building Code, and Fire Code. The installation shall also meet any safety and performance standards established by the Society of Automotive Engineers, the National Electrical Manufacturers Association, accredited testing laboratories such as Underwriters Laboratories, and the California Public Utilities Commission that the Building Official determines shall apply.

   2.   New construction and certain major alterations, as those terms are defined in Section 202 of the Green Building Code, are subject to the requirements of Sections 4.103.3.3 and 5.103.3 and other applicable sections of the Green Building Code, per Ordinance No. 92-17, enacted in April 2017.

   3.   All electrical materials, devices, fittings, and associated equipment shall be listed by a nationally recognized testing laboratory.

   4.   Level 2 EVSE shall be connected and fastened in place per the manufacturer’s instructions and Section 625.44 of the Electrical Code. The anchorage of either floor-mounted or wall-mounted stations shall comply with the Building Code and Electrical Code.

   5.   For indoor locations, the coupling means of the EVSE shall be stored at a height of not less than 18 inches and not more than 48 inches above the finished floor level.

   6.   For outdoor locations, the coupling means of the EVSE shall be stored or located at a height of not less than 24 inches above grade level.

106A.1.16.2 Application submittal requirements.

   1.   Consistent with existing procedures, the Department shall continue to allow a California state licensed Electrical Contractor registered with the Department to obtain an electrical permit for installation of electrical materials, devices, fittings, and associated equipment. Where the scope of a project, including installation of an EV Charger, solely requires an electrical permit, such a permit shall continue to be available electronically and over the counter to licensed Electrical Contractors registered with the Department. The Department shall publish guidance clarifying conditions where an electrical permit is sufficient.

   2.   For projects which require additional review or permits, the Department shall publish guidance clarifying when any or all of the following are required in order for an EV Charging Station permit to be complete. The application, and the information and documentation required by this Section 106A.1.16.2, may be submitted electronically.

      (a)   an electrical plan and calculations signed and stamped by either a California registered Electrical Engineer or the licensed Electrical Contractor who is responsible for design and installation of the system;

      (b)   a line diagram that includes all relevant information regarding the electrical charger, panels, raceways, wire types and sizes, utility service main breaker ampacity, and utility service voltage;

      (c)   if applicable, identification of the type of EV Charger being installed;

      (d)   current manufacturer specification sheets for major components of the system;

      (e)   information from the manufacturer indicating whether or not ventilation is required;

      (f)   if ventilation is required, a mechanical plan signed and stamped by either a California registered Mechanical Engineer or the licensed Mechanical Contractor responsible for the ventilation design;

      (g)   a site plan approximately to scale that includes the locations of new and existing panels, meter, charging unit, and associated items;

      (h)   a completed Department service load calculation form;

      (i)   an electrical panel schedule; and

      (j)   listing and labeling information from an approved nationally recognized testing laboratory.

106A.1.16.3 Inspections. Inspections by the Electrical Division are required for EV Charging Station installations, and for any alteration or modification of the electrical system on the property, including the installation of EVSE.

106A.1.17 Mixed-Fuel Buildings.  The Building Official shall not issue permits for construction of any new Mixed-Fuel Building that submitted an initial application on or after June 1, 2021. Permits for new construction, the initial applications for which were submitted on or after that date, may only be obtained for All-Electric Buildings or Projects. New construction that includes natural gas infrastructure solely to serve appliances covered by the Federal Energy Policy and Conservation Act (42 U.S.C. §§ 6201 et seq.) and that complies with the Design Guidelines for Electric-Ready Buildings published by the Department of Building Inspection shall be considered an All-Electric Building or Project for purposes of this subsection 106A.1.17. For purposes of this subsection, the initial application shall be the first site or building permit application associated with the project.

   EXCEPTIONS: The Building Official may issue a permit for construction of a new Mixed-Fuel Building in the following circumstances, and provided that the building shall be Electric-Ready as specified in the Design Guidelines for Electric-Ready Buildings published by the Department of Building Inspection:

      (1)   Upon the Building Official’s finding that constructing an All-Electric Building or Project is physically or technically infeasible and that a modification pursuant to section 104A.2.7 is warranted. Financial considerations shall not be a sufficient basis to determine physical or technical infeasibility. Modifications from this section 106A.1.17 shall only be issued under this exception where the Building Official finds: sufficient evidence was submitted to substantiate the infeasibility of an All-Electric Building or Project design; the installation of natural gas piping systems, fixtures and/or infrastructure is strictly limited to the system and area of the building for which All-Electric Building or Project design is infeasible; and that the project’s modified design provides equivalent health, safety and fire-protection to All-Electric Building or Project design; or

      (2)   The Building Official may issue a permit for a new Mixed Fuel Building that includes an area specifically designated for occupancy by a commercial food service establishment (A-2 Occupancy) that is a Mixed-Fuel Building solely because it provides gas piping systems, fixtures and/or infrastructure exclusively for cooking equipment within the designated commercial food service area where the initial application was submitted prior to January 1, 2022.

         (i)   For initial applications submitted on or after this date, the Building Official may issue a permit for such a new Mixed-Fuel Building—that is a Mixed-Fuel Building solely because it provides gas piping systems, fixtures and/or infrastructure exclusively for cooking equipment within the designated commercial food service area—upon finding that the applicant has submitted sufficient evidence that such gas systems are necessary for the specific commercial food service establishment that will operate the food service area. Applicants may appeal determinations made by the Building Official to the Board of Examiners, pursuant to section 105A.1.

   REPORTING: No later than July 15, 2022 and annually thereafter until 2025, the Building Official shall provide to the Department of Environment a report listing the status of all permits granted or in process to construct a new Mixed-Fuel Building pursuant to the above exceptions. The reports shall be cumulative and shall include a brief description of the circumstances for which the applicant seeks or has been granted an exception.

(Amended by Ord. 247-24, File No. 240845, App. 10/24/2024, Eff. 11/24/2024)

106A.1.17.1 Conversion to Mixed-Fuel Buildings. The Building Official shall not issue permits that would convert an All-Electric Building or Project into a Mixed-Fuel Building where the initial application was submitted after June 1, 2021.

106A.1.17.2 Municipal New Construction. The provisions in section 106A.1.17 do not apply to Municipal New Construction as defined by Chapter 7 of the Environment Code that are subject to Section 706 of the Environment Code.

106A.1.18. Labor Compliance Bonds for Certain Residential Projects.  As the terms “Project” and “First Construction Document” are defined in Labor and Employment Code Section 81.3, and may be amended from time to time, a First Construction Document shall not be issued to a Project that filed an application for a building permit or a complete Preliminary Permit Application pursuant to California Government Code Section 65941.1 on or after the effective date of Labor and Employment Code Article 81 unless the Department has received written confirmation from the Controller that the surety bond required under Labor and Employment Code Section 81.5(a) has been filed.

(Amended by Ord. 58-23, File No. 230134, App. 4/21/2023, Eff. 5/22/2023)

106A.1.19 State-Mandated Accessory Dwelling Unit Program. California Government Code Sections 65852.2 and 65852.22 require expedited, ministerial consideration of Acessory1 Dwelling Units (“ADUs”) and Junior Acessory1 Dwelling Units (“JADUs”) that meet the requirements of Planning Code Section 207.2.

106A.1.19.1 Permit Application Review and Approval. The City shall approve or deny an application for a permit to construct an ADU or JADU on a lot containing an existing dwelling within 60 days from receipt of the complete application if the proposed construction fully complies with the requirements set forth in Planning Code Section 207.2 and any other applicable requirements. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

106A.1.19.2 Notice of Garage Demolition. Written and posted notice shall not be required for the demolition of a detached garage that is to be replaced with an ADU, unless the property is located within a historic or conservation district pursuant to Article 10 or Article 11 of the Planning Code.

(Added by Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

CODIFICATION NOTE

1.   So in Ord. 62-24.

106A.2 Work exempt from permit. [Section 105.2 of the California Building Code.] Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following:

   1.   One-story detached accessory buildings or structures used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 100 square feet (9.29 m2).

   2.   Fences not over 6 feet (1829 mm) high located at the rear and side lot lines at the rear of the property, and all fences not over 3 feet (914.4 mm) in height.

   3.   Amusement devices not on fixed foundations.

   4.   Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) high.

   5.   Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

   6.   Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18927 L) and the ratio of height to diameter or width does not exceed 2.1.

   7.   Platforms, sidewalks, walks and driveways when not part of an exit, and not more than 30 inches (762 mm) above grade and not over any basement or story below and which, for residential buildings required to be accessible to persons with disabilities, are not part of a required accessible route.

   8.   Painting, papering and similar finish work.

   9.   Temporary motion picture, television and theater stage sets and scenery.

   10.   Minor repairs to existing interior plaster or wallboard, except when part of a fire-resistive assembly.

   11.   Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18927 L).

   12.   State-owned buildings under the jurisdiction of the state fire marshal. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

   13.   Reroofing without the installation, repair or removal of roof sheathing, if the total surface area of the roof reroofed in any 12-month period does not exceed 25 percent of the entire surface area of the roof.

