Findings and Purpose. | |
Definitions. | |
Municipal Green Building Task Force. | |
Duties of the Department of the Environment. | |
Duties of City Departments. | |
LEED Certification Requirements for Municipal Construction Projects. | |
Locally-Required Measures for Municipal Construction Projects. | |
Collection, Storage and Loading of Recyclable and Compostable Materials. | |
Construction and Demolition Debris Management. | |
Water Conservation Retrofit Requirements. | |
Indoor Environmental Quality. | |
Report to the Board of Supervisors. | |
Preemption. |
Editor's Note:
The title of this chapter (formerly "Resource Efficiency Requirements") was changed upon the incorporation of the extensive amendments made to the chapter by Ord. 204-11, at the discretion of the codifier and upon consultation with the office of the City Attorney.
The title of this chapter (formerly "Resource Efficiency Requirements") was changed upon the incorporation of the extensive amendments made to the chapter by Ord. 204-11, at the discretion of the codifier and upon consultation with the office of the City Attorney.
The Board of Supervisors finds that:
1. Buildings are one of the distinguishing elements of human civilization. Traditional building design and construction practices have significant negative environmental impacts. In the United States, buildings consume 48% of all energy, 76% of all electricity, and generate 38% of all carbon (CO2) emissions. In San Francisco, buildings consume 54% of all energy, 80% of all electricity, and generate 56% of all carbon emissions. Advanced green buildings can generate their own energy, minimize carbon emissions, produce and process their own water, emphasize reuse of buildings and materials, and provide healthy interior environments.
2. The selection of sustainable design features and building materials is consistent with the City’s Precautionary Principle Policy. This policy requires that the City consider a full range of alternatives in order to select products and procedures that minimize harm and maximize the protection of public health and natural resources.
3. The United States Green Building Council (USGBC) is a non-profit organization committed to a prosperous and sustainable future for our nation through cost-efficient and energy-saving green buildings. LEED® is an internationally-recognized green building certification system, developed by the USGBC.
4. Green buildings provide financial benefits while protecting human and environmental health. Total construction costs for buildings seeking LEED certification fall into the existing range of costs for buildings not seeking LEED certification. Green buildings, on average, result in savings of 20% of total construction costs over the first 20 years of operation.
5. The California Energy Commission has established a goal that all new commercial construction in California will be Zero Net Energy by 2030, and 50% of existing commercial buildings will be retrofit to Zero Net Energy by 2030.
The following terms shall have the meanings set forth below.
“All-Electric” means the described system, Building, or project uses a permanent supply of electricity as the source of energy for all space conditioning (including heating and cooling), water heating (including pools and spas), cooking appliances, and clothes drying appliances. An All-Electric system, Building or project may include solar thermal collectors, but installs no natural gas or propane plumbing or equipment in or in connection with a Building, or within property lines of the premises, extending from the point of delivery at the gas meter.
“Alternative Daily Cover” or ‘’ADC” means materials, other than soil, that have been approved by the California Department of Resources Recycling and Recovery (“CalRecycle”) or a successor agency for use as a temporary overlay on an exposed landfill face. Material used as Alternative Daily Cover, including Green Material, does not qualify as material diverted from landfill.
“Beneficial reuse” means the reuse of material at a landfill that does not include ADC but shall include, but not be limited to, use of the material for or as the following: alternative intermediate cover; final cover foundation layer; liner operations layer; leachate and landfill gas collection system; construction fill; road base; wet weather operations pads and access roads; and, soil amendments for erosion control and landscaping. “Beneficial reuse” does not include disposal of material at a landfill.
“BioMass Energy Generation” means the controlled combustion, when separated from other solid waste and used for producing electricity or heat, of wood, wood chips, wood waste, and tree and brush prunings. “BioMass Energy Generation” does not include the controlled combustion of recyclable pulp or recyclable paper materials, or medical or hazardous waste.
“Building” means:
(1) Any structure used for support or shelter of any use or occupancy. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner and permanently attached to the ground.
(2) “Building” includes office buildings, libraries, recreation centers, museums, airport buildings, public safety buildings, hospitals, clinics, education centers, transportation facilities, cruise ship terminals, marina buildings, convention facilities, and other structures.
(3) “Building” does not include any construction installation that is not part of a building, or any tunnel, roadway, or bridge, or any vehicle or mobile equipment. “Building” also does not include a structure, facility, or type of infrastructure that primarily provides for the collection, storage, treatment, delivery, distribution, and/or transmission of water, wastewater, and/or power utilities.
“CALGreen” means the California Green Building Standards Code (Cal. Code of Regs. Title 24, Part 11) as adopted by San Francisco Green Building Code.
“City department” means any department of the City and County of San Francisco. City department does not include any other local agency or any federal or State agency, including but not limited to, the San Francisco Unified School District, the San Francisco Community College District, the Office of Community Investment and Infrastructure or the San Francisco Housing Authority.
“City-owned Facility” means any Building owned by the City and County of San Francisco. “City-owned Facility” includes City-owned Buildings or portions thereof that the City leases to non-City entities.
“City Leasehold” means a Building or portion thereof owned by others where the City is a tenant.
“City Representative” means the employee of the City who oversees the construction and/or demolition process for a municipal construction and/or demolition project and is responsible for ensuring that the contractor complies with all aspects of the contract documents.
“Commission” means the Commission on the Environment.
“Commissioning Process” means an independent process to ensure the attainment of quality facilities pursuant to this Chapter. The commissioning process verifies and documents that the energy using systems in buildings are installed, tested, and operate as designed.
“Construction and Demolition Debris” or “C & D Debris” means building materials and solid waste generated from construction and demolition activities, including, but not limited to: fully-cured asphalt; concrete; brick; lumber; gypsum wallboard; cardboard and other associated packaging; roofing material; ceramic tile; carpeting; fixtures; plastic pipe; and metals. “Construction and Demolition Debris” does not include refuse regulated under the 1932 Refuse Collection and Disposal Ordinance or sections of the Municipal Code that implement the provisions of that ordinance, or materials excavated from the public right-of-way. “Construction and Demolition Debris” does not include “hazardous waste,” as defined in California Health and Safety Code Sections 25100 et seq.
“Contractor” means the company or person to whom the City awards a contract for a municipal construction and/or demolition project. The contractor is responsible for complying with all aspects of Section 708 of this Chapter and for ensuring that all subcontractors, lower-tier subcontractors and suppliers also comply.
“Deconstruction” means the process of taking apart a structure with the primary goal of preserving the value of all useful building materials, so that they may be reused or recycled.
