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San Francisco Overview
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 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
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 Charter
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 36D: GUN VIOLENCE RESTRAINING ORDERS
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
ARTICLE 21:
HAZARDOUS MATERIALS
 
DIVISION I
GENERAL PROVISIONS
Findings and Purpose.
Definitions.
Director to Report.
Department to Provide Public Information.
Director to Maintain List of Materials Regulated.
Unified Program Implementation.
DIVISION II
CERTIFICATE OF REGISTRATION
Registration Required.
Hazardous Materials Plans and Application for Certificate of Registration.
Temporary Certificate of Registration.
Businesses on Leased or Rented Property.
Review of Applications.
Contents of Certificate of Registration and Posting.
Terms, Renewals and Transfers.
Handling of Hazardous Materials.
Labeling of Hazardous Materials.
DIVISION III
UNDERGROUND STORAGE TANK PERMITS
Permit to Operate an Underground Storage Tank.
Application for Permit.
Terms, Renewals and Transfers.
General Registration and Permit Provisions, Disclaimer.
Contents of Permits and Posting.
Determination.
DIVISION IV
ENFORCEMENT
Violations.
Emergency Powers.
Authority of the Director.
Enforcement Actions.
Penalties.
Civil Action for Retaliation.
Liens.
Director's Hearings.
Remedies Not Exclusive.
DIVISION V
PUBLIC DISCLOSURE AND TRADE SECRETS
Maintenance of Files.
Public Disclosure.
Trade Secrets.
Public Notice and Participation Procedures For Underground Storage Tank Releases.
DIVISION VI
UNAUTHORIZED RELEASES AND CLOSURES OF ESTABLISHMENTS OR UNDERGROUND STORAGE TANKS
Unauthorized Releases of Hazardous Materials Prohibited.
Reporting Unauthorized Release of Hazardous Materials.
Periodic Inspection After Unauthorized Release.
Abandoned Establishments or Underground Storage Tanks.
Closure of Establishments or Underground Storage Tanks.
Obligations of Responsible Parties for Closure and Cleanup.
DIVISION VII
INSPECTIONS AND RECORDS
Inspections by Director of Health.
Inspections by Registrant or Permittee.
Special Inspections.
Substituted Inspections.
Maintenance of Records By Person or Business.
DIVISION VIII
MISCELLANEOUS
Regulations.
Disclaimer of Liability.
Duties are Discretionary.
Conflict with Other Laws.
Severability.
Fees.
Delinquent Fees.
Refund of Fees.
Not Exempted From Paying Other Fees.
Review of Fees.
Determination of Percentage of Fees Credited to Other Departments.
Hazardous Materials Fee Schedule.
Fee Adjustment.
 
DIVISION I
GENERAL PROVISIONS
SEC. 1101.  FINDINGS AND PURPOSE.
   (a)   Hazardous substances and hazardous wastes present in the community may pose acute and chronic health hazards to individuals who live and work in the City and County of San Francisco, and who are exposed to such substances as a result of fires, spills, industrial accidents, or other types of releases or emissions.
   (b)   The people who live and work in the City and County of San Francisco have a right and need to know of the use and potential hazards of hazardous materials in the community in order to plan for and respond to potential exposure to such materials.
   (c)   Information on the location, type, and the health risks of hazardous materials used, stored, or disposed of in the City and County of San Francisco is not now available to firefighters, health officials, planners, elected officials, and residents.
   (d)   This information is necessary to enable public officials to protect adequately the public health, safety and welfare of residents of the City and County of San Francisco.
   (e)   It is the intent of the Board of Supervisors of the City and County of San Francisco in adopting this Article to recognize the community's right to and need for information on the storage, use and disposal of hazardous materials in the City and to establish a system for the orderly provision of such information.
   (f)   It is further the intent of the Board of Supervisors of the City and County of San Francisco that the system of disclosure set forth in this Article shall provide the information essential to firefighters, health officials, planners, elected officials and residents in meeting their responsibilities to protect the health, safety and welfare of the community and to safeguard life and property from the hazards arising from the storage, handling and use of hazardous materials while protecting trade secrets to the extent compatible with the protection of the public health, safety and welfare.
   (g)   It is further the intent of the Board of Supervisors of the City and County of San Francisco to conform the provisions of this Article to California law regulating underground storage tanks and hazardous materials release response plans as provided in Chapters 6.7 and 6.75 and Article 1 of Chapter 6.95 of Division 20 of the California Health and Safety Code, which chapters are incorporated into this Article by reference, and to provide for additional stricter local requirements in accordance with Sections 25299.2 and 25500 of the California Health and Safety Code.
   (h)   It is the further intent of the Board of Supervisors of the City and County of San Francisco to recognize that the San Francisco Department of Public Health, Environmental Health Section has been certified by the Secretary of the California Environmental Protection Agency as a Certified Unified Program Agency as provided in Chapter 6.11 of Division 20 of the California Health and Safety Code. In accordance with that certification, it is the further intent of the Board of Supervisors of the City and County of San Francisco to conform this Article to provide the Department of Public Health with the authority necessary to carry out the Department's responsibilities under Chapter 6.11 of Division 20 of the California Health and Safety Code.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1102.  DEFINITIONS.
   In addition to the general definitions applicable to this Code, whenever used in this Article, the following terms shall have the meanings set forth below:
   (a)   "Aboveground storage tank" is defined in California Health and Safety Code Section 25270.2, or any successor provisions.
   (b)   "Aboveground petroleum storage facility" or "APS facility" means any facility regulated under California Health and Safety Code Section 25270 et seq. or any successor provisions. Aboveground petroleum storage facilities with storage capacity of 1320 to 10,000 gallons are further classified as Tier 1 or Tier 2, which are defined as follows:
      (1)   "Tier 1 APS facility" means any aboveground petroleum storage facility with aggregate aboveground oil storage capacity of 10,000 gallons or less and no individual aboveground oil storage container with a capacity greater than 5,000 gallons.
      (2)   "Tier 2 APS facility" means any aboveground petroleum storage facility with aggregate aboveground oil storage capacity of 10,000 gallons or less with at least one individual aboveground oil container with a capacity greater than 5,000 gallons.