   14.   Surface mounting of readily removable materials on interior walls.

   15.   Work performed on structures owned and occupied by the Federal or State government. This exemption shall not apply to privately operated structures erected on government-owned land, or to privately owned land or structures leased to the Federal or State government, or to structures owned and operated by State educational institutions unless such structures are owned and used exclusively for educational purposes or other uses related to the institution’s educational purposes, such as student cafeterias or dormitories.

   16.   Installations or replacement of floor coverings in areas other than bathrooms and toilet rooms not requiring the removal of existing required flooring.

   17.   Repair and replacement of glazing in conformity with this code, and provided wire glass shall be replaced in kind.

   18.   Replacement of doors, except garage doors, in all occupancies, provided they are not part of fire-resistive assemblies required by this code.

   19.   Work performed on structures owned or leased by the City and County of San Francisco where the construction or modification of said structure is financed in whole or in part by the issuance of lease revenue bonds prior to July 1, 1989.

   20.   See Section 3107.1.1 for exempt signs.

   21.   See Section J103.2 for grading permit exemptions.

   22.   See Section 106A.1.10.3 for Elevators regulated by the state exemption.

   23.   Construction or repair of a homeless shelter located on City owned or leased land during a declared shelter crisis where the work complies with all the following alternative approval process conditions: (a) the City agency proposing the construction or repair submits written notice to the Clerk of the Board of Supervisors of the agency’s intention to invoke this subsection 106A.2(23) and 60 days elapse without the City enacting an ordinance restricting the agency’s invocation of this subsection; (b) the City agency proposing the siting, construction, or repair submits all information required under Section 106A.3.1 to the Department; (c) the Department routes the information regarding the proposed work to all bureaus, departments, or agencies that are required to review and approve such construction or repair as required under applicable ordinances and laws, including the Fire Marshal, Chief Harbor Engineer of the Port of San Francisco (if applicable), and the Departments of Public Works, Planning, and Public Health; (d) the Department receives written confirmation from the Directors of each applicable bureau, department, and agency that the proposed work complies with all ordinances and laws subject to their authority; (e) the Department confirms that the proposed work complies with all applicable provisions of this Building Code and that the Department has received written confirmation of compliance from all applicable bureaus, departments, and agencies; and (f) the Department issues a written determination of compliance that contains all the information required under Section 106A.4.

    24.   A small residential rooftop solar energy system, as defined in Section 106A.1.15.1, installed on a building that is not (a) a designated landmark, (b) a contributory resource in a designated historic district, or (c) on the National Register or State Register, or deemed eligible for listing on the National or State Register. An electrical permit or other permit may be required depending on the system.

106A.3.1 Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall:

   1.   Identify and describe the work to be covered by the permit for which application is made.

   2.   Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

   3.   For new buildings or structures, indicate the use or occupancy of all parts of the building or structure for which the proposed work is intended. For alteration work, indicate the proposed use or occupancy and the most current legal use or occupancy of all portions of the building or structure affected by or relevant to the proposed work.

   4.   Be accompanied by plans, diagrams, computations and specifications and other data as required in Section 106A.3.2.

   5.   State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

   6.   Be signed by the owner, or the owner’s authorized agent, who may be required to submit evidence to indicate such authority. Such agent shall be responsible for advising the owner of all conditions attached to the application by the various approving agencies.

   7.   Give such other data and information as may be required by the building official.

   8.   Include, when available, the name, address and telephone number of the owner or contractor. When applicable, State and City license numbers shall be indicated.

   9.   Contain an agreement by the owner of the premises to hold harmless the City and County of San Francisco and its officials and employees from all costs, liability and damages resulting, whether directly or indirectly, from use or occupancy of the sidewalk, street or subsidewalk space, or from anything in connection with the work included in the permit. The agreement shall run with the land and be binding on all of the owner’s successors in title.

   10.   Include an affidavit, signed under penalty of perjury, that the owner, or the owner’s authorized representative, is not removing a legal or illegal dwelling unit, as defined in the Housing Code, when the work included in the permit is removal of a stove, kitchen, as defined in the Housing Code, or bathroom, as defined in the Housing Code. Such affidavit shall be posted prominently for at least fifteen (15) days in a conspicuous common area within the building where the work is proposed and shall be provided via hand delivery or U.S. mail to all tenants residing in the building.

106A.3.1.1 Application processing. The application, plans, specifications and other information submitted shall be referred for such review and approval as is required under applicable ordinances and laws. Each such reviewing bureau, department or agency shall indicate in a manner determined by the Building Official its approval, approval with conditions, or disapproval.

106A.3.1.2 Transfer of application. Applications are transferable with payment of additional fees when the new owner submits a letter to the Department agreeing to all conditions of approval, stipulations and agreements contained on the application, per Table 1A-D.

106A.3.1.3 Authorization of dwelling units installed without a permit.

   (a)   Screening required. Prior to filing a permit application to legalize an existing unauthorized dwelling unit under Section 207.3 of the Planning Code, the owner of the building or the owner’s authorized agent shall submit the following information to the Department for the purpose of determining whether the unauthorized dwelling unit can comply with the requirements of this Code or other codes administered and enforced by the Department, or whether equivalencies from Code requirements can be obtained:

      (1)   a Dwelling Unit Legalization Checklist form, created by the Department, together with floor plans for the entire building and a plan showing the location of all structures on the subject lot;

      (2)   evidence from the San Francisco Water Department, telephone, gas or electric records, written lease agreements, or other evidence acceptable to the Department showing that the dwelling unit for which approval is sought existed prior to January 1, 2013;

      (3)   an assessment prepared by a licensed contractor, architect, or engineer that outlines a plan to comply with all applicable requirements of the Building Code and other Codes administered and enforced by the Department; and

      (4)   other information as the Building Official shall require.

   (b)   Imminent and substantial hazard. If the Department identifies an imminent and substantial hazard as described in Section 102A.16 of this Code during the screening process, the Department shall inform the applicant of the appropriate remedial actions and notifications to tenants. The Department shall not pursue remedial code enforcement actions and notifications to tenants based solely on information provided by the applicant during the screening process, unless the Department identifies an imminent and substantial hazard or the applicant consents.

   (c)   Application process; required permit(s). After completion of the screening process required by subsection (a) a property owner or the owner’s authorized agent may file applications with the Department, Fire Department, or other City department for any building or other permits that are required in order to legalize one existing unauthorized dwelling unit on the property. The application(s) shall refer explicitly to this Section 106A .3.1.3 and Section 207.3 of the Planning Code. If there is more than one existing unauthorized unit on the site, the owner or agent shall designate the unauthorized unit for which legalization is sought. The approval, issuance, expiration, or cancellation of an application filed pursuant to this Section 106A .3.1.3 and any resulting permits shall be in accordance with the provisions of all City codes, except as provided below. Cancellation or disapproval of the application or any resulting permit shall terminate all rights under this Section created by the application. A dwelling unit is not lawful unless and until all necessary approvals have been obtained.

   (d)   Notices of violation. If the Department has issued a notice of violation for the unauthorized unit for which legalization is being sought and all violations would be corrected by legalization of the unit, the Director shall:

      (1)   temporarily suspend the notice of violation and enforcement action upon initiation of the process set forth in subsection (a) by the owner or owner’s authorized agent and acceptance of the required applications by the City; and

      (2)   rescind the notice of violation and remove any related liens on the property if legalization of the unit is approved within one year of initiation of the process set forth in subsection (a).

   (e)   Funding resources information. The Department shall provide information about the Mayor’s Office of Housing and Community Development Code Enforcement Rehabilitation Fund and other potential funding sources that may be available for code compliance.

106A.3.2 Submittal documents. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents for a permit. When such plans are not prepared by an architect, land surveyor, or an engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect, land surveyor, or engineer. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by State law. Materials submitted by a licensed architect, land surveyor, or engineer must be signed and sealed on all plan sheets.

   Two complete sets of plans which may include specifications and three copies of the soil investigation report (when required) shall be submitted. Additional complete sets of plans and specifications may be required for special permit processing services that may be offered by the City and County of San Francisco.

EXCEPTIONS:

   1.   The requirements for plans or specifications may be waived by the Building Official, provided that the nature and extent of the proposed construction can be clearly described in writing, and such a description is filed with the application.

   2.   In addition to all other requirements of Section 106A.3.2, the following requirements shall apply to: (a) applications for construction of new buildings or structures, and to alterations that involve a substantial increase in the building envelope of an existing building or structure, within the Edgehill Mountain Slope Protection Area, created by Building Code Section 106A.4.1.2, and within the Northwest Mt. Sutro Slope Protection Area, created by Section 106A.4.1.3 and (b) application for construction on property subject to the Slope Protection Act created by Building Code Section 106A.4.1.4:

   The Building Official may not waive the requirements for submittal documents set forth in Section 106A.3.2.

   Submittal documents shall substantiate that the building or structure will comply with applicable codes and regulations.