“Demolition Project” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement, building, wall or fence, whether in whole or in part and whether interior or exterior.
“Department” means the Department of the Environment.
“Design Phases” means the generally-accepted stages of architectural design: conceptual design, schematic design, design development and construction documents.
“Design Development Phase” means the transitional phase of architectural design in which the design moves from the schematic phase to the construction document phase, in which the architect prepares drawings and other presentation documents to crystallize the design concept and describe it in terms of architectural, electrical, mechanical, and structural systems. In addition, the architect also prepares a statement of the probable project cost. This phase is often charted in percentages of completion leading up to the permit drawings. Such percentages refer to the level of details the plans have achieved and benchmarks established in the cost estimation process.
“Director” means the Director of the Department of the Environment or his or her designee.
“Disposal” means final deposition of material at a legally operating permitted landfill that does not include beneficial reuse or at a permitted transformation facility. A legally operating, permitted landfill includes Class III landfills and inert fills. Disposal of inert materials at inert fills or inert backfill sites does not constitute recycling.
“Diversion” means use of material for any purpose other than disposal in a landfill or transformation facility, such as source reduction, reuse, recycling, and composting activities that do not result in material being disposed at permitted landfills and transformation facilities.
“Diversion Rate” means the percentage of total material that is diverted from disposal at permitted landfills and transformation facilities through processes such as source reduction, reuse, recycling, and composting.
“Green Business Certification Inc.” or “GBCI” is the body providing independent third-party LEED certification and professional credentials recognizing excellence in green building performance and practice.
“Green Material” means any plant material that is either separated at the point of generation or separated at a centralized facility that employs methods to minimize contamination of waste streams. Green Material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green Material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from food processing facilities, alone or blended with soil.
“Hazardous Material” means any material defined as hazardous in California Health and Safety Code Sections 25100 et seq., as amended and 25500 et seq., as amended.
“Indoor Air Quality” or “IAQ” means the quality of air inside buildings, especially as it relates to the health and comfort of building occupants. Factors such as gases (including carbon dioxide, carbon monoxide, radon, formaldehyde, volatile organic compounds), particulates, and microbial contaminants (mold, bacteria) that cause adverse health conditions can affect IAQ.
“Indoor Environmental Quality” means the overall state of conditions within a building that affect its occupants, including air quality, lighting, acoustics, thermal conditions, daylight, views, ergonomics, and controllability of lighting and thermal systems.
“Landfill” means a facility that (a) accepts for disposal in or on land non-hazardous waste such as household, commercial, and industrial waste, and waste generated during construction, remodeling, repair and demolition operations, and (b) has a valid current solid waste facilities permit from the California Department of Resources Recycling and Recover (CalRecycle).
“Land-disturbing activity” means any movement of earth or a change in the existing soil cover or existing topography that may result in soil erosion from wind, or water, and the movement of sediments into or upon waters, lands, or public rights-of-way within the City and County of San Francisco, including, but not limited to building demolition, clearing, grading, grubbing, filling, stockpiling, excavating and transporting of land.
“Leadership in Energy and Environmental Design” or “LEED®” is an internationally recognized green building certification system developed by the USGBC, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the following metrics: energy savings; water efficiency; CO2 emissions reduction; improved indoor environmental quality; and, stewardship of resources and sensitivity to their impacts. LEED provides building owners and operators with a concise framework for identifying an implementing practical and measurable green building design, construction, operations, and maintenance solutions. LEED certified buildings are rated on a scale from lowest to highest: LEED Certified, LEED Silver, LEED Gold and LEED Platinum. Wherever specific LEED prerequisites or credits are cited, such references are to LEED version 4 (“v4”). More recent LEED versions may be used, provided the credits and points achieved are at least as stringent as LEED v4.
“LEED Accredited Professional with specialty” or “LEED AP with specialty” means an employee of a City department or a consultant retained by the City through a design or construction contract or other agreement who has passed the LEED AP with specialty accredita-tion exam issued by GBCI and maintained this credential through continuing education.
“LEED Online” is a web-based platform provided by USGBC for LEED project registration, team collaboration, document management, project progress monitoring, and access to forms, reviewer comments and certification credit language.
“LEED Project Administrator” means the individual member of the design team who registers a project with GBCI, and subsequently administers the LEED documentation and certification process for the project. For San Francisco municipal construction projects, the LEED Project Administrator shall be a LEED AP with specialty.
“LEED Scorecard” means a summary chart indicating all LEED prerequisites and credits being pursued and reasonably expected to be achieved for a municipal construction project.
“Major Renovation” means any unicipal1
Municipal Construction Project or renovation to an existing structure other than repair or addition. A Major Renovation may include, but is not limited to, a change in occupancy or use, or structural repair to an existing Building or facility; or remodeling, rehabilitation, reconstruction, historic restoration, or changes to the plan configuration of wall and full-height partitions, where the scope of work is sufficient to support LEED certification and extensive enough such that normal building operations cannot be performed while the work is in progress, and/or a new certificate of occupancy, or similar official indication that it is fit and ready for use, is required. Major Renovation does not encompass normal maintenance, reroofing, floor covering, painting, wallpapering, or changes to mechanical and electrical systems.
“Minimum Program Requirements” or “MPR” means the minimum requirements necessary for projects to become LEED certified, as determined by the USGBC.
“Mixed Construction & Demolition debris” or “Mixed C & D Debris” means “Construction and Demolition Debris” or “C&D Debris,” but excluding materials source-separated for reuse or recycling.
“Municipal Construction Project” includes any planning, design, building, or construction activity, including demolition, New Construction, Major Renovation, or building additions performed either by a City department at a Building, City-owned Facility, or City Leasehold, or by tenants at a City-owned Building or Facility.
“Natural Gas” shall have the same meaning as “Fuel Gas” as defined in the California Plumbing Code and Mechanical Code, as amended from time to time.
“New Construction” means construction from the ground up, including a new building envelope, and new structural, mechanical, electrical and plumbing systems.
“Person” means a natural person, a firm, joint stock company, business concern, association, partnership or corporation or, to the extent permitted by law, governmental entity, including the City and County of San Francisco and its departments, boards and commissions for projects within the nine counties surrounding the San Francisco Bay, and its or their successors or assigns.
“Recover” or “Recovery” means any activity, including source reduction, deconstruction and salvaging, reuse, recycling and composting, which causes materials to be recovered for use as a resource and diverted from disposal.
“Recycle” or “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recycling” does not include “transformation,” as defined in Section 40201 of California Public Resources Code.
“Recycling Facility” means an operation or person that collects and processes materials for recycling.
