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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 20:
EXISTING BUILDINGS ENERGY PERFORMANCE
 
Title and Purpose.
Definitions.
Energy Performance Evaluation and Reporting Required.
Disclosure of Energy Performance Information.
Schedule for Compliance.
Confidentiality.
Municipal Facilities.
Implementation.
Exceptions.
Enforcement.
Undertaking for the General Welfare.
No Conflict with Federal or State Law.
 
SEC. 2000.  TITLE AND PURPOSE.
   (a)   This Chapter 20 may be referred to as the Existing Buildings Energy Performance Ordinance.
   (b)   To encourage efficient use of energy, this Chapter requires owners of nonresidential buildings in San Francisco to obtain energy efficiency audits, as well as requiring owners of nonresidential and multifamily residential buildings to annually measure and disclose energy performance. It also requires the Department of the Environment to collect summary statistics about the energy performance of nonresidential and multifamily residential buildings and make those statistics available to the public.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2001.  DEFINITIONS.
   For purposes of this Chapter 20, the following terms shall have the following meanings:
   “Annual Energy Benchmark Summary” means a report to the Department of Environment summarizing the annual energy performance of a whole building for purposes of verifying compliance with this chapter, tracking improvement, motivating improved energy performance, targeting incentives and resources, and enabling comparison to similar facilities.
   “Building” means a Nonresidential Building or a Residential Building, as these terms are defined in this Chapter 20.
   “Building Owner” means a person, as defined by California Public Resources Code Section 25116 or any successor legislation, possessing title to the building. For buildings owned or primarily occupied by City departments, the department or entity responsible for annual greenhouse gas emissions reporting for the building under Section 904 of this Code may act as the “building owner” for purposes of this Chapter.
   “Building Characteristics” means basic descriptive information and reasonable estimates of factors affecting energy use in the building, including but not limited to building type and space attributes as defined by the benchmarking tool(s).
   “Director” means the Director of the Department of the Environment, or his or her designee.
   “Energy” means electricity, natural gas, steam, heating oil, or other product sold by a utility to a customer of a nonresidential building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
   “Energy efficiency audit” means a systematic evaluation to identify modifications and improvements to building equipment and systems which utilize energy, meeting or exceeding the Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating, and Air-conditioning Engineers Inc. (ASHRAE), or similar comprehensive whole-building evaluation, as determined by the Director, or, in the case of municipal buildings, as determined by the General Manager of the Public Utilities Commission.
   “Energy Professional” means an individual qualified to perform energy efficiency audits required by this Chapter, as further detailed in Section 2002(c) of this Chapter.
   “ENERGY STAR® Portfolio Manager” means the US Environmental Protection Agency’s online tool for managing building data, used to create a US EPA Energy Performance Rating.
   “ENERGY STAR® Portfolio Manager Energy Performance Rating” means the US Environmental Protection Agency’s 1-to-100 building energy efficiency measurement, normalized for a building’s characteristics, operations, and weather, according to methods established by US EPA’s ENERGY STAR® Portfolio Manager.
   “Gross Floor Area” or “Area” means the total number of square feet measured between the principal exterior surfaces of enclosing fixed walls.
   “kBTU” means kilo (thousand) British thermal units, a common unit of energy measurement utilized to convert and combine other common energy measurements such as kilowatt hours of electricity, therms of natural gas, and pounds of steam.
   “Level I Audit” means a brief on-site survey of a building which identifies and provides cost analysis for low-cost and no-cost energy saving measures, and lists potential capital improvements, meeting the Level I standard of Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating, and Air-conditioning Engineers Inc. (ASHRAE)
   “Level II Audit” means a detailed on-site survey and energy analysis which identifies and provides savings and cost analysis of all practical measures and meets the Level II standard of Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating, and Air-conditioning Engineers Inc. (ASHRAE).
   “Net Present Value” means the value in today’s dollars of all future costs and benefits from an investment, after compensating for the effects of interest.
   “Nonresidential Building” means a facility composed of occupancy type(s) other than residential — including type A, B, E, I-1, I-2, I-3, M, R1, and S, as defined by California Building Code Title 24 Section 302 (2016) as amended — where a gross area of 10,000 square feet or more is heated or cooled in its interior.
