(a) Waivers for any requirement of this Chapter 7, except any requirement that is mandated by other local or state policy, are available under the following circumstances:
(1) Emergency. When it is necessary to respond to an emergency that endangers public health or safety, the Director of a City Department may grant itself a waiver from any requirement of this Chapter. The City Department shall report within five business days to the Director, on a form provided by the Director, and explain the emergency that prevented compliance with the requirement(s) of this Chapter.
(2) Cost Prohibitive. If the sponsoring City Department of a Municipal Construction Project determines that compliance with any requirement of this Chapter is cost prohibitive, that City Department may request a waiver on a form provided by the Director and submitted to the Task Force. The Task Force shall propose a recommended action to the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco), who may grant a waiver upon a finding that the Municipal Construction Project’s team has:
(A) Ascertained the specific requirement(s) is cost prohibitive, as measured against the potential economic, environmental, societal, and health benefits posed by that requirement; and
(B) Developed a reasonable plan to maximize the sustainability strategies for the Municipal Construction Project, and counterbalance the requirement that cannot be met to the extent that it is practicable.
(3) Alternate Compliance. The sponsoring City Department of a Municipal Construction Project may request a waiver from LEED Gold if using a Green Building Rating System or standard that is determined by the Task Force to be at least as stringent as LEED or to be more appropriate for a specific project. Such waiver request shall document justification and details for alternate compliance on a form provided by the Director and submitted to the Task Force. The Task Force shall propose a recommended action to the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco), who may grant a waiver upon finding that the Municipal Construction Project’s team has provided adequate justification.
(4) Other. If, due to specific circumstances, compliance with a requirement would defeat the intent of this Chapter 7 or create an unreasonable burden on the Municipal Construction Project or sponsoring City Department, that City Department may request a waiver on a form provided by the Director. The Task Force shall propose a recommended action to the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco), who may grant a waiver upon a finding that the requesting City Department has:
(A) Documented the circumstances and burdens at issue; and
(B) Developed a reasonable plan to maximize the sustainability strategies for the Municipal Construction Project, and counterbalance the requirement that cannot be met to the extent that it is practicable.
(b) After the end of the 50% design development phase, the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco) will only accept a waiver request for consideration if the project design team can demonstrate extenuating circumstances, including but not limited to unforeseen site conditions or unavailability of a specified system or product.
(c) The Director shall respond to a waiver request within 35 days.
(d) The Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or managed by the Port of San Francisco) may not grant a waiver for the requirements of Sections 704(c)(1)(B) or 704(c)(2)(A). Granting a waiver for any requirement of this Chapter 7 does not eliminate any requirement of other local or state codes.
(e) The Director, in consultation with the Task Force, shall report to the Commission on the Environment regularly on waivers requested, granted, and denied.
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 705 added as Sec. 707 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and 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; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(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; renumbered as Sec. 707 and amended in its entirety by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)