“Registered Facility” means a facility that accepts mixed construction and demolition debris for processing and recycling and holds a valid registration issued by the City and County of San Francisco pursuant to Chapter 14 of the Environment Code.
“Registered Transporter” means a person who removes mixed construction and/or demolition (C&D) debris from a construction and/or demolition site, using a vehicle with more than two axles or two tires per axle (such as a large pickup truck with four tires on the rear axle or three-axle dump trucks), and hauling at least one (1) cubic yard of mixed construction and demolition debris. A “Registered Transporter” must hold a valid registration from the City and County of San Francisco and is obligated to take all mixed C&D material only to a Registered Facility.
“Reuse” means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.
“Source Reduction” means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce waste tonnage generated, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials.
“Source-Separated Materials” means materials that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of reuse, recycling or composting in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
“Tenant Improvements” are municipal construction projects that involve changing the interiors of commercial, institutional, or industrial properties and are undertaken by the City and/or tenants to accommodate the needs of tenants. They include floor and wall coverings, ceilings, partitions, lighting, heating, ventilation, air conditioning, fire protection, and security, where the scope of work is sufficient to support LEED certification. Normal maintenance, reroofing, floor covering, painting or wallpapering, or changes to mechanical and electrical systems are not Tenant Improvements unless they are so extensive that normal building operations cannot continue while the work is in progress, and/or a new certificate of occupancy, or similar official indication that the building is fit and ready for use, is required.
The “United States Green Building Council” or “USGBC” is a non-profit organization committed to a prosperous and sustainable future for our nation through cost-efficient and energy-saving green buildings.
“Waiver Request” means a waiver request made by a City department in accordance with Section 713.
“Whole Building Major Renovation Project” means a major renovation that includes replacement of the building heating, ventilation and air conditioning (HVAC) system. A Whole Building Major Renovation Project may, in addition to the aforementioned replacement, involve replacing electrical distribution, lighting, fire protection, plumbing, and security systems, as well as changes to a building envelope such as window replacements or exterior wall insulation.
“Zero Net Energy (ZNE) Building” means a building where the amount of energy produced by on-site renewable energy resources is equal to the amount of the energy consumed annually by the building.
(Added and former Sec. 701 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 8-20, File No. 190972, App. 2/7/2020, Eff. 3/9/2020, Retro. 1/1/2020)
CODIFICATION NOTE
(a) Establishment and Purpose. The Board of Supervisors establishes the Municipal Green Building Task Force (the “Task Force”) to oversee and assist in enhancing the environmental performance of City construction projects pursuant to this Chapter. The Task Force shall review municipal construction projects subject to this Chapter during their design and construction to ensure that the responsible City departments are complying with the requirements of the Chapter, and may advise the Department of the Environment on matters of policy related to this Chapter. The Task Force shall facilitate interdepartmental communication and cooperation, and act as an educational forum to increase green building knowledge and share project-related successes and lessons learned. The Task Force shall hear Waiver Requests from City departments and make recommendations to the Director (or to the Executive Director of the Port of San Francisco for projects located on property owned or managed by the Port of San Francisco) with respect to such requests.
(b) The Task Force will consist of one member of the public appointed by the Mayor, and a representative with building design, construction and/or finance experience from each of the following City departments and divisions, or their successor agencies:
(1) Department of the Environment;
(2) Building Design and Construction Division within San Francisco Public Works;
(3) Design and Engineering Division within San Francisco Public Works;
(4) Landscape Architecture Division within San Francisco Public Works;
(5) San Francisco Public Works Buildings – Project Management;
(6) Power Enterprise within San Francisco Public Utilities Commission;
(7) Water Enterprise within San Francisco Public Utilities Commission;
(8) Wastewater Enterprise within San Francisco Public Utilities Commission;
(9) Infrastructure within San Francisco Public Utilities Commission;
(10) Project Management Division within Recreation and Parks Department;
(11) Capital Programs and Construction Division within San Francisco Municipal Transportation Agency;
(12) Capital Planning Program within Office of City Administrator;
(13) Department of Building Inspection;
(14) Citywide Planning Division within Planning Department;
(15) Port of San Francisco;
(16) San Francisco International Airport;
(17) Facilities Division within San Francisco Public Library;
(18) Fire Department;
(19) Department of Public Health; and,
(20) Real Estate Division within Department of Administrative Services.
(c) The Task Force shall adopt bylaws to govern its operations. At least half the Task Force members and the public member shall hold the credential of LEED Accredited Professional with specialty.
(d) The Municipal Green Building Coordinator from Department of the Environment shall be a permanent member and act as chair of the Task Force.
(e) Beginning on the effective date of the ordinance adding this subsection (e) to Section 702, the public member of the Task Force appointed by the Mayor shall serve for a three-year term. No person may serve as the public member of the Task Force for more than two consecutive terms.
(a) General Duties Under this Chapter. The Department of the Environment shall:
(1) Develop goals, criteria, and strategies for optimizing municipal green building design, construction and operations and make policy recommendations regarding requirements for municipal construction projects to the Board of Supervisors;
(2) Develop and oversee a training program in green building practices, including design, construction, renovation, operation and reuse of buildings for City department heads and architects, engineers, construction managers, building managers, department managers and finance officers employed by the City in order to implement the policies adopted by the Board of Supervisors;
(3) Chair the Task Force and coordinate City departments having responsibility for compliance with the requirements of this Chapter. The Task Force shall assist the Director in providing green building advice, assistance, outreach, and education to City departments;
(4) Provide technical project oversight and assistance directly to City project teams or through green building technical assistance contracts; and
(5) Develop forms and materials necessary for compliance with this Chapter.
(b) Guidance, Rules and Regulations. After a public hearing, the Director may promulgate such guidance, forms, performance procedures, rules and regulations as may be necessary or appropriate from time to time to carry out the provisions of this Chapter, including the adoption of forms necessary to implement this Chapter. The Director is authorized to call upon the Task Force and other City departments as necessary and appropriate to assist in developing such guidance, forms, performance procedures, rules and regulations. Such guidance, forms, performance procedures, rules and regulations may include adopting appropriate versions of LEED and adopting or modifying locally-required measures for municipal construction projects, as provided in Section 706.
(c) The Director shall determine the costs of implementing this Chapter and shall request that relevant City departments provide work orders to the Department to cover the costs of implementing and maintaining the programs required by this Chapter.
(a) Each City department, board and commission subject to this Chapter shall administer its municipal construction projects in accordance with the Chapter.