   Submittal documents shall include (1) plans prepared by a State-licensed architect, land surveyor, or engineer and (2) a construction/staging plan establishing that the proposed construction will not compromise the health, safety or welfare of neighboring property owners. Submittal documents shall demonstrate to the satisfaction of the Building Official, based on consultation with and written communications from appropriate City officials, including the Director of the Department of Public Works, that there is sufficient infrastructure (including utilities and streets) to support the proposed residential development and that the proposed emergency vehicle access routes comply with the standards in use by the Fire Department or similar agency in effect at the time the application is submitted.

106A.3.2.1 Incomplete applications. The Department will not process an application which is not completely or properly filled out pursuant to the requirements of this section. When the submittal documents do not contain the information required by this the application shall not be accepted.

106A.3.2.2 Demolition. An application for a permit to demolish a building or structure shall not be deemed complete until (a) the applicant declares under penalty of perjury that every party who has a recorded interest in the property that is the subject of the application has been notified of the filing of the application. See Section 110A, Table 1A-L – Public Information – for fee to defray the cost of maintaining records of such declarations and other attendant costs and (b) the Department receives written notice from the Department of Environment that the Department of the Environment has approved the applicant’s waste diversion plan in accordance with Chapter 14 of the Environment Code.

106A.3.2.2.1 Demolition application and notification. Upon receipt of an application which would authorize the tearing down or demolition of a building or structure, the Department shall mail written notice to the owners of properties at least 300 feet (91.44 m) in every direction from the edge of the property on which the proposed demolition work will take place, as shown on the last annual tax roll, and shall provide notice to each residential tenant of the property that is the subject of the application and of the property immediately adjacent to such property. Said notice shall include the street address of the proposed work and the name and address of the property owner and, if known, of the contractor.

106A.3.2.2.2 Notice to interested parties. Any of the following organizations or groups may request notification of the receipt by the Department of an application for a demolition permit and of the issuance thereof:

   1.   Architectural or historic preservation or housing conservation groups.

   2.   Recycling companies.

   Such request shall be in writing to the Department, on forms furnished by the Department. The organization or group shall specify the area(s) of the City and County of San Francisco for which notification is requested, and the Building Official shall establish the boundaries of such areas for purposes of such notification. Requests shall be made annually, within 30 days after July 1 of each year. See Section 110A, Table 1A-L – Public Information – for fees. Fees may be prorated by the Department for any requests which are received at other times during the year.

106A.3.2.3 Substantial alterations – Notification, sign posting and affidavits. In addition to any other requirements for notice set forth in this code, the following shall apply:

   Any person filing an application to (1) substantially alter, as that term is defined by the Building Official, an apartment house or residential hotel (as defined in Section 41.4 of the Administrative Code) that contains five or more dwelling units, or (2) remove a legal or illegal dwelling unit, as defined in the Housing Code, shall post a sign at least 15 inches by 15 inches (381 mm × 381 mm) in a conspicuous common area of the apartment house or residential hotel for at least 15 days with the following information: notice that the application has been made, the nature of the work to be performed, the means of obtaining information from the Department, and the procedure for appealing the issuance of building permits. When the permit application proposes to remove a legal or illegal dwelling unit, the posted sign shall also contain a list of tenant counseling or legal services that can provide assistance to tenants with understanding and participating in the City’s processes, and notice of such application shall be delivered via hand delivery or U.S. mail to all tenants in the building. Such notice shall also include contact information for translation services into Spanish, Chinese, and Russian. In occupied residential unreinforced masonry buildings, required signs shall also include specified information provided by the Building Official. The applicant shall thereafter submit an affidavit signed under penalty of perjury stating that the sign has been posted as required by this section. See Section 110A, Table 1A-L – Public Information – for fee to defray the cost of maintaining records of said affidavits. The Building Official shall not approve the application until this affidavit is submitted. If there is reason to believe that the sign was not posted as required, the Building Official 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 cancel an application or revoke the permit if it is determined they have not been substantially met.

106A.3.2.4 Hazardous Substances.

106A.3.2.4.1 Soil and/or groundwater sampling and analysis required. Applicants for any building or grading permit which involves the disturbance of at least 50 cubic yards (38.23 m3) of soil shall comply with the requirements for soil and/or groundwater sampling and analysis of Article 22A of the Health Code, unless such property is subject to Health Code 22A.9 when any part of the work will occur

   (a)   bayward of the 1851 high-tide line as indicated on the Map of the City and County of San Francisco (adopted June 27, 1986) (see Figure 1A-1) which is maintained for public distribution by the Building Official;

   (b)   in any area of the City designated by the Director of Public Health under Article 22A of the Health Code;

   (c)   on any lot within the City either presently or previously zoned for industrial use as defined in Article 22A of the Health Code;

   (d)   on any lot within the City either presently or previously permitted for industrial use;

   (e)   on any lot within the City within 150 feet of any of the elevated portions of the following highways: U.S. Highway 101, Interstate 80, Interstate 280;

   (f)   on any lot in the City known or suspected by the Department of Public Health to contain hazardous substances in the soil and/or groundwater, using the definition of hazardous substance contained in Article 22A of the Health Code, or;

   (g)   on any lot of the City known or suspected by the Department of Public Health to contain or to be within 100 feet of an underground storage tank.

   Note: Figure 1A-1 is included at the end of this chapter.

106A.3.2.4.2 Permit approval.

   (a)   Except as provided in subsection (b), no building permit application subject to the requirements of this Section shall be considered acceptable for review and approved until the Department receives written notification from the Director of Public Health that the applicant has complied with all applicable provisions of Article 22A of the Health Code that can be completed without a permit, or that the requirements have been waived.

   (b)   Subsection (a) does not apply to the following extent:

      (1)   The Building Official may consider an application acceptable for review and issue a site permit pursuant to Section 106A.3.4.2 prior to the time an applicant complies with this Section.

      (2)   The Building Official may consider an application acceptable for review and issue site permit addenda and other permit(s) to undertake soil sampling or mitigation measures to comply with this section.

106A.3.2.4.3 No time limits. For the purposes of completing the requirements of this Section, the time limitations set forth in Section 106A .3.7 of the San Francisco Building Code do not apply.

106A.3.2.4.4 Permit notification and warning.

   (a)   The Building Department shall provide information to all permit applicants of Bay Area Air Quality Management District and California Air Resources Board regulations, as well as San Francisco Health Code Article 22B and Building Code requirements regarding construction dust control to mitigate potential adverse public health effects from dust in general, and from naturally occurring asbestos that may be released during construction activities.

   (b)   All building permits and grading permits issued by the Building Department under this Section 106A.3.2.4 shall bear the following printed warning:

   WARNING

   Under San Francisco Building Code Section 106A.3.2.4.2, certain building permits may be issued only after the permittee analyzes the soil and/or groundwater for the presence of hazardous substances and, where applicable, the Department of Public Health has approved the permittee’s site mitigation plan. In issuing this permit, neither the City nor any of its officers or employees make any representation that the soil and/or groundwater on or about the site is free from the presence of hazardous substances. Nor does the City’s implementation of this process relieve any person from their duties and responsibilities relating to hazardous substance contamination under state and federal law. Neither subsurface soil analysis under Building Code Section 106A.3.2.4.2 nor the issuance of this permit is intended to alter, extinguish, or transfer these responsibilities.

106A.3.2.5 Hunters Point Shipyard.

106A.3.2.5.1 Compliance required. Applicants for any building or grading permit for Hunters Point Shipyard, which involves subsurface disturbance of soil or the extraction or management of groundwater, except where such permit is for purposes of environmental characterization, and except, in the case of property determined by the applicable ROD to be suitable for unrestricted residential use, where such permit involves subsurface disturbance of less than 50 cubic yards (38.23 m3) of soil, shall comply with the requirements of Article 31 of the Health Code. Hunters Point Shipyard is that area of the City and County of San Francisco shown on Article 31 Map-Figure 1, which is maintained for public distribution by the Building Official. A copy of said Figure is on file with the Clerk of the Board of Supervisors in File No. 100577.

106A.3.2.5.2 Permit approval. No building permit application subject to the requirements of this section shall be deemed to be complete until the Department receives written notification from the Director of Public Health that the applicant has complied with all applicable provisions of Article 31 of the Health Code. Approvals or conditions imposed in writing by the Department of Public Health shall become conditions of the permit issued by the Department, and violation of such approvals or conditions shall be deemed a violation of the permit.

EXCEPTION:

   1.   The Building Official may issue a site permit pursuant to Section 106A.3.4.2 prior to the time an applicant complies with this section.

   2.   Site permit addenda and other permit(s) may be issued to excavate soil or undertake soil sampling or implement other requirements of Article 31 of the Health Code.

106A.3.2.5.3 No time limits. For the purposes of completing the requirements of this section, the time limitations set forth in Section 106A .3.7 of the San Francisco Building Code do not apply.

106A.3.2.5.4 Permit notification. All building permits and grading permits issued by the Department of Building Inspection shall bear notice of the above requirements and of the permittee’s responsibility to comply.

106A.3.2.6 Construction dust control.