   (c)   "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation including a government corporation, partnership, association, City, County, City and County, district, the State and any agency, department, office, board, commission, or bureau of State government, including, but not limited to, the campuses of the California Community Colleges, the California State University, and the University of California, and the federal government, to the extent authorized by federal law.
      For the purpose of the application of this Article to the City and County of San Francisco, "business" includes any office or department under any elected or appointed official or under any board or commission.
   (d)   "Certificate of registration" means any Hazardous Materials Certificate of Registration, including any addenda thereto, and any temporary certificate of registration issued pursuant to this Article.
   (e)   "Chemical name" means the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.
   (f)   "Chief of Department" means the Chief of the San Francisco Fire Department or the Chief's designee.
   (g)   "City Planning Code" means Part II, Chapter 3 of the San Francisco Municipal Code.
   (h)   "Common name" means any designation or identification, such as a code name, code number, trade name, or brand name, used to identify a substance other than by its chemical name.
   (i)   "Contiguous" means without separation by a public street, alley, sidewalk or other public place or right-of-way even if connected by underground or overhead structures, such as but not limited to bridges or passageways.
   (j)   "Department" means the San Francisco Department of Public Health.
   (k)   "Director of Health" means the Director of the San Francisco Department of Public Health or the Director's designee.
   (l)   "Environmental Health Section" means the Environmental Health Section in the Community Health and Safety Branch of the Public Health Division of the San Francisco Department of Public Health.
   (m)   "Establishment" means a single business operation conducted on the same or contiguous parcels of property under the same ownership or entitlement to use, and the building or buildings, appurtenant structures, and surrounding land area used by the establishment at that location or site. To be considered a single business operation, all business operations at the location must be under the direction and control of the same primary response person and accessible from the same public street entrance.
   (n)   "Etiologic agent" means a viable microorganism, or its toxin, which is listed in the regulations of the Department of Health and Human Services at Section 72.3 of Title 42 of the Code of Federal Regulations, which regulations are incorporated into this Article by reference, or which causes or may cause severe, disabling or fatal disease in a healthy population. For purposes of this definition, "etiologic agent" does not include human or animal materials including but not limited to excreta, secreta, blood, and its components, tissue and tissue fluids being handled for purpose of diagnosis or in waste form.
   (o)   "Fire Code" means Part II, Chapter 4 of the San Francisco Municipal Code.
   (p)   "Freight forwarding and freight transportation services" means an establishment which packs, crates, prepares for shipping, warehouses, or otherwise handles hazardous materials in transit or operates a terminal through which hazardous materials pass, including but not limited to establishments specified in Codes 4231, 4731 and 4783 of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition.
   (q)   "Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion.
   (r)   "Handler" means any person or business which handles a hazardous material.
   (s)   "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the Department has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
      A mixture shall be deemed to be a hazardous material if it contains either one-tenth of one percent or more of any carcinogen or one percent or more of any other hazardous material.
   (t)   "Hazardous materials plan" means a document consisting of, at a minimum, general business information about an establishment, an inventory of hazardous materials handled at the establishment, an emergency response plan for the establishment, an employee training plan for handling hazardous materials, a facility map and such other information as is required by this Article and regulations adopted by the Health Commission pursuant to this Article in order to obtain a certificate of registration.
   (u)   "Hazardous materials release site" means an establishment, UST, premises or real property containing a release or threatened release.
   (v)   "Hazardous substance" means any substance or chemical product for which one of the following applies:
      (1)   The manufacturer or producer is required to prepare or prepares a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the California Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the California Labor Code) or pursuant to the federal Occupational Safety and Health Act of 1970 and regulations promulgated under that Act (commencing with Section 651 of Title 29 of the United States Code);
      (2)   The substance is listed as a radioactive material in Appendix B of Part 20 of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission;
      (3)   The substances listed pursuant to Parts 172 and 173 of Title 49 of the Code of Federal Regulations;
      (4)   The materials listed in Subdivision (b) of Section 6382 of the California Labor Code;
      (5)   The chemicals listed in Subdivisions (b) and (c) of Section 12000 of Title 22 of the Code of California Regulations, which Section is incorporated into this Article by reference;
      (6)   The substances listed as hazardous substances in Subsection (f) of Section 25281 of the California Health and Safety Code.
   (w)   "Hazardous waste" means hazardous waste, as defined in Sections 25115, 25117, and 25316 of the California Health and Safety Code.
   (x)   "Health Commission" means the San Francisco Health Commission.
   (y)   "Laboratory" means a business or part of a business operated by scientists or engineers, or by students or technicians under their supervision, for the following purposes: investigation of physical, chemical or biological properties of substances; development of new or improved chemical processes, products, or applications; analysis, testing, or quality control; or instruction and practice in a natural science or in engineering. These operations are characterized by the use of a relatively large and variable number of chemicals on a scale in which the containers used for reactions, transfers, and other handling of chemicals are normally small enough to be easily and safely manipulated by one person.
   (z)   "MSDS" means a Material Safety Data Sheet prepared pursuant to Section 6390 of the California Labor Code and Section 5194 of Title 8 of the Code of California Regulations, or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor in Subsection (g) of Section 1910.1200 of Title 29 of the Code of Federal Regulations, which Section is incorporated into this Article by reference.
   (aa)   "Operator" means any person in control of, or having daily responsibility for, the daily operation of an underground storage tank system.
   (bb)   "Owner" means the owner of an underground storage tank or the person or persons named on the last assessment rolls of the City and County of San Francisco as the owner of (i) the real property where an underground storage tank is located, or (ii) for underground storage tanks located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access, the immediately adjacent real property that is or was served by the underground storage tank.
   (cc)   "Permit" means any permit to operate an underground storage tank, including any addenda thereto, issued pursuant to this Article.
   (dd)   "Permittee" means any person to whom a permit is issued pursuant to this Article and any authorized representative, agent or designee of such person.
   (ee)   "Person" means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, association, city, county, city and county, district, the State, any department or agency thereof or the United States, to the extent authorized by federal law.
      For the purpose of the application of this Article to the City and County of San Francisco, a "person" includes any office or department under any elected or appointed official or under any board or commission.
   (ff)   "Pipe" means pipe as defined in Sections 25281(l) and 25281.5 of the California Health and Safety Code.