(b) Each City department, board and commission subject to this Chapter shall cooperate with, and provide in writing to the Department all information necessary for the Department to carry out its duties under this Chapter.
(c) Each City department with a municipal construction project registering for LEED certification shall provide LEED Online project access to the Department.
(d) Upon request, each City department subject to this Chapter shall provide project reports and presentations to the Task Force.
(e) Each City department as designated in Section 702 shall designate an employee to represent the interest of that City department on the Task Force for municipal construction projects and green building communications.
(f) Each City department shall assist the Director in providing advice, assistance, outreach and education to other City departments concerning municipal green building practices.
(g) Appropriate City department personnel shall attend green building related training offered by the Department.
(h) The San Francisco Public Utilities Commission may provide energy- or water-related technical project design review assistance directly to City project teams or through technical assistance contracts.
(Former Sec. 704 added and previous Sec. 704 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
Except as otherwise provided by the City’s Charter,
(a) In addition to complying with this Chapter (except that municipal construction projects located on property owned or managed by the Port of San Francisco will not be subject to Sections 705 and 706 of this Chapter), municipal construction projects are subject to the applicable building codes in effect at the time of permit application. Municipal construction projects located within the City and County of San Francisco shall comply with the requirements of the San Francisco Green Building Code, except that municipal construction projects located on property owned or managed by the Port of San Francisco shall comply with the Port of San Francisco Green Building Standards Code, and municipal construction projects located at the San Francisco International Airport, which shall comply with this Chapter and the California Building Standards Code (CCR Title 24). All other municipal construction projects located outside the City and County of San Francisco shall comply with this Chapter and the local building code promulgated by the authority having jurisdiction.
(b) As described in this Chapter, the LEED rating system shall be used to certify the environmental design of the City’s municipal construction projects. The minimum requirement for municipal construction projects of 10,000 gross square feet or more shall be LEED Gold certification by GBCI.
(c) Municipal construction projects shall demonstrate compliance with locally-required measures as provided in Section 706 of this Chapter.
(d) Operative Date. This section shall apply to any municipal construction project otherwise subject to the provisions of this Chapter 7 where LEED project registration takes place on or after November 1, 2016.
(e) Municipal construction projects Less Than 10,000 Gross Square Feet. For municipal construction projects less than 10,000 gross square feet and for municipal construction projects of any size not meeting the Minimum Program Requirements to be eligible for LEED certification, the sponsoring City department, in consultation with a LEED AP with specialty, shall prepare and submit a conceptual design phase LEED Scorecard to the Department for informational and reporting purposes. The conceptual design phase LEED Scorecard shall demonstrate the maximum LEED credits that are practicable for the project. The sponsoring City department shall pursue these LEED credits throughout the design and construction process. The sponsoring City department, in consultation with a LEED AP with specialty, shall prepare and submit a final as-built LEED Scorecard to the Department indicating all LEED credits that would be achieved if the project had been certified. Documentation of LEED credits is not required for these projects. Municipal construction projects less than 10,000 gross square feet are subject to all applicable local ordinances and requirements, including but not limited to, Construction and Demolition Debris Management, Recycling by Occupants, Construction Site Runoff Pollution Prevention, Stormwater Control, and Water Efficient Irrigation, as well as the requirements of the California Green Building Standards Code (CCR Title 24, Part 11).
(f) Municipal construction projects of 10,000 Gross Square Feet or More. For municipal construction projects with square footage of 10,000 gross square feet or more the following applies:
(1) Conceptual Design Phase. During the conceptual design phase, the sponsoring City department shall assemble a design team, which shall include a LEED AP with specialty assigned to be the LEED Project Administrator. The LEED Project Administrator shall prepare and submit a conceptual phase LEED Scorecard to the Department for review by the Task Force. The conceptual phase LEED Scorecard shall demonstrate a LEED v4 Gold rating or higher, including all locally- required measures. The Task Force shall review and make recommendations on the conceptual LEED Scorecard within 35 days of submittal.
(2) Schematic Design, Design Development and Construction Document Phases. During the Schematic Design phase, the LEED Project Administrator shall register the municipal construction project with GBCI as a LEED registered project. At the conclusion of each design phase (Schematic Design, Design Development, and Construction Documents), the LEED Project Administrator shall submit an updated LEED Scorecard to the Department; the Scorecard shall demonstrate a LEED v4 Gold rating or higher for the municipal construction project, including locally- required measures. These interim LEED Scorecards shall be available for review by the Task Force.
(3) Project Closeout. At the completion of construction, the LEED Project Administrator shall submit the final LEED documentation to the GBCI for certification. Upon receiving the LEED certification from GBCI, the LEED Project Administrator shall submit a copy of the LEED certificate and the final LEED Scorecard to the Department for review by the Task Force.
(g) The USGBC regularly updates the LEED rating system. The Director shall adopt by regulation the current applicable versions of LEED pursuant to Section 703(b).
(Former Sec. 705 added and previous Sec. 705 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; Ord. 103-10, File No. 090584, App. 5/21/2010; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
(Added by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 103-10, File No. 090584, App. 5/21/2010; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
(Added by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 103-10, File No. 090584, App. 5/21/2010; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
All municipal construction projects shall comply with the following locally-required measures:
(a) Stormwater Management. Municipal construction projects that create and/or replace 5,000 or more square feet of impervious surface in separate and combined sewer areas, and projects that create and/or replace from 2,500 up to but not including 5,000 square feet of impervious surface in separate sewer areas only, shall implement post-construction stormwater controls that comply with the Stormwater Management Ordinance (Public Works Code Sections 147-147.6).
(b) Construction Site Runoff. Municipal construction projects that involve land-disturbing activities on 5,000 or more square feet of ground surface shall implement construction site run-off best management practices in compliance with the Construction Site Runoff Ordinance (Public Works Code Sections 146-146.11). Persons commencing Construction Projects after January 1, 2014, must obtain a Construction Site Runoff Control Permit prior to the commencement of land-disturbing activities.
(c) Indoor Water Use Reduction. Municipal construction projects subject to a LEED certification requirement shall demonstrate a minimum 30% reduction in the use of indoor potable water, as calculated to meet and achieve LEED credit Indoor Water Use Reduction.
(d) Renewable Energy Efficiency, Better Roofs, and Energy Resilience.
(1) As provided in Administrative Code Section 99.3, the municipal construction project shall receive electric service from the San Francisco Public Utilities Commission (“SFPUC”) unless SFPUC determines that such service is not feasible or that the City’s lease or contract, if any, does not permit such service. The municipal construction project design team shall work with SFPUC to arrange for electric service and shall confer with SFPUC on renewable energy opportunities and interconnection requirements for municipal construction projects, including photovoltaics and solar hot water.