106A.3.2.6.1 Dust control required. All applicants for a building, demolition, excavation, grading, foundation, or other permit required by this Code to construct a new building, to demolish a building, to substantially alter or to add to an existing building shall comply with the requirements for dust control and, in addition, for projects over a half acre the applicant will be required to submit a Dust Control Plan for approval by the San Francisco Health Department as set forth in Article 22B of the San Francisco Health Code.

106A.3.2.6.2 Permit approval. For projects of over one half acre in size, no building or other permit application subject to the requirements of this section shall be approved until the Department of Building Inspection receives either

   (a)   written notification from the Director of Public Health that the applicant either has a site-specific dust control plan for the project approved by the Director of Public Health or the Director of Public Health has waived the requirement or

   (b)   the applicant qualifies as an interior only tenant improvement project that will not produce exterior visible dust and therefore is exempt from complying with Article 22B of the San Francisco Health Code.

   EXCEPTION: The Director may issue a site permit pursuant to Section 106A.3.4.2 prior to the time an applicant complies with this section.

106A.3.2.6.3 General dust control requirements.

   (a)   All site preparation work, demolition or construction activities within the City and County of San Francisco that have the potential to create dust or will expose or disturb more than 10 cubic yards or 500 square feet of soil shall comply with the requirements of this Section whether or not the activity requires a permit from the Department of Building Inspection.

   (b)   For projects over one half acre in size, the project sponsor shall designate a person or persons who will be responsible for monitoring compliance with dust control requirements. The designated person or persons shall be on the site or available by telephone or other means during all times that site preparation, demolition or construction activities may be in progress, including holidays and weekends. The name and telephone number where such person or persons may be reached at all times shall be provided to the Director and to the Director of Public Health prior to commencement of work on the project.

   (c)   The project sponsor and the contractor responsible for construction activities at the project site shall use the following practices to control construction dust on the site or other practices that result in equivalent dust control that are acceptable to the Director.

      (1)   Water all active construction areas sufficiently to prevent dust from becoming airborne. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water must be used if required by Article 21, Section 1100 et seq. of the San Francisco Public Works Code. If not required, reclaimed water should be used whenever possible.

      (2)   Provide as much water as necessary to control dust (without creating run-off) in any area of land clearing, earth movement, excavation, drillings, and other dust-generating activity.

      (3)   During excavation and dirt-moving activities, wet sweep or vacuum the streets, sidewalks, paths, and intersections where work is in progress at the end of the workday.

      (4)   Cover any inactive (no disturbance for more than seven days) stockpiles greater than ten cubic yards or 500 square feet of excavated materials, backfill material, import material, gravel, sand, road base, and soil with a 10 mil (0.01 inch) polyethylene plastic or equivalent tarp and brace it down or use other equivalent soil stabilization techniques.

      (5)   Use dust enclosures, curtains, and dust collectors as necessary to control dust in the excavation area.

106A.3.2.6.4 Large projects. If the project is over one half acre in size and the project does not qualify for an interior only tenant improvement project exemption or the Department of Public Health has not issued a waiver for a site-specific dust control plan for the project; construction, demolition, excavation, grading, foundation work, or other permitted activities may not commence until the owner or the owner’s agent has submitted to the Department a copy of the Director of Public Health’s written approval of the dust control plan. All site preparation and construction activities on the job site shall comply with the general requirements for dust control and the site-specific dust control plan approved by the Director of Public Health. The failure to comply with all provisions of the approved site-specific dust control plan shall be considered a violation of this Code.

106A.3.2.6.5 Waiver of requirements for compliance for small sites; rescission of waiver. For sites less than a half acre in size:

   (a)   The Director may waive these requirements if the applicant demonstrates to the Director’s satisfaction that the proposed site preparation, demolition or construction activities are unlikely to result in any visible windblown dust.

   (b)   If at any time, contrary to the applicant’s assertions, the construction activities produce visible windblown dust, the Director may issue a written order rescinding the waiver. A copy of the rescission order shall be personally served on the owner of the property at the address on file with the Department of Building Inspection and posted on the job site.

   (c)   If the Director orders rescission of the waiver, the owner of the property and the contractor or other persons responsible for construction activities at the site shall comply immediately with the above dust control requirements.

106A.3.2.6.6 Permit notification. All building, demolition, excavation, grading, foundation, or other permit subject to this section issued by the Department of Building Inspection shall bear notice of the above requirements and of the owner’s responsibility to control construction dust on the site.

106A.3.2.6.7 Violations. Upon receipt of complaints, the Director is authorized to administer and enforce all provisions of this Section and may enforce the provisions of this Section by any lawful means available for such purpose, including taking actions authorized pursuant to Section 103A of this Code.

106A.3.2.6.8 Fees. The Department shall determine and recommend to the Board of Supervisors the amount of fee that is required to compensate the Department for the costs of enforcing these dust control requirements.

106A.3.3 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper of a size not less than 11-inch by 17-inch (279.4 mm × 431.8 mm) and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Specific plans and information required shall include any of the following that is appropriate for the work being proposed:

   1.   The Assessor’s block and lot number on the first sheet or page of each set of plans and other submittal documents.

   2.   A dimensioned plot plan showing sidewalk widths, street widths, lot lines, locations of proposed or existing buildings or structures on the property, and full widths, heights and setbacks of buildings on adjacent properties where their locations or heights affect the code requirements of the subject building or structure. Locations of parking or loading spaces and of aboveground hydrants and utility poles shall also be shown. The Building Official may require the owner to have the lot surveyed and staked by a registered land surveyor or registered civil engineer so that the proper location of the building on the lot may be determined. A copy of this survey shall be filed with the application for the permit.

   3.   All existing and future finished grades for new buildings or structures and additions to existing buildings or structures, including official curb and street grades.

   4.   Complete dimensioned exterior elevations showing types of wall materials, locations and sizes of wall openings, roof heights and setbacks from property lines. The existing and future exterior grade profiles on each side of the building extending to any adjoining buildings, structures or properties which might be affected by this work shown on the elevations unless a topographic map prepared by a licensed surveyor is submitted.

   5.   Dimensioned architectural floor plan for each floor, basement and roof unless the floor plans are identical. The scale shall be not less than 1/8 inch (3.175 mm) to 1 foot (304.8 mm) unless otherwise permitted by the Building Official. The floor plan shall show the gross area of each use area on each floor, and the total area of each floor. Structural, mechanical and other detailed information shall not be superimposed unless the resultant floor plans are clearly legible and understandable.

   6.   For alteration work, all existing partitions and construction that are to be removed or altered and all that are to remain unchanged.

   7.   Identification on the architectural floor plans of the use or occupancy classifications of all new and existing areas of the building.

   8.   Cross-sections as necessary, including information on location and depth of footings of adjacent buildings or structures which might be affected by this work.

   9.   Information regarding all architectural and structural materials to be installed in the building.

   10.   Details of all fire-resistive assemblies and elements, and provisions for maintaining the integrity of fire-resistive assemblies or elements where penetrated.

   11.   Information regarding the installation, location and support of building utilities, including plumbing systems, and electrical equipment, wiring and systems.

   12.   Structural plans and calculations detailing all components of the vertical load carrying system, including joists, beams, girders, columns, bearing walls and locations and depths of footings. Connection details and cross-sections to show how the loads are transferred and carried from the roof to the foundation. Live load clearly designated on the plan for each use area.

   13.   Structural plans and calculations detailing all elements of the lateral force resisting system, including horizontal and vertical diaphragms, connections and details that completely identify the lateral force load path from the roof to the foundation.

   14.   Special inspection and structural observation program required by Sections 106A.3.5, 1704 and 1709.

   15.   Geotechnical report when work involves significant grading, excavation or fill, or uses special foundations; or when the site is included in the State of California Seismic Hazard Zones Map, Special Soils Map or other area identified by the Building Official. See Appendix J, for additional grading permit requirements.

   16.   Hydraulic design drawings and calculations for sprinkler systems and standpipes.

   17.   Information on plans demonstrating compliance with energy conservation requirements.

   18.   Information on plans demonstrating compliance with applicable sound transmission requirements.

   19.   Information on plans demonstrating compliance with applicable disabled access requirements.

   20.   Information on plans demonstrating compliance with water conservation and reclamation requirements.

   21.   Landscaping and irrigation plans, when required by the Planning Department, Department of Public Works or other agencies.

   22.   Photographs when required by the Planning Department or other agencies.

   23.   For a building that is an unsafe structure as defined in Section 102A, sufficient information to show how all unsafe conditions will be corrected.

   24.   Information on plans demonstrating compliance with the lactation room requirements of Section 1210.5 of the Building Code.

   25.   All other information necessary for determining compliance with applicable codes and regulations.

106A.3.4 General Permit Procedures.

106A.3.4.1 Architect or engineer of record. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

   The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, included deferred submittal items, for compatibility with the design of the building.