   “Residential Building” means a facility composed of residential occupancy type(s) — including type R-2, R-2.1, R-3, R-3.1, and R-4 as defined by California Building Code Title 24 Section 302 (2016) as amended where a gross area of 50,000 square feet or more is heated or cooled in its interior.
   “Retro-Commissioning Measures” mean non-capital work such as repairs, maintenance, adjustments, changes to controls or related software, or operational improvements that optimize a building’s energy performance and that have been identified by a systematic process of investigating and analyzing the performance of a building’s equipment and systems that impact energy consumption.
   “Retrofit Measures” mean capital alterations of building systems involving the installation of energy efficiency technologies that reduce energy consumption and improve the efficiency of such systems.
   “Simple Payback” means the number of years it takes for the projected annual energy savings to pay back the amount invested in the energy efficiency measure, as determined by dividing the investment by the annual energy savings.
   “System” means a building assembly made up of various components that serve a specific function, including but not limited to exterior walls, windows, doors, roofs, ceilings, floors, lighting, piping, ductwork, insulation, HVAC system equipment or components, electrical appliances and plumbing appliances.
   “Tenant” means a person, as defined by California Public Resources Code 25116 or any successor legislation, who leases space in a building.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2002.  ENERGY PERFORMANCE EVALUATION AND REPORTING REQUIRED.
   (a)   Energy Efficiency Audits and Energy Efficiency Audit Reports. The owner of any Nonresidential Building with a gross area of 10,000 square feet or greater shall conduct a comprehensive energy efficiency audit for each such building. Energy efficiency audits shall comprehensively examine whole buildings, and must be completed on the schedule set forth in Section 2004, or as described in Section 2006, as applicable.
   (b)   Energy Efficiency Audit Standards. Energy efficiency audits required by this Chapter 20 shall meet or exceed the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE) Procedures for Commercial Building Energy Audits (2011), or shall comply with Section 2006, as applicable. Energy efficiency audits must be performed by, or under the supervision of, an energy professional as defined in subsections (c) and (d), below. The level of detail required in an energy efficiency audit shall be proportionate to the scale of the Nonresidential Building, such that:
      (1)   Nonresidential Buildings greater than 50,000 square feet in gross area shall receive a comprehensive audit of the whole building which meets or exceeds the Level II Audit standard or equivalent as determined by the Director.
      (2)   Nonresidential Buildings greater than 10,000 square feet and less than or equal to 49,999 square feet in gross area receive a walkthrough audit of the whole building which meets or exceeds the Level I audit standard, or equivalent as determined by the Director.
   (c)   Energy Efficiency Auditor Qualifications. An energy professional performing or supervising energy efficiency audits must be able to demonstrate possession in good standing of at least one of the following minimum qualifications:
      (1)   Licensed Engineer and one of the following:
         (A)   At least 2 years of experience performing energy efficiency audits or commissioning of existing buildings; or
         (B)   ASHRAE Commissioning Process Management Professional Certification; or
         (C)   Similar qualifications in energy efficiency analysis or commissioning.
      (2)   Association of Energy Engineers Certified Energy Manager (CEM), and at least 2 years of experience performing energy efficiency audits or commissioning of existing buildings;
      (3)   At least 10 years of experience as a building operating engineer, or at least 5 years of experience as a chief operating engineer and one of the following:
         (A)   BOC International Building Operator Certification; or
         (B)   International Union of Operating Engineers Certified Energy Specialist; or
      (4)   Equivalent professional qualifications to manage, maintain, or evaluate building systems, as well as specialized training in energy efficiency audits and maintenance of building systems, as determined by the Director and set forth on the Department of Environment website.
   (d)   Energy Efficiency Audit Report. The energy professional shall prepare, sign, and deliver to the owner of the Nonresidential Building a report of the energy efficiency audit which meets or exceeds the reporting standards set forth in ASHRAE Procedures for Commercial Building Energy Audits (2011 or later), or equivalent as determined by the Director pursuant to this Section 2002 or Section 2006, as applicable. The signed report shall be delivered to the owner of the Nonresidential Building. In the course of meeting the relevant ASHRAE standards for communication, the energy efficiency audit report shall include:
      (1)   The date(s) that the audit was performed;
      (2)   A list of all retro-commissioning and retrofit measures available to the owner;
      (3)   An estimate of the approximate energy savings, avoided energy cost, and costs to implement each measure; and
      (4)   One of the following:
         (A)   A list of all retro-commissioning and retrofit measures available to the owner with a simple payback of not more than 5 years; or
         (B)   A list of all retro-commissioning and retrofit measures available to the owner with a positive net present value; or
         (C)   An integrated package of retro-commissioning and retrofit measures that in combination will equal or exceed the total combined reduction in energy consumption of implementing all retrofit and retro-commissioning measures with a simple payback of not more than 5 years.