   (gg)   "Primary response person" means the individual representing the business who can provide technical information and assistance in the event of a release or threatened release of hazardous materials and has full facility access, site familiarity and authority to make decisions for the business regarding implementation of appropriate site mitigation.
   (hh)   "Registered quantity limit" means the maximum amount of hazardous material that can be stored in an establishment pursuant to a certificate of registration. The Director shall set separate registered quantity limits for an establishment for which a certificate of registration is obtained in accordance with the requirements of this Article.
   (ii)   "Registrant" means any business to whom a certificate of registration is issued pursuant to this Article and any authorized representative, agent or designee of such business.
   (jj)   "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous material into the environment unless permitted or authorized by a regulatory agency.
   (kk)   "Responsible party" means (i) for a hazardous materials release site, a person or business that owns, operates, occupies or controls the hazardous materials release site, or (ii) for a UST or establishment containing hazardous materials that is subject to closure under this Article, the person or business that owns or operates the UST or establishment and the owner of the real property upon which the UST or establishment is located.
   (ll)   "SIC Code" means the identification number assigned to specific types of businesses by the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget.
   (mm)   "Spill" means any uncontrolled release of a hazardous material.
   (nn)   "Storage" means the containment, handling, use, generation, processing, production, packaging, emitting, discharging, disposal or treatment of hazardous materials.
   (oo)   "Sump" means a pit or other subsurface container in which liquids collect.
   (pp)   "Threatened release" means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or the environment.
   (qq)   "Trade secret" means trade secrets as defined in Subdivision (d) of Section 6254.7 of the California Government Code and Section 1060 of the California Evidence Code.
   (rr)   "Unauthorized release" means any release of any hazardous material that does not conform to the provisions of this Article or is not otherwise authorized by law or a governmental agency, including, but not limited to, the federal Environmental Protection Agency, the California Environmental Protection Agency, or the Department of Public Works pursuant to the San Francisco Industrial Waste Ordinance.
   (ss)   "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances as defined in Subsection (f) of Section 25281 of the California Health and Safety Code and which is located substantially or totally beneath the surface of the ground.
      "Underground storage tank" does not include any of the following:
      (1)   A tank with a capacity of 1,100 gallons or less which is located on a farm and which stores motor vehicle fuel used primarily for agricultural purposes and not for resale;
      (2)   A tank which is located on a farm, at a residence of a person, or under public property adjacent to the residence of a person, which has the capacity of 1,100 gallons or less, and which is used to store home heating oil for consumptive use on the farm or at the residence. A tank which is no longer used to provide home heating oil to the farm or residence is not exempted by this Section;
      (3)   Structures such as sumps, separators, storm drains, catchbasins, oil-field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits. Sumps which are part of a monitoring system required under Sections 25291 or 25292 of the California Health and Safety Code and sumps or other structures defined as underground storage tanks under Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code are not exempted by this Section;
      (4)   A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 179-10, File no. 100721, App. 7/23/2010)
SEC. 1103.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 42-00, File No. 000241, App. 3/24/2000; repealed by Ord. 56-03, File No. 030041, App. 4/11/2003)
SEC. 1103.1.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 42-00, File No. 000241, App. 3/24/2000; repealed by Ord. 56-03, File No. 030041, App. 4/11/2003)
SEC. 1103.2.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; repealed by Ord. 56-03, File No. 030041, App. 4/11/2003)
SEC. 1103.3.  DIRECTOR TO REPORT.
   The Director of Health shall regularly advise the Health Commission regarding activities and other matters related to this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 56-03, File No. 030041, App. 4/11/2003)
SEC. 1104.  DEPARTMENT TO PROVIDE PUBLIC INFORMATION.
   The Department of Public Health shall provide educational information to the public on hazardous materials including, but not limited to, information on the identification, proper storage, handling, use and disposal of hazardous materials.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1105.  DIRECTOR TO MAINTAIN LIST OF MATERIALS REGULATED.
   The Director of Health shall maintain, for public inspection, a copy of each of the laws and regulations including any applicable lists of hazardous materials, hazardous substances and hazardous wastes.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1106.  UNIFIED PROGRAM IMPLEMENTATION.
   (a)   The Department is the certified unified program agency for San Francisco pursuant to Health and Safety Code Chapter 6.11. The Department is responsible for administration of the following requirements:
      (1)   Except as specified in Health and Safety Code Subparagraph 25404(c)(1)(B), the requirements of Health and Safety Code Chapter 6.5 (commencing with Section 25100, and the regulations adopted by the Department of Toxic Substances Control pursuant thereto, applicable to hazardous waste generators and persons operating pursuant to a permit-by-rule, conditional authorization or conditional exemption. This program is implemented by Article 22 of this Code;
      (2)   The requirement of Subdivision (c) of Health and Safety Code Section 25270.5 for owners and operators of aboveground storage tanks to prepare a spill prevention control and countermeasure plan. The Director is authorized to require owners and operators to prepare spill prevention control and countermeasure plans in accordance with Health and Safety Code Section 25270.5(c);
      (3)   The requirements of Health and Safety Code Chapter 6.7 (commencing with Section 25280) concerning underground storage tanks, except for the responsibilities assigned to the State Water Resources Control Board pursuant to Section 25297.1. This program, along with local requirements, is implemented by Division III of this Article;
      (4)   The requirements of Article 1 (commencing with Section 25501) of Chapter 6.95 of the Health and Safety Code, concerning hazardous material release response plans and inventories. This program, along with local requirements, is implemented by Division II of this Article;
      (5)   The requirements of Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code concerning regulated substances. This program, along with local requirements, is implemented by Article 21A of this Code;
      (6)   The requirements of Subsections 8001.3.2(a) and 8001.3.3(a) of the Uniform Fire Code, as adopted by the State Fire Marshal, concerning hazardous material management plans and inventories.
(Added by Ord. 399-97, App. 10/17/97)
DIVISION II
CERTIFICATE OF REGISTRATION
SEC. 1110.  REGISTRATION REQUIRED.