106A.3.4.2 Site permit. For any work or project for new construction, major alterations, or otherwise requiring plan review or entitlement by the Planning Department, the property owner or owner’s agent may apply for a site permit. The site permit shall be issued by the Building Official after the Planning Department completes its review and has issued any required authorizations, approvals, or certifications required by the project under the Planning Code, and after the Building Official completes the review outlined in subsection 106A.3.4.2.2. No construction work shall be done under the site permit. Construction may proceed after the appropriate addenda have been issued pursuant to subsection 106A.3.4.2.3.

106A.3.4.2.1 Contents of site permit application. The site permit application shall consist of:

   1.   Completed form. The completed application form, pursuant to section 106A.3.1.

   2.   Preliminary plans and drawings.

      a.   Architectural Plans. Architectural plans that include plot plan, floor plans (existing and new), sections, and elevations to describe the general scope of work. Submit two sets if applying in paper format.

      b.   Structural Design Criteria Document. For projects subject to Structural Design Review, see Administrative Bulletin 082 as may be amended from time to time. If applying in paper format, the site permit application shall include two sets of the Structural Design Criteria Documents.

      c.   Green Building Submittal. For projects subject to green building regulations, the application shall include the information required under Administrative Bulletin 093 as may be amended from time to time.

   3.   Information required for site permit review. The following shall be included for site permit review:

      a.   Building Information and Data. Sufficient information to establish that the project meets minimum standards for the scope of work, use and occupancy group classifications, construction type, number of stories, and basements, height, and sprinkler provisions.

      b.   Allowable Height, Story, and Area. Tabulation of the actual and allowable height, story, and area, with computations to document analysis, including sprinkler and area modification provisions where applicable. For new buildings, tabulation of the gross area for all basements and stories individually, and a summation of the total building area. For alterations with vertical and/or horizontal additions, tabulation of the gross area for the existing building and for the additional area (or reduced area). Values for all basements and stories shall be provided individually. summation of the total building area. 1

      c.   Exterior Wall and Opening Protection. A plot plan locating the building, and adjoining properties and buildings, and public ways. Location and dimension of property lines, both real and assumed in cases of two or more buildings on the same lot regulated as separate buildings.

      d.   Means of Egress. Occupant loads and analysis of the Means of Egress system, inncluding1 diagonal dimensions of spaces requiring two or more exits and the exit separation distances, and diagonal dimensions of each story or portion thereof requiring two or more exits and the exit separation distances. From the most remote point in a story or portion thereof to an exit, exit access travel distances must be documented. Where applicable, the common path of egress travel distance from the most remote point in a space, in a story or portion thereof, must be documented. Travel distances shall be measured rectilinearly at right angles except where the direction of travel is guided by walls or other permanent architectural features.

      e.   Slope Protection Act Checklist. Projects located in areas subject to the Slope Protection Act, Section 106A.4.1.1,shall submit the information required by Section 106A.4.1.4.4.

   4.   Fees. The permit issuance fees and plan review fees shall be as set forth in Section 110A , Table 1A-A – Building Permit Fees, and Table 1A-B – Other Building Permit and Plan Review Fees, and shall be calculated on the basis of the total valuation of the work.

106A.3.4.2.2 Scope of site permit review. The purpose of a site permit is to allow the Department to review the preliminary conceptual and schematic designs of proposed construction while the Planning Department completes its review and issues any required approvals or authorizations under the Planning Code. To expedite the permit review process for electronically submitted site permit applications, the Department shall distribute the site permit to the Planning Department, Fire Department, and any other department that may need to review the site permit such that all interdepartmental review of electronically submitted applications is conducted simultaneously.

   The scope of review of the site permit is limited. The Building Official reviews the site permit to assure that there are no major issues with the proposed construction that need resolution before proceeding to detailed design of a code-complying structure. There is no detailed plan review required at the time of site permit review, nor shall a site permit be withheld in order to conduct detailed plan review. Detailed review of plans, along with any associated revisions, modifications, or comments, will be conducted during addendum review after the site permit is issued.

106A.3.4.2.3 Addenda to site permits. The site permit must be issued prior to submittal of the first addendum. Plans for construction may be divided and submitted in accordance with an addenda schedule submitted on the site permit drawings or on the first addendum drawings. See Section 110A , Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fee.

   The holder of such permit and addenda shall proceed with approved addenda work at the permittee’s own risk, without assurance that approvals for the remaining addenda or for the entire building or structure will be granted.

   Each addendum must be approved and issued before work shown on that addendum may commence. The time allowed for review, approval, and issuance of all addenda is governed by the maximum time allowed per Section 106A.4.4 and Table B – Maximum Time Allowed to Complete All Work Authorized by Building Permit. The extension times may be applied upon payment of a fee per Section 110A, Table 1A-J – Miscellaneous Fees. If all required addenda are not approved and issued by the maximum time allowed, the site permit, all previously approved addenda, and all remaining addenda shall be deemed to be canceled. When a site permit has been canceled, an alteration work application shall be required to resume processing. The provisions of Section 107A.3.3 shall apply to such alteration work application.

(Amended by Ord. 154-23, File No. 230374, App. 7/28/2023, Eff. 8/28/2023)

CODIFICATION NOTE

1.   So in Ord. 154-23.

106A.3.5 Inspection and observation program. When special inspection is required under Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors.

   The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

   When structural observation is required under Chapter 17, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

   The inspection program shall include samples of inspection reports and provide time limits for submission of reports.

106A.3.6 Permit facilitator. Any permit applicant may use the services of a Permit Facilitator. The Permit Facilitator shall be under the jurisdiction of the Building Official. The duties of the Permit Facilitator include distributing permit application submittals to various review disciplines, departments or agencies; and providing the project sponsor with a single point of contact regarding permit application status, procedures or requirements. The fee for such service shall be per Table 1A-B – Other Building Permit and Plan Review Fees – and shall be paid upon filing of a permit application.

106A.3.7 Application expiration. The Building Official may hold in abeyance or reject any application, plans, or specifications filed which in the Building Official’s opinion, do not provide the necessary information in a clear and concise manner as required in Section 106A.3.3, and shall cancel such an application upon the expiration of the time period set forth per Table A.

   At the time the application has been deemed acceptable for building plan review by the Department of Building Inspection, any corrections, additional information, plans or documents that are necessary to complete the processing by the Department of Building Inspection shall be submitted and approved within the following time limitations:

TABLE A – APPLICATION EXPIRATION

 

Valuation	Time Limitation	Extension Limitation
$1.00 to $1 million	360 calendar days	360 calendar days
Over $1 million	720 calendar days	720 calendar days

   The time limitation shall apply until the application has been approved and permit is issued. A one-time extension per Table A may be granted by the Building Official at any point during the approval process, upon written request by the applicant and payment of fee. Additional extensions may be granted by the Building Official prior to extension expiration upon written request from the applicant and payment of fee. See Section 110A, Table 1A-J – Miscellaneous Fees – for applicable fee. In the event an extension of time extends the life of an application beyond the effective date of the adoption of a new code, the Building Official may require that all or part of the application be subject to the provisions of the new code and payment of an additional plan review fee per Table 1A-A – Building Permit Fees. In the event the application has not been approved and issued within 60 days before the end of the stated time period in Table A, the Department shall notify the applicant that the application will be canceled in 60 days unless the application is extended. An application which exceeds the stated or extended time period after such notice shall be deemed canceled without further action by the Department.

EXCEPTIONS:

   1.   For applications resulting from enforcement actions initiated by the Building Official to abate code violations, the above time limits shall be reduced to 30 days and 10 days, respectively. The Building Official may grant an extension for hardship or procedural error. Upon cancellation, such cases shall be referred to the City Attorney for legal action.

   2.   The above time limits shall not apply to applications which are subject to the work without permit investigation fee per Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments. Such applications shall be canceled only through specific action by the Building Official.

   3.   The above time limits shall be suspended whenever an application is returned to the Planning Department for review due to a design change that the Building Code(s) requires.

106A.3.8 Disapproval of application. Any application that does not meet the requirements of this code or any other laws, ordinances or regulations enforced by any interested departments or agencies shall be disapproved by the Building Official or upon request by the applicant. If such a request is not made by the applicant to disapprove an application, the Building Official shall notify the applicant that the application will be cancelled in 60 days.

106A.3.8.1 Withdrawal of application. Applications filed for permits may be withdrawn by the owner, provided that no part of the work proposed on the application has been performed. All applicable fees must be paid before an application can be withdrawn.

106A.4 Permits issuance.

106A.4.1 Issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may/shall be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in Section 107A have been paid, the building official shall issue a permit therefor to the applicant.

   When the building official issues the permit where plans are required, the building official shall stamp each page of the plans and the first page of the specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans.

   The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted.

106A.4.1.1 Transfer of permit. Permits are transferable without payment of fees per Table 1A-D when the new owner submits a letter to the Department agreeing to all conditions of approval, stipulations and agreements contained on the approved application.

106A.4.1.2 Edgehill Mountain Slope Protection Area.