(2) For municipal construction projects subject to a LEED certification requirement, the design team shall demonstrate that the project meets LEED prerequisite Minimum Energy Performance EA 1 Energy Performance requirement and demonstrates compliance with Title 24, Part 6 California Energy Standards in effect at the time of the permit application.
(3) For each municipal new construction or whole building major renovation project the project design team shall set a target for annual net energy consumption, and report this target to the Task Force. The Department in collaboration with the Task Force shall provide guidance as to the tools and methods to be used for setting annual net energy consumption targets. This provision shall apply to projects for which the initial appropriation request, either whole or partial, is submitted to the Board of Supervisors after March 1, 2017.
(4) For each municipal new construction or whole building major renovation project with an estimated height of no more than three stories above grade, project design teams shall determine the feasibility of designing and constructing such project to have zero net annual site energy consumption, including all building end uses. The Department in collaboration with the Task Force shall provide guidance as to the tools and methods to be used for determining feasibility. The design team shall submit determinations of feasibility to the Task Force. This provision shall apply to projects for which the initial appropriation request, either whole or partial, is submitted to the Board of Supervisors after March 1, 2017.
(5) Each municipal new construction project shall include a combination of photovoltaic, solar thermal, and/or living roof area, meeting the requirements of Planning Code Section 149 and San Francisco Green Building Code Chapter 5, Division 5.2, or demonstrate the applicability of any exceptions to those requirements. Compliance with the Living Roofs Alternative approved by the Planning Department in accordance with Planning Code Section 149 shall be acceptable in lieu of compliance with San Francisco Green Building Code Sections .2 and .1.3. In such cases, the applicable requirements of CCR Title 24, Part 6, Section 110.10 for the solar zone shall continue to apply.
(6) For each municipal new construction or whole building major renovation project, the project design team shall analyze the costs and benefits of incorporating onsite batteries that store electricity from onsite solar photovoltaic systems and can be temporarily separated from the electricity grid to supply the community with electricity in the event of disaster. The Task Force, in consultation with Department of Emergency Management, shall define the building types subject to this requirement and parameters for sizing batteries and analyzing costs and benefits. Cost-benefit analyses shall be submitted to the Task Force and Department of Emergency Management. This provision shall apply to projects for which the initial appropriation request, either whole or partial, is submitted to the Board of Supervisors after March 1, 2017, and shall remain in effect through December 31, 2025.
(7) Each Municipal New Construction or Major Renovation Project for which the first building permit application is submitted on or after January 1, 2020 shall be All-Electric, except as follows:
(A) Natural Gas or propane service and plumbing may be installed if necessary for processes or features separate from the operation of systems integral to Building functions, such as vehicle fueling and mechanic shop equipment.
(B) Existing equipment that uses Natural Gas and serves the project area, but is outside the scope of the project, may be retained. Projects which both (i) are served by existing equipment that use Natural Gas and are outside the scope of work, and (ii) include upgrade to electric service in the project scope of work, are encouraged to include sufficient electrical service capacity to, in the future, replace existing systems that use Natural Gas with All-Electric systems.
(C) Emergency backup electricity generation systems may use any combination of technologies permitted under applicable law, including combustion of fossil fuels. Zero-emissions emergency backup electricity systems are encouraged, such as onsite batteries that store electricity from onsite solar photovoltaics.
(D) Pursuant to approval of a Waiver under Section 713 of this Chapter 7.
(e) Commissioning. For each municipal construction project subject to a LEED certification requirement, the design team shall demonstrate that the project achieves Option 1 of LEED credit Enhanced and Monitoring-Based Commissioning, in addition to LEED prerequisite Fundamental Commissioning and Verification.
(f) Construction Debris Management. All municipal construction projects shall demonstrate a minimum 75% diversion from landfill. For all municipal construction projects subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves LEED credit Construction and Demolition Waste Management (75%; 2 points). The project must also satisfy the requirements of Section 708.
(g) Indoor Air Quality. For each municipal construction project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves LEED credit Enhanced Indoor Air Quality Strategies (1 point), LEED credit Construction Indoor Air Quality Management Plan (1 point), and LEED credit Indoor Air Quality Assessment Option 2: Air Testing (2 points).
(h) Low Emitting Materials. For each municipal construction project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves LEED Low Emitting Materials (3 points).
(i) Toxics Reduction and Pollution Prevention.
(1) For all municipal new construction, major renovation and tenant improvement projects that include furniture within the project scope, or for purchases made by or on behalf of City departments for these projects, the purchased furniture shall comply with regulations promulgated under this Chapter pertaining to the following environmental attributes, subject to verification by the Department of the Environment:
(A) Added flame retardant chemicals;
(B) Emissions of volatile organic compounds (VOCs);
(C) Use of certified wood;
(D) Polyvinyl chloride (PVC) content;
(E) Antimicrobial chemicals;
(F) Fluorinated chemicals;
(G) Required ecolabels; and
(H) Other environmental attributes, consistent with this Chapter.
(2) For all municipal new construction, major renovation and tenant improvement projects, and for purchases made by or on behalf of City departments for such projects, interior surfaces, including but not limited to countertops, doorknobs, handles, wall paints, and carpet, where these features are included within the project scope, shall comply with regulations promulgated under this Chapter pertaining to the following attributes, subject to verification by the Department of the Environment:
(A) Emissions of volatile organic compounds (VOCs);
(B) Fluorinated chemicals;
(C) Recycled content and recyclability;
(D) Antimicrobial chemicals;
(E) Required ecolabels; and
(F) Other environmental attributes, consistent with this Chapter.
(3) These requirements shall apply to projects for which the initial appropriation request, either whole or partial, is submitted to the Board of Supervisors after March 1, 2017.
(Added by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; amended by Ord. 71-16, File No. 160154, App. 5/6/2016, Eff. 6/5/2016, Oper. 1/1/2017; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 8-20, File No. 190972, App. 2/7/2020, Eff. 3/9/2020, Retro. 1/1/2020)
(a) City departments shall ensure that adequate, accessible, and convenient recycling, composting and trash areas are provided within City-owned facilities and leaseholds, and that all contract documents for construction activities contain this requirement. In accordance with the City and County of San Francisco’s solid-waste diversion goals, and the Mandatory Recycling and Composting Ordinance (Chapter 19 of the Environment Code), the departments shall provide sufficient space to allow the collection, storage and loading of 100% of the facility’s recyclable, compostable and trash materials. That space must be sufficient to accommodate containers consistent with both current methods and goals of refuse collection, storage and loading, and with projected needs when full zero waste goals are met.