   (a)   Any business which operates an establishment, or any owner of real property upon which an establishment is located, shall for each establishment that meets any of the criteria set forth in this Section, obtain and keep current a hazardous materials certificate of registration and implement the hazardous materials plan submitted with the registration application:
      (1)   The establishment operates a laboratory which handles, as part of its laboratory function, at any one time during the reporting year, any hazardous material or mixture containing a hazardous material in a container that has a capacity equal to, or greater than a weight of 25 grams (0.06 pounds) or a volume of 100 milliliters (0.025 gallons) or 10 cubic feet at standard temperature and pressure for compressed gas;
      (2)   The establishment handles any one hazardous material or any one mixture containing a hazardous material in a container or containers with a total capacity at any one time during the reporting year that is equal to, or greater than, a weight of 500 pounds, or a volume of 55 gallons or 200 cubic feet at standard temperature and pressure for compressed gas;
      (3)   The establishment handles one or more hazardous material or mixture containing a hazardous material in a container or containers with a combined total capacity at any one time during the reporting year equal to, or greater than, a weight of 500 pounds, or a volume of 55 gallons or 200 cubic feet at standard temperature and pressure for compressed gas. In determining the combined total container capacity of the hazardous materials, the establishment shall include:
         (A)   All liquid hazardous materials in containers with a capacity equal to, or greater than, one gallon;
         (B)   All solid hazardous materials in containers with a capacity equal to, or greater than, 25 pounds;
         (C)   All compressed gas hazardous materials in containers with a capacity equal to, or greater than, 10 cubic feet.
      (4)   The establishment handles any one or more radioactive material or mixture containing a radioactive material in a quantity for which an emergency plan is required to be adopted pursuant to Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with those regulations;
      (5)   The establishment handles any one or more etiologic agents.
   (b)   Any person not subject to Subsection (a) who is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code, as that section read on August 1, 1997, or as it may be subsequently amended shall obtain and keep current a hazardous materials certificate of registration and implement the hazardous materials plan submitted with the registration application as required by this Article.
   (c)   Within 30 days of any one of the following events, any business required to obtain a certificate of registration pursuant to this Section shall file an addendum to the certificate of registration detailing the handling and the following appropriate information:
      (1)   Change of business name;
      (2)   A 50 percent or more increase in the quantity of a previously disclosed material;
      (3)   Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1110.1.  HAZARDOUS MATERIALS PLANS AND APPLICATION FOR CERTIFICATE OF REGISTRATION.
   Every business, or owner of real property upon which an establishment is located, that is required by this Article to register and implement a hazardous materials plan shall obtain a certificate of registration by filing an application through the California Environmental Reporting System ("CERS") upon forms furnished for that purpose, certifying that the hazardous materials plan as described in the application meets the requirements of California Health & Safety Code 25404, et seq., and paying the required fees.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)
SEC. 1111.  TEMPORARY CERTIFICATE OF REGISTRATION.
   A temporary certificate of registration may be issued where the hazardous materials subject to the registration requirements are handled at an establishment during a one-time period not to exceed 90 days in a consecutive six-month period. The Director of Health may approve a temporary certificate of registration under circumstances that do not comply with all the provisions of this Code, provided that the Director determines that such temporary handling does not present any increased risk of fire or health hazard. A temporary registration shall be issued for a period not to exceed 90 days.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1112.  BUSINESSES ON LEASED OR RENTED PROPERTY.
   Any business which registers with the Department pursuant to this Article and is located on leased or rented real property shall notify, in writing, the real property owner that the business and the real property owner are subject to the requirements of this Article and the business has obtained a certificate of registration. The business shall provide a copy of the certificate of registration and the hazardous materials plan to the owner or the owner's agent within five working days after receiving a request for a copy from the owner or the owner's agent.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1113.  REVIEW OF APPLICATIONS.
   The Department shall review a completed application for a certificate of registration, determine if it is deficient in any way, and notify the applicant of these defects and of a compliance schedule for correcting the defects. The applicant shall submit a corrected application within the time specified in the compliance schedule.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1114.  CONTENTS OF CERTIFICATE OF REGISTRATION AND POSTING.
   (a)   The certificate of registration shall contain the following information:
      (1)   The name and address of the registrant for purposes of notice and service of process;
      (2)   The street address of the establishment for which the certificate of registration is issued;
      (3)   The registered quantity limit(s) for the establishment;
      (4)   The date the certificate of registration is effective;
      (5)   The date of expiration, except for those registrants exempted from renewal under Section 1115 of this Article.
   (b)   Each certificate of registration shall include requirements that the registrant reimburse the City for extraordinary costs, in addition to applicable registration fees, for inspection and monitoring, administration, incidental expenses and cleanup and remediation costs resulting from releases of hazardous materials or failure by the registrant to handle hazardous materials in accordance with the requirements of this Article. Furthermore, the certificate shall provide that if the registrant fails to immediately notify the Department of a release or threatened release of hazardous material, and the failure results in or significantly contributes to an emergency, including a fire, to which the City is required to respond, the registrant shall be assessed the full cost of the City emergency response as well as the cost of cleaning up and disposing of the hazardous material. Certificates of registration shall not be renewed unless all such costs have been paid to the City.
   (c)   The registrant shall post a copy of the certificate of registration obtained pursuant to this Section, in a location open to public access during normal business hours, at each establishment for which a certificate of registration is obtained.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 168-95, App. 5/26/95; Ord. 399- 97, App. 10/17/97)
SEC. 1115.  TERM, RENEWALS AND TRANSFERS.
   (a)   A certificate of registration shall be issued for a term of one year, except as otherwise provided in this Article.
   (b)   Except as provided in Subsection (c) of this Section, the registrant shall submit an application for a renewal at least 30 days prior to the expiration date of the certificate of registration. The application for renewal shall include a certification by the registrant that it has reviewed all information previously submitted for its current registration to determine if any revisions are needed and that it has made any necessary changes to the previously submitted application. A copy of any changes shall be submitted to the Department of Health as part of the renewal application.
   (c)   A physician, dentist, podiatrist, veterinarian, or pharmacist, who is required pursuant to Section 1110 to obtain a certificate of registration solely because he or she operates an establishment that handles oxygen, nitrogen or nitrous oxide is exempt from filing a renewal application and paying an annual renewal fee as provided in this Section and Section 1176(b) of this Article, provided that at any one time the total container capacity of oxygen or nitrous oxide, as determined in accordance with the provisions of Section 1110, is less than 1,000 cubic feet of each material at standard temperature and pressure. If a business that is exempted from registration renewal, at any one time handles oxygen or nitrous oxide in a container or containers with a total capacity that is equal to or greater than 1,000 cubic feet of each material at standard temperature and pressure, or handles any other hazardous material that meets any of the criteria set forth in Section 1110, then the business shall no longer qualify for the exemption and shall comply with the registration renewal requirements of this Article.