106A.4.1.2.1 Creation. There is hereby created the Edgehill Mountain Slope Protection Area, which is generally bounded by Garcia Avenue, Vasquez Avenue, Kensington Way and Ulloa Street and traversed by Edgehill Way. The Edgehill Mountain Slope Protection Area is comprised of the following Assessor’s Block Numbers: 2875, 2876, 2923, 2933, 2934, 2935, 2936A and 2936B. Heightened review of certain permit applications, as provided in this section, shall be made in this area.

106A.4.1.2.2 Purpose. Because landslides, earth movement, ground shaking and subsidence are likely to occur on or near the Edgehill Mountain Slope Protection Area, causing severe damage and destruction to public and private improvements, the Board of Supervisors finds that the public health, safety and welfare is best protected if the Building Official of Building Inspection causes permit applications within the Edgehill Mountain Slope Protection Area for either (1) construction of new buildings or structures or (2) alterations that involve a substantial increase in the envelope of an existing building or structure, to be peer reviewed for structural integrity and effect on hillside stability. The requirements herein for projects in the Edgehill Mountain Slope Protection Area are in addition to all other applicable laws and regulations, including any and all requirements for environmental review under the California Environmental Quality Act; compliance with the requirements contained herein does not excuse a project sponsor from compliance with any other applicable laws and regulations.

106A.4.1.2.3 Mandatory review by Structural Advisory Committee and other city officials. All permit applications submitted to the Central Permit Bureau for construction of new buildings or structures or alterations that involve a substantial increase in the envelope of an existing building or structure (as determined by the Building Official) within the Edgehill Mountain Slope Protection Area shall be submitted to and reviewed by the Structural Advisory Committee, as defined by Building Code Section 105A.6. No permits for such properties located within the Edgehill Mountain Slope Protection Area shall be issued unless and until the Building Official has consulted with and received a written communication from representatives of the Department of Planning, Department of Public Works and Fire Department, each of whom has made a visit to the site for which the project is proposed, and the Building Official has received a written report from the Structural Advisory Committee concerning the safety and integrity of the proposed design and construction. As part of its review, the Structural Advisory Committee shall consider the effect that construction activity related to the proposed project will have on the safety and stability of the Edgehill Mountain Slope Protection Area.

106A.4.1.2.4 Mandatory denial by Building Official. In the event that the Structural Advisory Committee determines that there is a reasonable likelihood that the proposed design and construction would result in unsafe conditions or would increase the likelihood of hillside instability, and such unsafe conditions or instability cannot be mitigated to the satisfaction of the Structural Advisory Committee, the Building Official shall deny the permit. The Building Official’s decision to deny the permit is appealable only to the Board of Appeals.

106A.4.1.3 Northwest Mt. Sutro Slope Protection Area.

106A.4.1.3.1 Creation. There is hereby created the Northwest Mt. Sutro Slope Protection Area, which is generally bounded on the east by Crestmont Drive and its undeveloped northern extension, on the south along Oak Park to its intersection with Christopher Boulevard, west to Warren Drive, north along Warren Drive to the 6th Avenue and Kirkham Street intersection, and Kirkham Street in an easterly direction to its end at the undeveloped extension of Crestmont Drive. The Northwest Mt. Sutro Slope Protection Area is comprised of the following Assessor’s Block Numbers: 1850, 1851, 2635, 2636, 2638, 2674, 2675, 2676, 2677, and 2686. Heightened review of certain permit applications, as provided in this section, shall be made in this area.

106A.4.1.3.2 Purpose. Because landslides, earth movement, ground shaking and subsidence are likely to occur on or near the Northwest Mt. Sutro Slope Protection Area, causing severe damage and destruction to public and private improvements, the Board of Supervisors finds that the public health, safety and welfare is best protected if the Building Official of Building Inspection causes permit applications within the Northwest Mt. Sutro Slope Protection Area for either (1) construction of new buildings or structures or (2) alterations that involve a substantial increase in the envelope of an existing building or structure, to be peer reviewed for structural integrity and effect on hillside stability. The requirements herein for projects in the Northwest Mt. Sutro Slope Protection Area are in addition to all other applicable laws and regulations, including any and all requirements for environmental review under the California Environmental Quality Act; compliance with the requirements contained herein does not excuse a project sponsor from compliance with any other applicable laws and regulations.

106A.4.1.3.3 Mandatory review by Structural Advisory Committee and other city officials. All permit applications submitted to the Central Permit Bureau for construction of new buildings or structures or alterations that involve a substantial increase in the envelope of an existing building or structure (as determined by the Building Official) within the Northwest Mt. Sutro Slope Protection Area shall be submitted to and reviewed by the Structural Advisory Committee, as defined by Building Code Section 105A.6. No permits for such properties located within the Northwest Mt. Sutro Slope Protection Area shall be issued unless and until the Building Official has consulted with and received a written communication from representatives of the Department of Planning, Department of Public Works and Fire Department, each of whom has made a visit to the site for which the project is proposed, and the Building Official has received a written report from the Structural Advisory Committee concerning the safety and integrity of the proposed design and construction. As part of its review, the Structural Advisory Committee shall consider the effect that construction activity related to the proposed project will have on the safety and stability of the Northwest Mt. Sutro Slope Protection Area.

106A.4.1.3.4 Mandatory denial by Building Official. In the event that the Structural Advisory Committee determines that there is a reasonable likelihood that the proposed design and construction would result in unsafe conditions or would increase the likelihood of hillside instability, and such unsafe conditions or instability cannot be mitigated to the satisfaction of the Structural Advisory Committee, the Building Official shall deny the permit. The Building Official’s decision to deny the permit is appealable only to the Board of Appeals.

106A.4.1.4 The Slope and Seismic Hazard Zone Protection Act. This Section of the San Francisco Building Code shall be known as the Slope and Seismic Hazard Zone Protection Act.

106A.4.1.4.1 Creation. The Slope and Seismic Hazard Zone Protection Act shall apply to all property within San Francisco that exceeds an average slope of 4 horizontal to 1 vertical grade or falls within certain mapped areas of the City, except those properties already subject to the Edgehill Mountain Slope Protection Area or the Northwest Mt. Sutro Slope Protection Area. For purposes of this Section “property” shall mean a legal lot of record. Heightened review of certain permit applications, as provided in this section, shall be given to all property subject to this Act.

106A.4.1.4.2 Purpose. Because landslides, earth movement, ground shaking, drainage issues, and subsidence are likely to occur on or near steeply sloped properties and within other defined areas causing severe damage and destruction to public and private improvements, the Board of Supervisors finds that the public health, safety, and welfare is best protected if the Building Official causes permit applications for the construction of new buildings or structures and certain other construction work on property subject to the Slope and Seismic Hazard Zone Protection Act to undergo additional review for structural integrity and effect on hillside or slope stability. The requirements for projects subject to the Slope and Seismic Hazard Zone Protection Act are in addition to all other applicable laws and regulations, including any and all requirements for environmental review under the California Environmental Quality Act; compliance with the requirements contained herein does not excuse a project sponsor from compliance with any other applicable laws and regulations.

106A.4.1.4.3 Scope.

   (a)   Properties are subject to these requirements where: (1) any portion of the property lies within the areas of “Earthquake-Induced Landslide” in the Seismic Hazard Zone Map, released by the California Department of Conservation, Division of Mines and Geology, dated November 17, 2000, or amendments thereto or (2) the property exceeds an average slope of 4 horizontal to 1 vertical slope.

   (b)   Proposed construction work that is subject to these requirements includes the construction of new buildings or structures having over 1,000 square feet of new projected roof area and horizontal or vertical additions having over 500 square feet of new projected roof area. In addition, these requirements shall apply to the following activity or activities: shoring, underpinning, excavation, or retaining wall work; grading, including excavation or fill, of over 50 cubic yards of earth materials; or any other construction activity that, in the opinion of the Building Official, may have a substantial impact on the slope stability of any property.

106A.4.1.4.4 Mandatory submittal and review of reports.

   (a)   All permit applications submitted to the Central Permit Bureau for construction work on properties subject to the Slope and Seismic Hazard Zone Protection Act shall include report(s) prepared and signed by both a licensed geologist and a licensed geotechnical engineer identifying areas of potential slope instability, defining potential risks of development due to geological and geotechnical factors, including information required by this section 106A.4.1.4.4 and Departmental guidelines and regulations, and making recommendations regarding the proposed development. These reports shall undergo review as deemed appropriate by the Building Official or by their designated staff. Such review shall involve an internal review by Departmental staff. The Building Official, in their discretion, may require third party peer review from a licensed geotechnical engineer. After third party peer review, the Building Official, in their discretion, may establish a Structural Advisory Committee, as defined by Building Code section 105A.6, to review the project. If there is a history of landslides in the vicinity of the project, the Building Official shall require third party peer review and establish a Structural Advisory Committee to review the project. For purposes of the preceding sentence, “vicinity” shall mean any property tangent to the subject project site that also appears on the current version of the California Department of Conservation’s Seismic Hazard Zone Map identified in section 106A.4.1.4.3. The Building Official’s or the Building Official’s designee’s decision(s) concerning the level of review for a particular project or activity shall: (1) be in writing, (2) identify Departmental staff involved in the decision, (3) be consistent with the criteria set forth in the Slope and Seismic Hazard Zone Protection Act and any Departmental guidance adopted under section 106A.4.1.6, and (4) describe the basis for the decision.