   (e)   Tracking and benchmarking energy performance. Building owners shall use “EPA ENERGY STAR® Portfolio Manager” to track the total energy use of each Nonresidential Building and obtain an ENERGY STAR® Portfolio Manager Energy Performance Rating for each applicable entire Nonresidential Building according to the schedule provided in Section 2004.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2003.  DISCLOSURE OF ENERGY PERFORMANCE INFORMATION.
   (a)   Annual Energy Benchmark Summary Reporting. The owner of every Building as defined in Section 2001 of this Chapter in the City shall annually file with the Department of the Environment an Annual Energy Benchmark Summary report (“AEBS”) for each Building using ENERGY STAR® Portfolio Manager and according to the schedule set forth in Section 2004. The AEBS shall be based on assessment in Portfolio Manager of the entire Building and related facilities, and must use 12 continuous months of data ending no earlier than two months prior to submittal to the Department of the Environment. Data required in the AEBS shall include, at a minimum:
      (1)   Descriptive Information. Basic descriptive information to track compliance with this Chapter 20, including but not limited to the Building address, the individual or entity responsible for the energy performance summary and energy efficiency audit, and similar information required by the Director for purposes of tracking and reporting compliance.
      (2)   Energy Benchmark Information.
         (A)   The ENERGY STAR® Portfolio Manager Energy Performance Rating for the Building, wherever applicable;
         (B)   The nonresidential building energy rating established by the State of California for the Building, if applicable;
         (C)   The weather-normalized energy use intensity per unit area per year (kBTU per square foot per year) for the Building;
         (D)   The energy use intensity per unit area per year (kBTU per square foot per year) for the Building;
         (E)   Energy consumption by fuel, including electricity, natural gas, and/or steam where applicable for the Building, on the same frequency as required by the California Energy Commission in Title 20 of the California Code of Regulations at Section 1683, or other applicable regulations, and specified on the Department of the Environment website;
         (F)   The annual carbon dioxide equivalent emissions due to energy use for the Building as estimated by ENERGY STAR® Portfolio Manager or other tools approved by the Director in a manner consistent with Department Climate Action Plan Reporting procedures;
         (G)   Similar metrics calculated by ENERGY STAR Portfolio Manager;
         (H)   Descriptive information required by Portfolio Manager to assess the property, such as facility gross square footage; and
         (I)   Additional data consistent with regulations adopted by the California State Energy Resources Conservation and Development Commission in implementation of California Public Resources Code 25402.10.
   (b)   Energy Efficiency Audit Reporting. The owner of every Nonresidential Building shall file a Confirmation of Energy Efficiency Audit for each Nonresidential Building with the Department of the Environment according to the schedule set forth in Section 2004 or Section 2006, as applicable. The Confirmation of Energy Efficiency Audit shall be limited to:
      (1)   Acknowledgement of the type of energy efficiency audit required for the Nonresidential Building.
      (2)   For the most recent energy efficiency audit meeting these requirements, a summary of:
         (A)   The date(s) that the audit was performed, along with affirmation by the energy professional and building owner that the audit meets the applicable standards;
         (B)   A list of all retro-commissioning and retrofit measures available to the owner with a simple payback of not more than 3 years, or with a beneficial net present value, or in an integrated package of measures;
         (C)   The sum of estimated costs, as well as the sum of estimated energy savings if the list of identified measures, and indication which measures at the option of the owner have been implemented; and
         (D)   An inventory of the significant energy-using systems and features of the Non-residential Building, utilizing the United States Department of Energy’s “Audit Template,” or equivalent as determined by the Director and set forth on the Department of the Environment website.