   (d)   The certificate of registration is not transferable to another owner, address or physical location within the same address.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 168-95, App. 5/26/95; Ord. 399- 97, App. 10/17/97)
SEC. 1116.  HANDLING OF HAZARDOUS MATERIALS.
   (a)   All persons and businesses shall handle all hazardous materials regulated by this Article in conformity with the provisions of this Code, the San Francisco Building Code, San Francisco Electric Code, San Francisco Public Works Code, San Francisco Fire Code and San Francisco City Planning Code. The Director of Health shall approve all installation, construction, repair or modification, closure, and removal of storage facilities.
   (b)   The Director of Health, as provided in this Code, may:
      (1)   Exempt a person or business from any specific requirement if, and only if, the person or business has demonstrated by clear and convincing evidence that strict application of the requirement would create practical difficulties not generally applicable to other establishments or property and that granting the exemption will not increase the hazard of exposure to hazardous materials and such exemption is not in conflict with any requirement of federal or State law concerning the handling of hazardous materials. The Director shall specify in writing the basis for any exemption under this paragraph; or
      (2)   Impose reasonable additional or different requirements if, and only if, such requirements are necessary to protect the public health, safety and welfare from the hazards arising from the storage, handling and use of hazardous materials.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1117.  LABELING OF HAZARDOUS MATERIALS.
   All persons and businesses required to obtain a certificate of registration shall maintain a label on each container of hazardous material regulated by this Article in a manner consistent with the applicable federal, State, and local laws and regulations.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
DIVISION III
UNDERGROUND STORAGE TANK PERMITS
SEC. 1120.  PERMIT TO OPERATE AN UNDERGROUND STORAGE TANK.
   (a)   Except as otherwise authorized by this Article, Chapter 6.7 of the California Health and Safety Code, commencing with Section 25280, and any implementing regulations, no person shall own or operate an underground storage tank ("UST") unless a permit for its operation has been issued by the Department as required by this Article, Chapters 6.7 and 6.75 of the California Health and Safety Code, commencing with Section 25280, and any implementing regulations.
   (b)   Any person required to obtain a UST permit pursuant to this Article shall submit an application through the California Environmental Reporting System ("CERS") and any required information and fees upon notification by the Department. Any person so notified by the Department who fails to submit the required information and fees within the time specified in the notice shall be assessed an additional fee and a site investigation fee, if a site investigation is required, as a penalty. The amount of the additional fee and site investigation fee is specified in Section 1176. A person assessed such fees may appeal the amount of the fee levied by requesting a Director's hearing pursuant to Section 1137.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)
SEC. 1120.1.  APPLICATION FOR PERMIT.
   (a)   Any person that is required to obtain one or more UST permits shall obtain the permits by filing the required application form through the California Environmental Reporting System ("CERS"), paying the required permit fee and demonstrating compliance with this Article, and Article 31, if the permit is for a site located in Hunters Point Shipyard Parcel A as determined by inspection of the UST by the Department. For permits in the area of San Francisco subject to the requirements of Article 31, such permit application shall not be deemed complete until the department receives written notification from the Director that the applicant has complied with all provisions of Article 31 that are required to be met prior to permit issuance.
   (b)   Any person required to obtain a UST permit shall submit the information required by the Department, Article 31 and Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280) and implementing regulations adopted by the State Water Resources Control Board and the Health Commission. No permit shall be granted to the owner or operator of a UST unless the applicant demonstrates compliance with this Article and its implementing regulations, Article 31 and all applicable provisions of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280) and implementing regulations, as the law and regulations may be amended.
   (c)   All modifications, repairs, closures and removals of USTs shall require approval of the Department, compliance with this Article and its implementing regulations, compliance with Article 31 if the approval is for a site in Hunters Point Shipyard Parcel A, compliance with applicable provisions of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280) and its implementing regulations, and payment of applicable fees. Any person who performs unauthorized modifications, repairs, removals or closures, or fails to schedule a site inspection with the Department prior to performing such work shall be assessed additional fees and a site investigation fee, if a site investigation is required, as a penalty. The amount of the additional fees and site investigation fee is specified in Section 1176. A person assessed such fees may appeal the amount of the fee levied by requesting a Director's hearing pursuant to Section 1137.
   (d)   No permit may be granted pursuant to this Article until the Department has inspected the UST and unless the applicant has corrected any Code violations cited by the Department; the applicant has furnished all requested information and paid the required permit fees; and the applicant demonstrates to the satisfaction of the Director of Health, by the submission of appropriate plans and other required information, that the design and construction of the UST meets all applicable City, State and federal laws and regulatory requirements.
   (e)   Each permit shall include requirements that the person reimburse the City for extraordinary costs, in addition to applicable permit fees, for inspection and monitoring, administration, incidental expenses and cleanup and remediation costs resulting from releases of hazardous substances or failure by the permittee to handle hazardous substances in accordance with the requirements of this Article. Permits shall not be renewed unless all such costs have been paid to the City.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)
SEC. 1121.  TERMS, RENEWALS, AND TRANSFERS.
   (a)   A UST permit shall be issued for a term of one year, except as otherwise provided in this Article.
   (b)   Every application for the renewal of a permit shall be made at least 30 days prior to the expiration date of such permit. The application for renewal shall include a certification by the permittee that the permittee has reviewed the information submitted on the permit application and any addenda thereto and that any necessary changes to the permit application and addenda have been made. Applications to renew a UST permit shall comply with all applicable requirements of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280).
   (c)   Any permit for which a properly completed application for renewal has been received by the Director of Health prior to the expiration date shall remain in effect until a decision has been made on the application and all administrative appeals have been exhausted or the time for appeal has expired.
   (d)   A permit is not transferable to another person, address or physical location within the same address.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1122.  GENERAL REGISTRATION AND PERMIT PROVISIONS, DISCLAIMER.
   (a)   A certificate of registration or permit does not take the place of any license required by State, federal or local law nor does compliance with the permit requirements of this Article relieve any party of compliance with any other applicable State, federal or local law.