   (b)   All such project reviews required under section 106A.4.1.4.4(a) shall verify that appropriate geological and geotechnical issues have been considered and that appropriate slope instability mitigation strategies, including drainage plans if required, have been proposed. Review also shall consider any other factors relevant to mitigation slope instability, including, but not limited to, the ground slope, soil type at the project site, the geologic conditions, the history of landslides in the vicinity, the nature of the planned excavation and construction, the proximity and type of adjacent construction, and the effect that construction activity related to the proposed project will have on the safety and stability of the subject property and properties within the vicinity of such property.

   (c)   No permits as specified above for properties subject to the Slope and Seismic Hazard Zone Protection Act that involve review by the Structural Advisory Committee shall be issued unless and until the Building Official has consulted with and received a written communication from representatives of the Departments of Planning and Public Works, and the Fire Department, each of whom has made a visit to the site for which the project is proposed, and the Building Official has received a written report from the Structural Advisory Committee concerning the safety and integrity of the proposed design and construction. As part of its review, the Structural Advisory Committee shall make findings concerning the review criteria and analysis set forth in this section 106A.4.1.4.4 and Departmental guidelines and regulations regarding slope and seismic hazards.

106A.4.1.4.5 Mandatory denial by the Building Official. In the event that the Building Official establishes a Structural Advisory Committee and such Committee determines that there is a reasonable likelihood that the proposed design and construction would result in unsafe conditions or would increase the likelihood of hillside or slope instability, and such unsafe conditions or instability cannot be mitigated to the satisfaction of the Committee, the Building Official shall deny the permit. The Building Official’s decision to deny the permit is appealable only to the Board of Appeals.

106A.4.1.4.6 Regulations to implement the Slope and Seismic Hazard Zone Protection Act. The Building Official is hereby authorized to adopt rules, regulations, administrative bulletins, or other written guidelines to assist the Department in implementing this Section 106A .4.1.4, provided that any such guidance shall be in addition to the criteria set forth in section 106A .4.1.4.4 or elsewhere in this Act and shall not conflict with or diminish any of the permit review criteria in this Building Code. Such guidance may provide objective criteria to exempt certain projects and activities from discretionary third party peer or Structural Advisory Committee review where the soil at the project site is dune sand or Colma Formation and the project or activity presents circumstances that would not necessitate more extensive review.

106A.4.2 Retention of approved construction documents. One set of approved construction documents shall be provided to the party obtaining the permit. The owner shall be responsible for keeping these documents on the building site at all times and making them available for inspection and use by the inspector during such construction until final inspection has been made; failure to do so shall result in stoppage of work. The approved construction documents shall not be changed, modified or altered without authorization from the Building Official; all work shall be done in accordance with these documents.

   One set of approved construction documents for all building permits shall be retained by the Department in reproducible form as public records.

106A.4.3 Validity of permit. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other applicable laws and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

   The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of this code or other applicable laws and regulations.

106A.4.4 Permit expiration. Every permit issued by the Building Official under the provisions of this code, unless an extension of time has been specifically approved by the Building Official, shall expire by limitation and become null and void when the time allowed in Table B is reached, or when any of the following circumstances is applicable:

   1.   For Building Official-initiated code compliance permits, the work shall start within 30 days from the date of such permit.

   2.   If the building or work authorized is suspended or abandoned at any time after the work has started, for a period as follows:

      2.1.   Thirty days for Building Official-initiated code compliance permits.

      2.2.   One-hundred-eighty days for all other permits.

   3.   An extension of time from the stated periods may be permitted for good reason, provided such requests for an extension are submitted to the Building Official in writing prior to the end of the time period accompanied by payment of a fee. Unless approved by the Building Official, no more than one extension of time may be granted.

      3.1.   For all other permits, see Table B – Maximum Time Allowed to Complete All Work Authorized by Building Permit. The maximum time allowed for Building Official-initiated code compliance permits shall be 12 months for all permits exceeding $25,000 total valuation.

   4.   A demolition permit shall expire 180 days after issuance. Only one extension of time of 180 days shall be granted upon written request to the Building Official, accompanied by payment of a fee. If there is a permit for a replacement structure, the demolition permit shall expire concurrently with the permit for that replacement structure.

   5.   The Building Official may administratively authorize the processing of applications involving compliance actions initiated by the Department, in a manner other than set forth in this code, so as to effect said compliance most expeditiously; provided, however, that due process is assured all applicants. In this regard, the Building Official may reduce the time periods set forth in this section as they apply to a second application and permit required by the Building Official to effect full compliance with this code and other applicable laws and regulations if by doing so code compliance would be more expeditiously accomplished.

   EXCEPTION: In order to avoid repetitive filings and processing of applications to effect code compliance, the Building Official is hereby authorized to establish alternate procedures and extensions of time from cancellation pursuant to Section 106A .4.1 and from expiration pursuant to this section; provided, however, that the Building Official, in establishing alternate procedures and extension of time, shall proceed as expeditiously as possible toward abatement of the violations.

   When a permit is issued but delayed due to actions before the Board of Appeals or other City agencies, or cases in any court of competent jurisdiction, or is under review by a State or regional regulatory body, the time allowable shall be computed from the date of the final action of the agency or court of jurisdiction.

TABLE B – MAXIMUM TIME ALLOWED TO COMPLETE ALL WORK AUTHORIZED BY BUILDING PERMIT

 

Valuation	Time Allowed (1)	Extension Limitation
$1.00 to $100,000	360 days	360 days
$100,001 to $2,499,999	1,080 days	720 days
$2,500,000 and above	1,440 days	720 days

NOTES:

(1)   For site permits with a valuation of $2,500,000 or more, the time allowed to complete work authorized by the building permit may be increased by 50 percent. For site permits with a valuation less than $2,500,000, use Table B.

106A.4.4.1 Commencement of work on permit expired due to work not started. Before work can be commenced on an expired permit on which no work was performed, a new application shall be filed and a new permit shall be obtained. If not more than one year has elapsed since the expiration of the original permit, the applicant is eligible for reduced fee on the new permit. See Section 110A – Table 1A-B – Commencement of Work Not Started. All other applicable fees in Section 110A – Table 1A-A or any other table in this code, shall be collected in the full amount. To qualify for the reduced fees, the original approved plans and specifications in the possession of the owner shall be submitted with the new application, together with a notarized certification that there are no changes made on those plans and specifications.

   In the event a refund has been granted upon the request of the applicant prior to the commencement of the work, the provisions of this section shall not apply and a new permit shall be applied for and all fees will be required to be paid.

106A.4.4.2 Recommencement of work on permit expired due to work not completed. An alteration permit shall be secured for the work not completed. See Section 110A, Table 1A-F – Specialty Permit Fees – for applicable fee to defray cost of certifying site conditions. The permit fee shall be based upon the valuation of the uncompleted work. When the permit is for completing the work as shown on the original approved plans, no additional plan review fee shall be required.

106A.4.5 Suspension or revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of any of the provisions of this code.

   Any permit issued for which less than the correct permit and plan checking fees were paid shall be considered an invalid permit and shall be suspended until the complete bill of fees has been paid. Failure to pay the correct fees shall be sufficient grounds for denial of a temporary permit of occupancy or a permit of occupancy.

106A.4.6 Notice of permit issuance. Within 24 hours after the issuance of a building permit authorizing the types of work described below, notice of such issuance shall be given in the manner set forth below.

   1.   For permits to demolish or erect a building or structure, or to move a structure to a new site, the permittee shall obtain from the Department a sign containing the following information: permit number; filing date; address and phone number of the agency to contact for information regarding permit issuance; the date of permit issuance; address and phone of agency to contact to appeal issuance of permit; name, address and phone number of the permittee.

      For unreinforced masonry buildings, additional information shall be provided, as required by the Building Official.

      See Section 110A, Table 1A-L – Public Information – for applicable fee.

      The permittee shall cause the sign to be erected on the site of the property to which the application applies.

      Location of sign. The sign shall be clearly visible to passing motorists and passing pedestrians. In the case of moved buildings, the sign shall be posted at the site onto which the building is to be moved. The minimum dimensions shall be 30 inches by 30 inches (762 mm × 762 mm), unless the permit relates to a vacant site or a vacant building, in which case the Building Official may require a sign up to 8 feet (2.438 m) wide and 4 feet (1.219 m) high upon a determination that the larger sign will provide better public notice. If a larger sign is required, the permittee shall provide it, and it shall contain the information set forth above. The sign required herein shall be installed as follows: The bottom edge of the sign shall be at least 6 feet (1.829 m) above grade; the face of the sign shall be parallel to the main street frontage and shall be located 5 feet (1.524 m) or less from the street property line; the sign shall be attached to one or more posts substantially embedded into the ground in order to withstand wind or other load factors, or may be attached to an existing front building wall. The background color of the sign shall be white, and the color of the text shall be black; the letter size of the first line shall be a minimum of 8 inches (203.2 mm) high; the size and style of the text shall be such that the message is clear and legible from a distance of 10 feet (3.048 m) to a viewer with normal vision.