   (c)   Publication of Limited Summary Data. The Department of the Environment shall make available to the public, update at least annually, and report to the California Energy Commission for compliance with California Public Resources Code Section 25402.10, the following information:
      (1)   Summary statistics on energy use in Buildings in San Francisco derived from aggregation of Annual Energy Benchmark Summary reports, aggregation of Confirmation of Energy Efficiency Audits, and relevant additional aggregate data as available;
      (2)   Summary statistics on overall compliance with this Chapter 20;
      (3)   For each Building:
         (A)   The status of compliance with the requirements of this Chapter; and
         (B)   Annual summary statistics for the whole Building from the Annual Energy Benchmark Summary, including annual average energy use intensity, ENERGY STAR® Portfolio Manager Energy Performance Rating where available, California energy performance ratings if available, annual carbon dioxide emissions attributable to energy use in the Building, and additional data consistent with State regulations implementing California Public Resources Code 25402.10.
      (4)   For each Nonresidential Building:
         (A)   The minimum required ASHRAE level for an energy efficiency audit;
         (B)   The most recent date when an energy efficiency audit meeting the required ASHRAE level was completed;
   (d)   Tenant Notification. In order to engage Building occupants in efforts to save energy, Building owners must make the Annual Energy Benchmark Summary report available to all tenants occupying the Building.
   (e)   Individually-Metered Tenant Spaces. Where a unit or other space in a Building is occupied by a tenant and such unit or space is separately metered by a utility company, the owner of the Building shall acquire energy usage data for all meters in the Building solely for the purpose of benchmarking the energy performance of the Building as a whole, consistent with California Public Resources Code Section 25402.10. Nothing in this Chapter 20 shall require or in any way change the ability of a Building owner to report or disclose energy usage of individual tenants.
   (f)   Quality Assurance. To assist with the reliability and utility of Annual Energy Benchmark Summary and Confirmation of Energy Efficient Audit report data, as well as to verify good faith compliance with this Chapter 20, the Director shall have the authority to review relevant documents, including an ENERGY STAR® Statement of Energy Performance or equivalent, or Energy Efficiency Audit Report. The Director may promulgate regulations to require stamp and signature of such documents by an Engineer or Architect licensed to perform work in California. In the event an energy efficiency audit report or Statement of Energy Performance is found to have failed to meet the criteria in Section 2002(a) through (d), the Director may apply the administrative penalties specified in Section 2009, and the Building owner shall correct the errors and resubmit the energy efficiency audit report or Statement of Energy performance within 45 days of being notified by the Director of the insufficiencies of the original submission. Any energy-related information obtained in the course of Quality Assurance beyond items explicitly required to be made public in Section 2003(c) shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2004.  SCHEDULE FOR COMPLIANCE.
   (a)   Annual Energy Benchmark Summary Reports from Portfolio Manager.
      (1)   For a Nonresidential Building with gross area greater than or equal to 50,000 square feet, the owner must complete and submit the initial Annual Energy Benchmark Summary report on or before October 1, 2011, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2012 shall not be published, is exempt from Section 2003(c) and (d) of this Chapter 20, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
      (2)   For a Nonresidential Building with gross area greater than 25,000 square feet but less than or equal to 49,999 square feet, the owner must complete and submit the initial AEBS on or before April 1, 2012, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2013 for Nonresidential Buildings with gross area less than or equal to 50,000 square feet shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
      (3)   For a Nonresidential Building with gross area greater than 10,000 square feet but less than or equal to 24,999 square feet, the owner must complete and submit the initial AEBS on or before April 1, 2013, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2013 for Buildings with gross area less than or equal to 25,000 square feet shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
      (4)   For Residential Buildings with a gross area greater than 50,000 square feet, the owner must complete and submit the initial AEBS on or before July 1, 2019, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2020 for Residential Buildings shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
   (b)   Energy Efficiency Audits and Reporting.
      (1)   No later than 120 days after enactment of this Chapter 20, the Department of the Environment shall establish a schedule for energy efficiency audit reports for Nonresidential Buildings not covered by Section 2006, such that:
         (A)   To ensure sufficient energy auditing capacity, due dates for initial energy efficiency audits for all Nonresidential Buildings shall be staggered over a three year rolling deadline, starting no later than 12 months after the effective date of this Chapter, with subsequent energy efficiency audits and energy efficiency audit reports every five years thereafter.
         (B)   All Nonresidential Buildings required to undertake an energy efficiency audit shall be assigned a specific date when a completed energy efficiency audit is due.
         (C)   The Department of the Environment shall notify the owner of each Nonresidential Building of the requirements of this Chapter one year prior to the date an energy efficiency audit is required to be completed.