   (b)   Granting of a certificate of registration or permit under the provisions of this Article does not constitute authorization to handle hazardous materials at any establishment, if such handling violates a provision of this Article or any other local, federal, or State statute, code, ordinance, rule, or regulation relating to hazardous materials, or if hazardous materials are handled in such a manner as to cause an unauthorized release of hazardous materials or to pose a significant risk of such unauthorized release.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1123.  CONTENTS OF PERMITS AND POSTING.
   (a)   A permit to operate a UST shall contain the following information:
      (1)   The name and address of the permittee for purposes of notice and service of process;
      (2)   The street address of the establishment for which the permit is issued;
      (3)   Authorization of the UST approved under the permit;
      (4)   The date the permit is effective;
      (5)   The date of expiration;
      (6)   Any special conditions of the permit.
   (b)   The permittee shall post a notice of the permit obtained pursuant to this Section, in a location open to public access during normal business hours, at each establishment for which a permit is obtained.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1124.  DETERMINATION.
   (a)   The Director of Health shall take final action on a permit denial, issuance, modification or renewal by mailing a copy of the permit denial, issuance, modification or renewal to the applicant, and if different, the owner of record of the real property on which the UST is located.
   (b)   The Director of Health shall publish notice of the action on the permit by posting a notice at City Hall or at the Department of Health offices at 101 Grove Street, or by publication in a newspaper of general circulation. The notice shall include a summary of the Director's action on the permit, and instructions for filing a public hearing request. The Director's action shall be final 15 days after the Director's posting or publication of the notice of permit action, unless a public hearing is requested as provided in Subsection (c).
   (c)   Any person who deems that his or her interests or property or that the general public interest will be adversely affected by the Director's denial, issuance, modification, or renewal of a permit may request a public hearing within 15 days of the Director's publication of a notice of permit action. The Director shall hold a public hearing after giving the notice provided in Section 1137.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
DIVISION IV
ENFORCEMENT
SEC. 1130.  VIOLATIONS.
   In addition to any other provisions of this Article, the following acts or omissions of a person or business subject to regulation under this Article shall constitute a violation of this Article:
   (a)   Fraud, wilful misrepresentation, or any wilfully inaccurate or false statement in applying for a new or renewed permit or certificate of registration;
   (b)   Fraud, wilful misrepresentation, or any wilfully inaccurate or false statement in any report required by this Article;
   (c)   Failure to correct conditions constituting an unreasonable risk of an unauthorized release of hazardous materials within a reasonable time after notice from a governmental entity other than the City;
   (d)   If an underground storage tank owner or operator: Failure to comply with applicable requirements of a permit; failure to establish and maintain evidence of financial responsibility as required pursuant to this Article; failure to take corrective action in response to an unauthorized release; failure to properly close an underground storage tank; failure to permit inspection or perform any monitoring, testing or reporting required by this Article; or making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this Article;
   (e)   If an underground storage tank operator: Operation of an underground storage tank without a permit or failure to maintain records or report an unauthorized release as required pursuant to this Article;
   (f)   If an underground storage tank owner: Failure to obtain a permit; abandonment of any underground storage tank subject to this Article; knowing failure to take reasonable and necessary steps to assure compliance by the operator with this Article; or failure to repair or upgrade an underground storage tank in accordance with this Article;
   (g)   Any violation of Subsections 8001.3.2(a) or 8001.3.3(a) of the Uniform Fire Code, as adopted by the State Fire Marshal, concerning hazardous material management plans and inventories.
(Added by Ord. 164- 92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1131.  EMERGENCY POWERS.
   (a)   Whenever the Director of Health or a duly authorized representative discovers a hazardous materials release site, the Director is empowered to order the responsible party or parties to vacate or close the hazardous materials release site and institute emergency remedial actions, as provided in this Section, without a written notice or hearing, until the condition requiring such action has been abated.
   (b)   Following any unauthorized release, the Director of Health is empowered to order the hazardous materials release site secured from public and/or private access, including the ordering of the evacuation, closure or other isolation of the hazardous materials release site so as to prevent any further public or private exposures to hazardous materials. The Director of Health is also empowered to issue directives as to what monitoring must be done to assess the degree of contamination present and to evaluate what degree of cleanup shall be undertaken in order to assure safe reoccupancy of the hazardous materials release site.
   (c)   The Director of Health may verify that the unauthorized release of hazardous material is being contained and appropriately disposed. Any time the Director of Health has reason to believe that any responsible party is not adequately containing and disposing of such hazardous material, the Director of Health may undertake and direct an emergency response in order to protect the public health and safety.
   (d)   In the event the Director of Health determines that immediate action is necessary and the responsible party has not undertaken and will not undertake such necessary action, the Director may direct the institution of those remedial actions reasonably necessary under the circumstances to protect the health, safety and welfare of the community from the hazards attending the unauthorized release. The responsible party shall be strictly liable to the City for the reimbursement of all costs incurred by the City for any such emergency remedial action, including, but not limited to, the costs of fighting fires. All costs due for which payment is not received within 30 days of the mailing of a notice to the responsible party of payment due, shall be delinquent and subject to a penalty of 10 percent, not to exceed $2,000, and interest at the rate of one percent per month on the outstanding balance from the date payment is due. In addition, the City may impose a special assessment lien against the property as provided in Section 1136. The lack of either negligence or wilfulness of the responsible party in causing or allowing such discharge shall have no bearing on the liability imposed by this Section.
   (e)   The decision whether any hazardous materials release site is safe for reentry by the public following such order of the Director of Health regarding evacuation, closures, etc. shall be made exclusively by the Director of Health.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1132.  AUTHORITY OF THE DIRECTOR.
   The Director of Health shall have authority to administer and enforce all provisions of this Article. Pursuant to this authority the Director of Health may issue certificates of registration and permits for underground storage tanks; deny, revoke or suspend any permits issued pursuant to this Article; enforce the provisions of this Article by any lawful means available for such purpose; inspect establishments; inspect and monitor hazardous materials release sites; and require persons or businesses operating establishments or USTs to take actions to prevent the release of hazardous materials and to clean up and abate a release of hazardous materials. The Director of Health and officials of the Fire Department, Department of Public Works, Department of City Planning and other affected departments shall mutually cooperate with each other to carry out the intent of this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1133.  ENFORCEMENT ACTIONS.