(1) All areas designated for the collection, storage and loading of recyclable, compostable and trash materials shall be integrated into the design and construction of the project. The departments shall ensure that areas for collection, storage and loading of recyclable and compostable materials are at least as convenient and usable as spaces provided for non-recyclable waste disposal, and located in the same areas whenever possible. When separate locations must be provided due to space constraints, the locations for collection, storage and loading of recyclable and compostable materials shall be at least as convenient as non-recyclable trash disposal locations.
(2) All areas designated for the collection, storage and loading of recyclable, compostable and trash materials shall allow for easy access to the containers by collection vehicles.
(3) Each interior space shall include adequate area designed and designated for collection and storage of recyclable, compostable and trash materials.
(4) Any chute system for solid-waste disposal shall be designed for equal convenience to all users to separate the three refuse streams of trash, recycling and compostable materials.
(b) Surplus Furniture, Equipment, Computers and Supplies. The Virtual Warehouse Program facilitates the reuse, recycling, and disposal of surplus City materials. To the extent permitted by law, all surplus furniture, equipment, computers and supplies purchased with San Francisco City and County funds shall be turned in to the Virtual Warehouse. Before buying any new furniture, equipment or supplies, City employees shall check the Virtual Warehouse for available products that meet their needs.
(c) City departments are required to recycle used fluorescent and other mercury containing lamps, batteries, and universal waste as defined by California Code of Regulations Section 66261.9.
(a) This requirement applies to all Construction and/or Demolition Projects at City-owned Facilities and City leaseholds, regardless of size of the project, located within the nine counties surrounding the San Francisco Bay. All City departments shall ensure that each Construction and/or Demolition Project subject to this Section shall meet the following requirements:
(1) The Contractor shall employ the following hierarchy of highest and best use for handling Construction & Demolition ("C&D") debris as follows:
(A) Implement reduced material usage or reuse of materials before any recycling;
(B) Implement recycling of source-separated material before any recycling of mixed C&D debris material;
(C) Implement recycling of mixed C&D debris before all other forms of disposal.
(2) The contractor shall manage all project C&D debris materials to meet a minimum diversion rate of 75 percent. The Director may increase the minimum diversion rate by regulation under Section 703(b) based on the Director's assessment of infrastructure, markets and materials available to support the new rate.
(3) The contractor is prohibited from sending any C&D debris material directly to a landfill without submitting a request to and receiving approval from the Department. The request must demonstrate that all reuse and recycling options for the material have been evaluated and determined to be not possible. A request to send C&D material directly to landfill must demonstrate that beneficial reuse of the material is employed, if possible, before any material is used as alternative daily cover (ADC), and that material is used as landfill disposal only as a last resort if necessary, and shall include documentation such as a written statement by the landfill operator that the material will be used as designated.
The contractor should submit any initial request for approval to send C&D debris material directly to a landfill to the Department at the same time the contractor submits the Construction and Demolition and Debris Management Plan (CDDMP) to the City Representative, as provided in subsection (b)(2)(A)(ii), below. But if unforeseen circumstances affect the material during the project, the contractor may at that time submit an additional or amended request to the Department for its review and possible approval.
(4) The contractor is prohibited from sending any C&D debris materials directly to any facility that would incinerate such debris or otherwise process such debris using high temperature conversion technology, unless the debris is used as boiler fuel in BioMass Energy Generation, which will only be allowed after the contractor has submitted a request to and received approval from the Department. The contractor shall demonstrate in the request that all reuse and recycling options for the material have been evaluated and determined to be not possible.
(5) No solid waste or C&D debris material shall be buried or otherwise disposed of on the project site, unless engineered and processed on site for on-site reuse such as engineered backfill or landscaping; any such use shall be documented on all C&D debris material management plans and reports.
(6) In order for C&D debris to be considered hazardous, such as containing asbestos or lead, it shall be tested and determined to be hazardous by an independent professional, such as a Cal/OSHA Certified Asbestos Consultant. The waste determination and other verification shall be included with the C&D Debris Management Plan, together with a list of hazardous materials found at the project site and plans for proper disposal.
(b) Construction and Demolition Debris Management Plan. The contract between the City department and the contractor shall require the contractor responsible for construction and/or demolition debris material management to:
(1) Conduct a site assessment to estimate the types of materials that will be generated during the construction and/or demolition project, including packaging or shipping materials.
(2) Complete a plan as set forth below describing procedures for reuse, recycling and material management.
(A) Plan Requirements. The contract between the City department and the contractor shall require that:
(i) After award of the contract and prior to commencement of the demolition or construction project, the City Representative shall ensure that the contractor develops a plan for managing C&D debris material from the project to meet the requirements of this Section.
(ii) The contractor shall prepare, sign and submit a Construction and Demolition Debris Management Plan ("CDDMP") to the City Representative. The City Representative shall review the plan to ensure the contractor and the City are maximizing highest and best use of all C&D debris material and are meeting the requirements of this Section. The City Representative shall, if appropriate, approve and sign the CDDMP to ensure that the contractor abides by all requirements of this Section.
(B) The Director shall specify the form of the CDDMP by regulation pursuant to Section 703(b). The form shall include, but not be limited to:
(i) Contractor and project identification information;
(ii) Procedures to be used for C&D debris management;
(iii) A list of the materials generated from the project, their estimated weight by tons, and how they will be reused, recycled, or otherwise handled; and,
(iv) The names and locations of reuse and recycling facilities or sites, and companies that will transport the material.
(3) If the project involves a Full Demolition Permit from the code official having jurisdiction, or if the projected cost of the project exceeds $100,000, or as may be required by the Department, the City Representative shall send the approved CDDMP to the Department for optional review and approval.
(c) Summary of Diversion; Disposal. The contract between the City department and the contractor shall require that:
(1) With each application for progress payment, the contractor shall submit a signed Summary of Diversion to the City Representative showing C&D debris material diversion and disposal coinciding with the time period of the progress payment. This summary shall quantify all materials generated by the municipal construction and/or demolition project, and how they were diverted from disposal through reuse or recycling, plus supporting documentation in the form of weight slips or other similar proof. The means used to reuse or recycle debris material must be consistent with the Construction and Demolition Debris Management Plan (“CDDMP”) for the project. No material may be taken to any landfill without prior approval pursuant to Section 708(a)(3), and landfill documentation provided with the Summary of Diversion must show that material was used as specified in the CDDMP. Failure to submit the Summary of Diversion and supporting documentation to the City Representative shall render the application for progress payment incomplete and delay progress payment. The Summary of Diversion must be submitted on a form specified by regulation of the Director under Section 703(b).