      (2)   The owners of Nonresidential Buildings in existence on the effective date of this Chapter may comply with the first assigned due date for an energy efficiency audit by submitting records of audits, retro-commissioning, and retrofits performed not more than 3 years prior to the effective date of this Chapter, provided that the entire building was evaluated and that the energy efficiency audit reports performed prior to the completion of rule-making are signed and dated by a Professional Engineer, Certified Energy Manager, Certified Energy Auditor, or person with similar professional credentials as determined by the Director. Such submittals shall include certification that all work associated with the audit (including but not limited to surveys, inspections, and analyses) was completed not more than 3 years prior to the effective date of this Chapter, and meets at least one of the following criteria:
         (A)   For Nonresidential Buildings greater than or equal to 50,000 square feet in gross area, energy efficiency audits performed prior to the completion of rule-making must meet the Level II audit standard.
         (B)   For Nonresidential Buildings 49,999 square feet in gross area or less, energy efficiency audits performed prior to the completion of rule-making must meet the Level I audit standard.
         (C)   An energy efficiency audit of the entire Nonresidential Building for work implemented under the San Francisco Energy Watch program.
         (D)   Other comprehensive energy efficiency audit of the entire Nonresidential Building, subject to approval by the Director.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2005.  CONFIDENTIALITY.
   (a)   Consistent with the provisions of this Section 2005 and to the extent permitted by law, the Department of the Environment shall maintain the confidentiality of any information submitted by building owners under this Chapter 20, where the owner has informed the Department in writing within 15 business days of the submittal of such information that the information is confidential business information of the owner or of a building tenant. Estimated costs and benefits for energy conservation measures identified in individual Buildings shall be presumed confidential, unless otherwise indicated in writing by the building owner or it can be demonstrated that the information is already available to the public.
   (b)   The owner shall not be required by this Chapter 20 to disclose to third parties or the public confidential business information of the owner or individual tenants. However, the following limited summary information is not to be considered confidential:
      (1)   Confirmation that the Building is in compliance with this Chapter 20;
      (2)   The minimum ASHRAE audit level required in an energy efficiency audit of the Nonresidential Building, and the most recent date when an energy efficiency audit meeting the relevant standard was completed;
      (3)   Basic information describing the scale and use of the Nonresidential Building, and the major energy-consuming components of the building as collected via the U.S. Department of Energy Asset Score Audit Template or equivalent; and
      (4)   Aggregate annual summary statistics for a whole Building, including annual average energy use intensity, ENERGY STAR® Portfolio Manager Energy Performance Ratings, California energy performance ratings, annual carbon dioxide emissions attributable to energy use in the building, and additional data consistent with State regulations implementing California Public Resources Code Section 25402.10.
   (c)   If a building owner believes that any information required to be reported or disclosed by this Chapter 20 includes confidential business information, the owner shall provide the information to the Director and shall notify the Director in writing of that belief, detailing the basis of the belief as to each specific item of information the person claims is confidential business information. For purposes of this Chapter, “confidential business information” shall have the same meaning as “trade secret” under California Civil Code Section 3426.1, as amended. The owner designating information as confidential business information shall also provide the Director with a name and street address for notification purposes and shall be responsible for updating such information. The Director shall not disclose any properly substantiated confidential business information which is so designated by an owner except as required by this Chapter or as otherwise permitted by law.
   (d)   Information designated as confidential may be disclosed to an officer or employee of the City and County of San Francisco, the City’s contractors or utilities, the State of California, or the United States for use in connection with the official duties of such officer or employee acting under authority of law, without liability on the part of the City.
   (e)   When the Director or other City official or employee receives a request for information that has been designated as, or which the City determines may be, confidential business information, the City shall notify the building owner of the request. The City may request further evidence or explanation from the owner as to why the information requested is confidential business information. If the City determines that the information does not constitute confidential business information, the City shall notify the owner of that conclusion and that the information will be released by a specified date in order to provide the owner the opportunity to obtain a court order prohibiting disclosure.
   (f)   In adopting this Chapter 20, the Board of Supervisors does not intend to authorize or require the disclosure to the public of any confidential business information protected under the laws of the State of California.
   (g)   This Section 2005 is not intended to empower a person or business to refuse to disclose any information, including but not limited to confidential business information, to the Director as required under this Chapter 20.