   (a)   Cease and Desist Orders.
      (1)   Whenever the Director finds that a person, business or responsible party is handling hazardous materials in violation of any requirement imposed pursuant to this Article, or pursuant to any order, regulation or permit issued by the Director, the Director may:
         (A)   Issue an order directing the person, business or responsible party to cease and desist such violation and directing the person, business or responsible party to achieve compliance in accordance with a detailed time schedule of specific actions the person, business or responsible party must take in order to correct or prevent violations of this Article;
         (B)   Issue an order revoking or suspending any permit.
      (2)   Any order issued by the Director under this Section may require the person, business or responsible party to provide such information as the Director deems necessary to explain the nature of the violation. The Director may require in any cease and desist order that the discharger pay to the City the costs of any extraordinary inspection or monitoring deemed necessary by the Director because of the violation.
   (b)   Cleanup and Abatement Orders.
      (1)   Any person, business or responsible party who has caused or permitted an unauthorized release or is causing or permitting an unauthorized release or any other person responsible for the cleanup of an unauthorized release who fails to take cleanup action in violation of this Article or any order, regulation, or prohibition issued by the Director, shall, upon order of the Director and at the expense of the person, business or responsible party, clean up such unauthorized release and abate the effects.
      (2)   Any responsible party who fails to take action to close a UST or establishment containing hazardous materials, or otherwise violates this Article or any order, regulations, or prohibition issued by the Director related to closure, shall, upon order of the Director and at the expense of the responsible party, close the UST or establishment and abate the effects of any release.
      (3)   The Director may perform any cleanup, abatement, or remedial work required under Subdivision (b)(1) or (2) when required by the magnitude of the violation or when necessary to prevent pollution, nuisance, or injury to the environment or protect public health and safety. Such action may be taken in default of, or in addition to, remedial work by the person, business or responsible party, regardless of whether injunctive relief is being sought.
      (4)   Any person, business or responsible party who has violated or is in violation of the requirements of this Article shall be liable to the City for costs incurred in cleaning up and abating the effects of the violation, or taking other remedial action, including but not limited to administrative costs, inspection costs and attorneys fees. All costs for which payment is not received within 30 days of the issuance of a notice to the responsible party of payment due, shall be delinquent and subject to a penalty of 10 percent, not to exceed $2,000, and interest at the rate of one percent per month on the outstanding balance from the date payment is due. In addition, the City may impose a special assessment lien against the property as provided in Section 1136.
   (c)   Administrative Civil Penalty Orders.
      (1)   The Director may issue a complaint, approved as to form by the City Attorney, to any person or business on whom an administrative civil penalty may be imposed pursuant to Section 1134. The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The Director shall serve the complaint by personal service or certified mail and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served, unless the party waives the right to a hearing. If the party waives the right to a hearing, the Director shall issue an order setting liability in the amount proposed in the complaint unless the Director and the party have entered into a settlement agreement, in which case the Director shall issue an order setting liability in the amount specified in the settlement agreement. The settlement agreement shall be approved by the City Attorney as to form. Where the party has waived the right to a hearing or where the Director and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency.
      (2)   Any hearing required by Subsection (1) shall be conducted in accordance with the procedures in Section 1137. After conducting any hearing required under this Section, the Department shall, within 30 days after the case is submitted, issue a decision, including an order setting the amount of the administrative civil penalty to be imposed.
      (3)   Orders setting civil liability issued under this Section shall become effective and final upon issuance, and payment shall be made within 30 days of issuance. Copies of these orders shall be served by personal service or by certified mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.
      (4)   Within 30 days after service of a copy of a decision issued by the Director, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of a decision or order of the Director in any judicial proceedings brought to enforce the decision or order or for other remedies. Except as otherwise provided in this Section, Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this Section. In all proceedings pursuant to this Section, the court shall uphold the decision of the Department if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any accrual of any penalties assessed pursuant to this Article. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.
   (d)   Injunctive Relief.
      (1)   Upon the failure of any person, business or responsible party to comply with any requirement of this Article, a permit, any regulation, a cease and desist order, a cleanup and abatement order, or any other order issued by the Director, the City Attorney, upon request by the Director, may petition the proper court for injunctive relief, payment of civil penalties, and any other appropriate remedy, including restraining such person, business or responsible party from continuing any prohibited activity and compelling compliance with lawful requirements.
      (2)   In any civil action brought pursuant to this Article in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following:
         (A)   Irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued;
         (B)   The remedy at law is inadequate.
   The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this Article without the allegations and without the proof specified above.
   (e)   Termination of Establishment Containing Hazardous Materials. In addition to other remedies, when in the judgement of the Director, a person or business operating an establishment containing hazardous materials has not or cannot demonstrate satisfactory progress toward compliance with the requirements of this Article, the Director may remove any hazardous materials handled at the establishment, after providing written notice to the person or business operating the establishment and the owner of the real property upon which the establishment is located, by certified mail 30 days in advance of such action.
   (f)   Notices of Violation. Whenever the Director determines that a person, business or responsible party is not in compliance with the provisions of this Article, the Director may issue a notice of violation ordering the person, business or responsible party to comply with this Article.
   (g)   The Director may request that the District Attorney institute criminal proceedings in enforcement of this Article against any violation, the Chief of Department initiate enforcement procedures pursuant to the provisions of the Fire Code, and the Chief of Police and authorized agents assist in the enforcement of this Article.
   (h)   Except as otherwise provided in this Section for administrative civil penalty orders, an order issued under this Section shall become final five days after mailing if issued by certified mail, or upon receipt if issued by personal service.
   (i)   Except as otherwise provided in this Section for administrative civil penalty orders, any party who is the subject of an enforcement action under this Section may request a public hearing within 15 days of the final date of an order issued under this Section, but except for orders revoking or suspending a permit, the effective date of an order shall not be postponed solely because of the filing of a request for a hearing. Notice of a public hearing and of the final decision of the Director shall be given as provided in Section 1137.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1134.  PENALTIES.
   (a)   Criminal Penalties.
      (1)   Any person or business that wilfully prevents, interferes with, or attempts to impede the enforcement of this Article by any authorized representative of the Director is, upon conviction, guilty of a misdemeanor.