(2) The City Representative shall review and, if appropriate, sign as approved, the Summary of Diversion and supporting documentation to ensure that the contractor is adhering to the approved CDDMP, and that the reported diversion rate is correct. The City Representative shall send the Department a copy of the approved Summary of Diversion for any projects subject to subsection (b)(3).
(d) Final Diversion Report. The contract between the City department and the contractor shall require that:
(1) A Final Diversion Report signed by the contractor showing the weight of C&D debris material diverted for the entire construction and/or demolition project and the overall diversion rate achieved shall be prepared and submitted to the City Representative for approval prior to final payment. The Final Diversion Report will be submitted on a form established by regulation, pursuant to Section 703(b).
(2) The City Representative will send an approved copy of the Final Diversion Report to the Department. The City Representative shall retain all supporting documentation and make it available to the Department upon request.
(e) Retention of Records. The City Representative shall retain all C&D Debris Management Plans, Summaries of Diversion, Final Diversion Reports and all supporting documentation after completion of the project for a period of time determined by the Department by regulation.
(f) Revenue. Revenues or other savings obtained from recycled or reused materials shall accrue to the City department or the contractor as negotiated between them and embodied in the contract.
(g) All factual representations required by this Section shall be signed under penalty of perjury.
(h) All forms and documentation required by this Section will be submitted electronically, if possible.
(i) Enforcement. The Director and his or her designee may administer all provisions of this section and enforce those provisions by any lawful means available for such purpose except as otherwise provided in this Chapter.
(a) On or before January 1, 2017, the City department responsible for any City-owned facility’s operation and maintenance shall take all steps necessary to bring the facility into compliance with this Section.
(b) The City department shall use San Francisco Public Utilities Commission (“SFPUC”) guidelines to determine which of the following provisions applies.
(c) Water Conservation Requirements for Water Closets (Toilets) and Urinals.
(1) This subsection applies to all City-owned facilities.
(2) City leaseholds are subject to the all the requirements of the Commercial Water Conservation Ordinance of Chapter 13A of the San Francisco Building Code, including provisions requiring the replacement of non-compliant water closets and urinals on or before January 1, 2017.
(3) The responsible City department shall ensure that all water closets in City-owned facilities with a rated flush volume exceeding 1.6 gallons per flush are replaced with high-efficiency water closets that use no more than 1.28 gallons per flush. All wall-mounted urinals with a rated flush volume exceeding 1.0 gallon per flush shall be replaced with high-efficiency urinals that use no more than 0.125 gallons per flush. All non-wall mounted urinals with a rated flush volume exceeding 1.0 gallon per flush shall be replaced with high-efficiency urinals that use no more than 0.5 gallons per flush.
(4) The responsible City department shall replace the bowl and flushometer valve together in all City-owned facilities to meet high-efficiency standards for flushometer type water closets and urinals. The responsible City department shall replace the bowl and tank together to meet high-efficiency standards for tank type water closets.
(5) The responsible City department shall be responsible for the costs of compliance and for ensuring that all applicable contract documents for the replacement of water closets and urinals contain the above requirement.
(6) Installation of water closets and urinals:
(A) City departments purchasing water closets and urinals may only purchase high-efficiency water closets and urinals listed by the General Manager of the SFPUC.
(B) City departments shall confer with the General Manger of the SFPUC and incorporate technical assistance and water conservation audit findings in project plans.
(7) City departments shall comply with inspection findings determined to be necessary by the General Manager of the SFPUC to ensure that all fixtures have been properly installed for buildings subject to the requirements in subsection (c)(3) where four or more high-efficiency water closets or urinals are replaced.
(8) Should the General Manager of the SFPUC determine that water closets and urinals that are more water-efficient than those specified in the foregoing sections exist City departments shall install fixtures identified on a SFPUC list of other water-efficient water closets and urinals that City departments may use pursuant to Section 703(b).
(d) Water Conservation Requirements for Shower Heads.
(1) This subsection applies to all City-owned facilities.
(2) City leaseholds are subject to the Commercial Water Conservation Ordinance of Chapter 13A of the San Francisco Building Code, including provisions requiring the replacement of non-compliant showerheads on or before January 1, 2017.
(3) The City department responsible for any City-owned facility’s operation and maintenance shall take all necessary steps to ensure that all showerheads in the facility having a maximum flow rate exceeding 2.5 gallons per minute are replaced with shower heads having a maximum flow rate, not to exceed 1.5 gallons per minute.
(4) The City department shall be responsible for the costs of compliance and for ensuring that all applicable contract documents for the replacement of showerheads contain the above requirement.
(5) Should the General Manager of the SFPUC determine that shower heads that are more water efficient than those specified in the foregoing section exist, City departments shall install fixtures identified on a San Francisco Public Utilities Commission list of other water-efficient shower heads that City departments may use pursuant to Section 703(b).
(e) Water Conservation Requirements for Faucets and Faucet Aerators.
(1) This subsection applies to all City-owned facilities.
(2) City leaseholds are subject to requirements of the Commercial Water Conservation Ordinance of Chapter 13A of the San Francisco Building Code, including provisions requiring the replacement of non-compliant faucets and faucet aerators on or before January 1, 2017.
(3) The City department responsible for any City-owned facility’s operation and maintenance shall take all necessary steps to ensure that all faucets and faucet aerators in the facility with a maximum flow rate exceeding 2.2 gallons per minute are replaced with fixtures having a maximum flow rate not to exceed 0.5 gallons per minute per appropriate site conditions.
(4) The City department shall be responsible for the costs of compliance and for ensuring that all applicable contract documents for the replacement of faucet or faucet aerators containing the above requirement.
(5) Should the General Manager of the SFPUC determine that faucet aerators that are more water efficient than those specified in the foregoing section exist, City departments shall install fixtures identified on a SFPUC list of other water-efficient faucets or faucet aerators that City departments may use pursuant to Section 703(b).
(a) The requirements of this Section apply to all City-Owned Facilities and City leaseholds.
(b) The San Francisco Department of Public Health (''DPH"), in consultation with the Department, shall track Indoor Environmental Quality (IEQ) problems, including indoor air pollution, fumes, odors, humidity problems, and thermal and acoustical comfort issues, in City-owned buildings and City leaseholds through the Department of Public Works and the Real Estate Division's Computerized Maintenance Management System (CMMS).