   (h)   Notwithstanding any other provision of this Chapter, any officer or employee of the City and County of San Francisco, or former officer or employee or contractor with the City or employee thereof, who by virtue of such employment or official position has obtained possession or has had access to information, the disclosure of which is prohibited by this Section 2005, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person or business not entitled to receive it, shall be guilty of a misdemeanor.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2006.  MUNICIPAL FACILITIES.
   (a)   The General Manager of the Public Utilities Commission (PUC) may elect to develop a compliance plan for municipally owned buildings greater than 10,000 square feet, on or before July 1, 2011. The goal of a compliance plan shall be to apply the results of energy audits and benchmarking to prioritize the implementation of energy efficiency upgrades in municipal buildings and to maximize energy savings. The compliance plan shall constitute the entirety of regulatory compliance with this Chapter for municipal buildings and shall include all of the following:
      (1)   Consultation with City Departments. The compliance plan shall be developed in consultation with relevant City departments including the Department of the Environment, the Department of Real Estate and the Capital Planning Committee established in Administrative Code Section 3.21, so as to leverage existing energy data collection processes;
      (2)   Benchmarking tools applicable to municipal building types. Benchmarking shall include, but is not limited to, information substantially equivalent to the Energy Benchmark Information in Section 2003(a)(2) as determined by the General Manager of the Public Utilities Commission. For the purpose of benchmarking municipally owned buildings greater than 10,000 square feet, each City department head or agency general manager shall provide to the General Manager of the Public Utilities Commission the data required by the compliance plan for all municipal buildings under the respective department or agency jurisdiction. Benchmarking municipal facilities shall be completed according to the compliance schedule in Section 2004(a);
      (3)   Energy audit protocols;
      (4)   Reporting protocols; and,
      (5)   A timeline for compliance with energy audit requirements.
   (b)   If a compliance plan for municipally owned buildings is not developed and implementation initiated pursuant to paragraph (a), each City department head or agency general manager shall be responsible for compliance with the provisions of this Chapter for all municipally owned buildings under the respective department or agency jurisdiction.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011)
SEC. 2007.  IMPLEMENTATION.
   (a)   The Director may adopt rules and regulations for the implementation of this Chapter, including rules for the electronic submittal of Annual Energy Benchmark Summary Reports and Confirmations of Energy Efficient Audits, as well as verification that the Department has received an Annual Energy Benchmark Summary or Confirmation of Energy Efficient Audit.
   (b)   The Director may modify or suspend the requirements of this Chapter if:
      (1)   The State of California or Federal government adopts a similar or more comprehensive building energy performance rating program, and such regulation requires comprehensive rating and/or public identification of existing building stock; or,
      (2)   The Director makes written finding to the Commission on the Environment that a technological deficiency in the evaluation tool or tools specified under this Chapter precludes compliance with this Chapter. The Director may lift all or part of such suspension upon the written finding that any such deficiency has been corrected.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011)
SEC. 2008.  EXCEPTIONS.
   (a)   Energy Efficiency Audit. No energy efficiency audit is required if any one of the following exceptions apply:
      (1)   New Construction. The Nonresidential Building was newly constructed less than five years prior to the date an energy performance summary is due;
      (2)   Regular ENERGY STAR®. The Nonresidential Building has received the EPA ENERGY STAR® label from the US.1 Environmental Protection Agency for at least three of the five years preceding the filing of the building’s energy performance summary; or,
      (3)   LEED Existing Buildings Operations and Maintenance. The Nonresidential Building has been certified under the Leadership in Energy and Environmental Design (LEED) rating system for Existing Buildings Operation and Maintenance published by the United States Green Building Council or other rating system for whole existing buildings as determined by the Department of the Environment, within five years prior to the date the building’s energy performance summary would otherwise be due.
      (4)   Financial Distress. Owners of financially distressed buildings may apply for extensions of not more than one year in each instance for completion of an Energy Efficiency Audit and submittal of Confirmation of Energy Efficiency Audit, and for not more than one year in each instance for submittal of an Energy Benchmark Summary. Buildings in financial distress at the time an Energy Efficiency Audit or Energy Benchmark Summary are due include:
         (A)   Properties qualified for sale at public auction by the Treasurer and Tax Collector due to arrears of property taxes that resulted in the property’s qualification for sale at public auction or acquisition by a public agency within two years prior to the due date of an energy efficiency audit report;
         (B)   Buildings where a court appointed receiver is in control of the asset due to financial distress;
         (C)   Buildings owned by a financial institution through default by the borrower;
         (D)   Buildings acquired by a deed in lieu of foreclosure; and
         (E)   Buildings where the senior mortgage is subject to a notice of default.
