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The Board of Supervisors finds and declares that:
(a) Preservative-treated wood containing arsenic poses potential health risks to children in San Francisco who are potentially exposed to arsenic, a known human carcinogen, by playing on City wooden playground and park equipment. Studies conducted in California, Connecticut and Florida suggest that arsenic leaches from preservative-treated wood containing arsenic and can end up on children's hands and in their mouths.
(b) California Health and Safety Code Section 115775 requires that play structures constructed with preservative-treated wood containing arsenic be adequately sealed every two years.
(c) Preservative-treated wood containing arsenic poses potential human health and environmental risks through the release of arsenic during manufacture, installation, and disposal of wood.
(d) There are a variety of alternatives to preservative-treated wood containing arsenic compounds readily available throughout California.
(e) Preservative-treated wood is also used for saltwater immersion environments for structures such as pilings and piers, but until such time as a viable alternative is available, best management practices should be followed for these uses.
(f) Under this Chapter, the City and County of San Francisco wishes to exercise its power to make economic decisions involving its own funds as a participant in the marketplace and to conduct its own business as a municipal corporation to ensure that purchases and expenditures of public monies are made in a manner consistent with its policies.
(g) This Chapter applies the Precautionary Principle to the selection and maintenance of pressure treated wood used to build City structures such as buildings, decks, fences, and play equipment by banning the use of arsenic-containing wood preservatives and requiring protective sealing of existing structures.
(Added by Ord. 171-03, File No. 030422, App. 7/3/2003)
(Derivation Former Administrative Code Section 21G.1; added by Ord. 15-03, File No. 021791, App. 2/7/2003)