(c) City Departments not using the CMMS may complete a voluntary annual survey of IEQ information.
(d) DPH shall compile tracking information from the CMMS and survey results into an annual analysis including commonalities among complaints and preventative techniques. The annual survey results and analysis will provide information with which to provide better solutions to IEQ problems and improve IEQ policy-making.
(e) DPH will coordinate research and interventions relating to the causes, effects, extent, prevention, and control of indoor pollution, and will disseminate outcomes to City departments.
(f) Pursuant to Section 703(a)(2), the Department, in consultation with DPH, will provide outreach and education programs for City Departments and design professionals on the importance of IAQ management in the design, construction, operation and maintenance of municipal buildings.
(g) Construction specifications and facility maintenance protocols for City-owned Facilities and City Leaseholds shall include the following:
(1) Implementation of moisture and mold management practices during the design, construction and maintenance of a building. City-owned Facilities and City Leaseholds shall have a system in place that provides prompt response and remediation for moisture infiltration, water damage and/or mold.
(2) For new construction, elimination of building materials manufactured with lead. Eliminated materials are established by regulation, pursuant to Section 703(b).
(h) Additional IEQ construction specifications and facility maintenance protocols for City-owned Facilities and City Leaseholds may be adopted by regulation pursuant to Section 703(b).
(Added as Sec. 705.4 by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 103-10, File No. 090584, App. 5/21/2010; renumbered and amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
No later than July 1, 2018, the Director, in consultation with the Task Force and affected City departments and with input from members of the public who have asked to be informed by the Task Force or the Department, shall submit to the Board of Supervisors a report on the effects of this Chapter, including but not limited to the following:
(1) A report of the compliance of municipal construction projects under the LEED rating system, including a report on waivers;
(2) A report of City departments’ compliance with this Chapter;
(3) An assessment of whether this Chapter has achieved its stated goals; and
(4) Recommended changes, if any, to this Chapter.
(a) Waivers from the requirements of this Chapter are available under the following circumstances:
(1) Emergency. A City department may grant itself a waiver from any requirement of this Chapter, except the requirements of Section 706(a), when it is necessary to respond to an emergency which endangers public health or safety. In such case, the City department shall report to the Director on a form provided by the Director regarding the emergency that prevented compliance with this Chapter within five business days. City departments desiring an emergency waiver from the requirements of Section 706(a) shall confer with the General Manager of the San Francisco Public Utilities Commission.
(2) Cost Prohibitive. If the sponsoring City department determines that compliance with this Chapter is cost prohibitive, a City department may request a waiver from any provision of this Chapter that is not otherwise required by the San Francisco Building Inspection Commission Codes, the Port of San Francisco Building Standards Code, or other state or local requirement. Waivers may be requested on a form provided by the Director and submitted to the Task Force. The Task Force shall provide the Director with a recommendation with respect to the waiver request. Where a project is located on property owned or managed by the Port of San Francisco, the Task Force shall provide the Executive Director of the Port of San Francisco with a recommendation with respect to the waiver request. The Director (or, where a project is located on property owned or controlled by the Port of San Francisco, the Executive Director of the Port of San Francisco) may grant a waiver upon a finding that the requesting City department project team has:
(A) Demonstrated which specific requirements are cost prohibitive as weighed against the potential economic, environmental and health benefits posed by a particular requirement; and
(B) If applicable for Section 705, or equivalent provisions in the Port of San Francisco Green Building Standards Code, developed a reasonable plan to maximize the number of LEED points attainable.
(3) Alternate Compliance. A City department may request a waiver from LEED Gold certification if utilizing an independently verified green building rating system or standard that is determined by the Task Force to be at least as stringent as LEED, or to be a more appropriate standard for a specific project. Such waiver requests shall provide justification and details for alternate compliance. Waivers for alternate compliance may be requested on a form provided by the Director and submitted to the Task Force. The Task Force shall provide the Director with a recommendation with respect to the waiver request. Where a project is located on property owned or managed by the Port of San Francisco, the Task Force shall provide the Executive Director of the Port of San Francisco with a recommendation with respect to the waiver request. The Director (or, where a project is located on property owned or managed by the Port of San Francisco, the Executive Director of the Port of San Francisco) may grant a waiver upon finding that the requester has provided adequate justification.
(4) Other. If, due to specific circumstances, compliance would defeat the intent of this Chapter or create an unreasonable burden on the municipal construction project or City department, the City department may request a waiver from that requirement on a form provided by the Director. The Task Force shall provide the Director with a recommendation with respect to the waiver request. Where a project is located on property owned or managed by the Port of San Francisco, the Task Force shall provide the Executive Director of the Port of San Francisco with a recommendation with respect to the waiver request. The Director (or, in the case of projects located on property owned or managed by the Port of San Francisco, the Executive Director of the Port of San Francisco) may grant a waiver upon a finding that the requesting City department has:
(A) Documented the circumstances and burdens at issue; and
(B) If applicable for Section 705, or equivalent provision in the Port of San Francisco Green Building Standards Code, developed a reasonable plan to maximize the number of LEED points attainable.
(b) After the end of the 50% Design Development Phase, the Director or the Executive Director of the Port of San Francisco will only accept waiver requests for consideration if the project design team can demonstrate extenuating circumstances, including but not limited to the following:
(1) Unforeseen site conditions; or
(2) Unavailability of specified system or products.
(c) The Director shall respond to a request for a waiver within 35 days.
(d) The Director (or, where a project is located on property owned or managed by the Port of San Francisco, the Executive Director of the Port of San Francisco) may not waive the requirements of Sections 706(a), 707, and 708, except in the case of emergencies as provided in subsection (a)(1) of this Section 713. Granting of a waiver for any requirement of this Chapter, or the Port of San Francisco Green Building Standards Code does not waive any requirement of the San Francisco Building Inspection Commission Codes, the Port of San Francisco Building Standards Code, or the California Building Standards Code (CCR Title 24, Part 6 and Part 11) as applicable.
(e) The Director (or, when a project is located on property owned or managed by the Port of San Francisco, the Port of San Francisco representative to the Task Force) shall regularly report to the Task Force on waivers requested, granted and denied. The Director in consultation with the Task Force shall report to the Commission on the Environment regularly on waivers requested, granted and denied.
The City recognizes that in some circumstances state or federal law governs some of the matters addressed in this Chapter. Nothing in this Chapter shall be interpreted or applied by a court or an agency of City government so as to create any requirement, power, or duty in conflict with federal or state law or with a requirement of any government agency, including any agency of City government, implementing federal or state law.
(Added by Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017)