      (5)   Three or More Buildings Under Common Ownership. Where the same person or entity owns three or more buildings subject to this Chapter, and the Energy Efficiency Audit due dates for more than one-third of those buildings fall within a single twelve-month period, the building owner may apply to the Director for, and shall be granted, an extension, not to exceed one year, of the due dates for the Energy Efficiency Audits and Confirmations of Energy Efficiency Audits for up to two-thirds of the buildings under common ownership. The application shall specify which buildings are to be covered by the extension.
   (b)   Confirmation of Energy Efficiency Audit. Where an energy efficiency audit is not required due to one of the exceptions in Section 2008(a), the Confirmation of Energy Efficiency Audit shall be filed, shall include reference to the exception that applies, and shall include a copy of relevant documentation for verification by the Department of Environment:
      (1)   Date of New Construction may be verified using a copy of the Certificate of Occupancy issued by the Department of Building Inspection.
      (2)   ENERGY STAR® label may be verified using a report from Portfolio Manager signed by the professional engineer, or confirmation of listings on the US Environmental Protection Agency list of ENERGY STAR labeled buildings.
      (3)   LEED for Existing Buildings Operation and Maintenance certification may be verified using a copy of the relevant certificate or confirmation of listing on the Green Building Certification Institute’s LEED Certified Projects List; and
      (4)   Financial distress may be verified using a record of sale at public auction or an affidavit from the Treasurer Tax Collector.
      (5)   Exceptions under subsection (a)(5) may be verified using a copy of the extension granted by the Director.
   (c)   Annual Energy Benchmark Summary. Exceptions to energy efficiency audit requirements do not affect the date when an AEBS report is due. However, benchmarking with Energy Star Portfolio Manager is not required under the following conditions:
      (1)   New Buildings. New buildings may receive an extension to the date of submittal of an initial Annual Energy Benchmark Summary report of not less than 24 months from the date that a Certificate of Occupancy is issued by the Department of Building Inspection, or the applicable deadline in the Department of the Environment compliance schedule, whichever is greater. AEBS reports shall be due annually thereafter.
      (2)   Unoccupied Buildings. Benchmarking with Energy Star Portfolio Manager is not required if the building had less than one full-time equivalent occupant for the twelve-month period preceding the due date of an Annual Energy Benchmark Summary.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011; amended by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
CODIFICATION NOTE
1.   So in Ord. 74-19.
SEC. 2009.  ENFORCEMENT.
   (a)   Written Warning of Violation. The Director shall issue a written warning to any building owner he or she determines is violating any provision of this Chapter. In the event a building owner fails to file an AEBS report for 30 days or more after the relevant deadline, the Director shall indicate that building's compliance status via the publicly accessible electronic reporting interface. If 45 days after issuing a written warning of violation from the Director, the Director finds that building owner continues to violate any provisions of this Chapter, the Director may impose administrative fines as provided in this Section.
   (b)   Administrative Fines. Violations of the provisions of this Chapter, or of any regulations issued by the Director pursuant to Section 2007, may be punished by administrative fines as follows:
      (1)   For buildings of 50,000 square feet and greater, up to $100.00 per day for a maximum of 25 days in one twelve-month period for each building in violation.
      (2)   For buildings of 49,999 square feet or less, up to $50.00 per day for a maximum of 25 days in one twelve-month period for each building in violation.
      Except as to the amount of administrative fines, set forth above, Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as may be amended from time to time, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued by the Department of the Environment to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter.
   (c)   Use of Proceeds. Administrative fine collected under subsection (b) shall be used to fund implementation and enforcement of this Chapter.
   (d)   This Section shall not apply to the City or to any municipally owned buildings.
(Added by Ord. 17-11, File No. 101105, App. 2/18/2011)
SEC. 2010.  UNDERTAKING FOR THE GENERAL WELFARE.
   In enacting and implementing this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)
SEC. 2011.  NO CONFLICT WITH FEDERAL OR STATE LAW.
   Nothing in this ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(Added by Ord. 74-19, File No. 190142, App. 4/26/2019, Eff. 5/27/2019)