      Duration of sign posting. The permittee shall cause the sign to be erected within 24 hours after a permit is issued. The sign shall remain posted until either the conclusion of the hearing on the permit before the Board of Appeals or the time for filing such appeal has lapsed without an appeal being filed. Except for work performed pursuant to a Conditional Use authorization from the Planning Commission, work under a demolition permit shall not begin until 15 days after the date on which the permit is issued.

   2.   For a permit which would authorize a structural addition to an existing building, the Department shall mail written notice to the owners of properties immediately adjacent to the subject building as shown on the current tax roll. See Section 110A, Table 1A-L – Public Information – for applicable fee.

   3.   For a permit which would authorize the demolition or moving of a building or structure, written notice shall be mailed to the owners of properties within 300 feet (91.44 m) in every direction from the edge of the property on which the proposed demolition work will take place, or from which the building will be moved. Owners notified shall be as shown on the last annual tax roll. Notice to interested organizations or groups shall be made as provided in Section 106A.4 of this code.

   4.   For changes in occupancy per this code, notice shall be provided as specified in Section 6 of the San Francisco Business and Tax Regulations Code. See Section 110A, Table 1A-L – Public Information – for applicable fee.

   5.   For a permit that would authorize removal of a legal or illegal dwelling unit, as defined in the Housing Code, permittee shall post a sign at least 15 inches by 15 inches (381 mm x 381 mm) in a conspicuous common area of the building where the work will occur, with the following information: permit number; filing date; address and phone number of the agency to contact for information regarding permit issuance; the date of permit issuance; address and phone number of agency to contact to appeal issuance of permit; name, address and phone number of permittee. The sign shall also contain a list of tenant counseling or legal services that can provide assistance to tenants with understanding and participating in the City’s processes. The sign shall remain posted until either the conclusion of the hearing on the permit before the Board of Appeals or the time for filing such appeal has lapsed without an appeal being filed. Such notice shall also include contact information for translation services into Spanish, Chinese, and Russian.

      Revocation for noncompliance. The Building Official shall, after providing the permittee an opportunity to respond to any complaint of noncompliance, revoke any permit where the applicant has not substantially complied with the provisions of this section or Section 106A .3.2.3 requiring notice of permit application and issuance.

   The requirements contained in this code relating to notice are not intended to give any right to any person to challenge in any administrative or judicial proceeding any action for which notice is given if such person would not otherwise have the legal right to do so.

106A.4.7 Additional work, permit required. When an approved permit has been issued, a separate permit for alteration work shall be required for any change in work or additional work as set forth hereafter. The fees for such additional work shall be as set forth in Section 110A, fee tables, based on the difference in the valuation between the changed work and that of the original permit. The valuation shall be not less than $1. Situations which require a separate permit include the following:

   1.   Construction differing from the approved construction documents sufficiently to require revised plans or additional plans to be submitted to the Department for approval, including changes in partition layout that impact other code requirements, changes in framing directions, spans, and locations of concentrated loads, and changes in types of materials used. See Section 110A, Table 1A-F – Specialty Permit Fees – for the assessment for this type of additional work.

   2.   Changes proposed to any building or structure which alter the exterior dimensions more than 6 inches (152.4 mm) either in vertical or horizontal dimension, alter the visual appearance through changes in exterior wall materials or windows, change the number of residential dwelling units or decrease the amount of off-street parking provided.

   3.   Value of additional work or of changes exceeding 10 percent of the valuation of the approved permit work or $50,000 whichever is the lesser amount.

   4.   A change in occupancy or use, as defined in this code.

   5.   A change in the construction type of any portion of the building.

   6.   An unusual condition requiring a permit procedure to protect the interest of the public.

   A separate alteration permit shall not be required where the change or additional work is required by the Board of Appeals as a condition of approving an appealed permit; however, revised plans and plan review fees, including back check fees, shall be required for any such change or additional work. The Board of Appeals may require, as a condition of approval, that revised plans be submitted to the Board for review.

106A.4.8 Replacement of approved construction documents. When the permit holder’s set of approved construction documents is not available as required by Section 106A .4.2, a duplicate set of documents shall be submitted to the Department along with a notarized certification that such documents are identical to the approved construction documents except for notations by City agencies. The Department shall then copy such notations from its retained set to the duplicate set and shall stamp the duplicate set APPROVED.

   See Section 110A, Table 1A-L – Public Information – for applicable fee.

106A.4.9 Preapplication plan review or inspection. When a party wishes to discuss specific design issues or submit preliminary designs for review and comment by the Department prior to formal application for a permit, a request for preapplication plan review must be submitted in writing to the Building Official. See Section 110A , Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fees. Payment of the minimum fee must be submitted with the letter of request.

   In cases where on-site discussion with a field inspector is desired, the same request requirements apply. See Section 110A, Table 1A-G – Inspections, Surveys and Reports – for applicable fee.

106A.4.10 Review of mechanical plans. When an application for a permit contains a mechanical component (separate from or in addition to energy conservation design) sufficient in scope or complexity to require review by a mechanical specialist, a fee for this service shall be assessed and is payable before issuance of the permit. See Section 110A , Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fee.

106A.4.11 Review of electrical plans. When an application for a permit contains an electrical component (separate from or in addition to energy conservation design) sufficient in scope or complexity to require review by an electrical specialist, a fee for this service shall be assessed and is payable before issuance of the permit. See Section 110A , Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fee.

106A.4.12 Review of plumbing plans. When an application for a permit contains a plumbing component sufficient in scope or complexity to require review by a plumbing plan reviewer, a fee for this service shall be assessed and is payable before issuance of the permit. See Section 110A , Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fee.

106A.4.13 Premium plan review. At the request of the applicant and upon payment of an additional fee per Table 1A-B – Other Building Permit Application and Plan Review Fees, building permit applications shall be reviewed by the Department of Building Inspection within a guaranteed plan review time set by the Building Official. This building plan review time will be less than normal turnaround times and will be developed on a case-by-case basis depending on the scope of work and the quality of completeness of the submittal documents. At or before the due date of the guaranteed building plan review time, a thorough set of plan review comments and/or corrections will be sent to the applicant for response. Premium Plan Review does not guarantee plan review times during the recheck process, nor building permit approval and issuance. If the Department fails to complete its plan review within the guaranteed plan review time, the additional fee paid shall be refunded to the applicant upon written request by the applicant. This service is offered for plan review by the Department of Building Inspection only and does not commit any other City agencies or departments to the turnaround times.

106A.5 Awning Amnesty Program. The Department shall implement the amnesty program outlined in this Section 106A.5 to incentivize and expedite the legalization of Awnings, as defined and regulated in Section 1703 of the Building Code, that were installed without a building permit or for which the Department has no record of a building permit on file as of August 20, 2023. All property owners that have Awnings without a building permit on file are eligible for the amnesty program, including property owners with active Notices of Violation for installing or having an Awning without a building permit.

106A.5.1 Certification of Existing Installation: No New Construction, Repairs, or Corrective Work. The amnesty program shall provide a streamlined process to verify that an existing Awning complies with applicable provisions of the Building Code as well as Planning Code Section 187.3, and will result in a building permit authorizing the existing Awning. The amnesty program shall not authorize new construction or corrective work to bring an existing Awning into compliance. Any alterations, modifications, or construction required to bring the Awning into compliance with the Building Code will require a standard building permit and is not subject to the provisions of this Section 106A.5, except that the fees for any such permit shall be waived pursuant to Section 106A.5.2.

106A.5.2 Waiving of Fees. Notwithstanding any other provisions of the Building Code, the Department shall continue until July 1, 2025 to waive all fees for applications eligible for the amnesty program and for any permits required to repair or replace an Awning that the Department determined was not in compliance with the Building Code, including the application fee for plan review, permit issuance fee for inspections, and any enforcement fees, including inspection fees required under Section 107A.5 for work without a permit.

106A.5.3 Streamlined Application Process. The Department shall develop a streamlined application process to facilitate and expedite review of Awning permits during the amnesty program. The application shall require only information essential to determining whether an existing Awning complies with the applicable Building and Planning Code provisions, including the Planning Code’s amnesty program in Planning Code Section 187.3.

106A.5.4 No Relaxation of Building Standards. The amnesty program governs the certification of existing Awnings’ compliance with applicable Building Code provisions. Any Awning that is not in compliance with the Building Code will require a separate building permit to repair, replace, or remove the Awning.

(Added by Ord. 139-23, File No. 230447, App. 7/20/2023, Eff. 8/20/2023; Ord. 149-23, File No. 230745, App. 7/27/2023, Eff. 8/27/2023; Ord. 177-24, File No. 240474, App. 7/17/2024, Eff. 8/17/2024, Retro. 6/1/2024)