      (2)   Any person or business which violates Section 1151(a) shall, upon conviction, be punished by a fine of not more than $25,000 for each day of violation, or by imprisonment in the County Jail for not more than one year, or by both fine and imprisonment. If the conviction is for a violation committed after a first conviction under this Section, the person or business shall be punished by a fine of not less than $2,000 or more than $50,000 per day of violation, or by imprisonment in the State Prison for 16, 20, or 24 months or in the County Jail for not more than one year, or by both fine and imprisonment.
      (3)   Any person subject to the underground storage tank requirements of Chapter 6.7 of California Health and Safety Code (commencing with Section 25280) who falsifies any monitoring records required by that chapter or this Article, or knowingly fails to report an unauthorized release as required by that chapter and Section 1151(b), shall, upon conviction, be punished by a fine of not less than $5,000 or more than $10,000, by imprisonment in the County Jail for not to exceed one year, or by both fine and imprisonment.
      (4)   Any person or business who violates Section 1150 shall, upon conviction, be guilty of a misdemeanor or an infraction. If charged as an infraction, upon conviction, said person or business shall be punishable by a fine in an amount not to exceed $250. If charged as a misdemeanor, upon conviction, said person or business shall be punished by imprisonment in the County Jail not exceeding six months or a fine not exceeding $500, or both. Each day each violation is committed or permitted to continue shall constitute a separate offense. In addition to any peace officer, the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of this subsection:
 
Class Number
Class Title
6120
Environmental Health Inspector
6122
Senior Environmental HealthInspector
6124
Principal Environmental Health Inspector
6137
Assistant Industrial Hygienist
6138
Industrial Hygienist
6139
Senior Industrial Hygienist
6140
Hazardous Materials Program Manager
6126
Director, Environmental Health Section
6281
Fire Safety Inspector II
H-4
Fire Inspector
1372
Special Assistant, Environment Health Section
 
   (b)   Civil Penalties.
      (1)   Any business or person which violates the requirements of Division II of this Article or fails to permit an inspection required pursuant to this Article shall be civilly liable to the City in an amount of not more than $2,000 for each day in which the violation occurs.
      (2)   Any business or person which knowingly violates the requirements of Division II of this Article or fails to permit an inspection required pursuant to this Article after reasonable notice of the violation shall be civilly liable to the City in an amount not to exceed $5,000 for each day in which the violation occurs.
      (3)   Any owner of an underground storage tank who commits any of the violations listed in Section 1130(d) and (f) and any operator of an underground storage tank who commits any of the violations listed in Section 1130(d), (e) and (f) shall be civilly liable to the City in an amount not less than $500 or more than $5,000 for each underground storage tank for each day of violation.
      (4)   Any person who violates any requirements of Articles 3 and 4 of Chapter 6.75 of the California Health and Safety Code, (commencing with Section 25299.30) shall be civilly liable to the City in the amount of not more than $10,000 for each underground storage tank for each day of violation.
   (c)   Administrative Civil Penalties.
      (1)   Notwithstanding Subsection (b), any person or business who violates this Article is civilly liable to the Department for an administrative civil penalty, in an amount not to exceed $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, a release or threatened release of any hazardous material, any fire, or any health or medical problem requiring toxicological, health, or medical consultation, the business shall also be assessed the full cost of the City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
      (2)   Notwithstanding Subsection (b), any person or business who knowingly violates this Article after reasonable notice of the violation is civilly liable to the Director for an administrative penalty, in an amount not to exceed $5,000 for each day in which the violation occurs.
      (3)   An administrative civil penalty shall not be recoverable pursuant to this subsection and Subsection (b) for the same violation.
   (d)   The court in determining civil and criminal penalties and the Director in determining administrative civil penalties imposed pursuant to this Article shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
   (e)   Apportionment of Penalties.
      (1)   Criminal and civil penalties collected pursuant to Subsections (a)(2) and (b)(1) and (2) shall be apportioned consistent with the provisions of Sections 25515.2 and 25517 of the California Health and Safety Code.
      (2)   Administrative civil penalties collected pursuant to Subsection (c) shall be apportioned consistent with the provisions of Sections 25514.5(g) and (h) of the California Health and Safety Code.
(Added by Ord. 164- 92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1135.  CIVIL ACTION FOR RETALIATION.
   A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this Article to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorneys' fees. The Court may award punitive damages in a proper case.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1136.  SPECIAL ASSESSMENT LIENS.
   (a)   Cost and charges incurred by the City by reason of the cleanup and abatement of an unauthorized release; abatement of any violation of this Article, including but not limited to monitoring and inspection costs; a delinquency in the payment of a bill for fees applicable under this section in excess of 30 days; and any final administrative civil penalties assessed against a person or business for violations of this Article shall be an obligation owed to the City by the owner of the property where the hazardous materials were handled. The City shall mail to the owner of the property where the hazardous materials were handled or the person or business against whom the final administrative civil penalty was assessed. Such obligation may collected by means of the imposition of a lien against the property of the owner of the property where the hazardous materials were handled or of the person or business against whom the final administrative civil penalty was assessed. The City shall mail to the owner of the property where the hazardous materials were handled and to the person or business against whom the final administrative civil penalty was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice.
   (b)   Liens shall be created and assessed in accordance with the requirement of Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)
SEC. 1137.  DIRECTOR'S HEARINGS.
   (a)   The Director shall hold a public hearing for the following purposes:
      (1)   To issue an order that imposes an administrative civil penalty pursuant to Section 1133(c) of this Article unless the party against whom liability is to be imposed has waived the right to a hearing as provided in Section 1133(c);
      (2)   To issue an order pursuant to Section 1133(a) that revokes or suspends a permit;
      (3)   To take public comment on a permit application under Section 1124, upon timely and proper request by a person authorized pursuant to Section 1124(c);
      (4)   To take public comment on the approval of a corrective action plan or modification to a corrective action plan pursuant to Section 1143, upon timely and proper request by a person authorized pursuant to Section 1143(g);
      (5)   To comply with a request for a public hearing under Section 1133(i) following an enforcement action by the Director, upon timely and proper request by a person authorized pursuant to Section 1133(i);
      (6)   To hear an appeal from the levy of fee penalties and site investigation fees imposed pursuant to Sections 1120 and 1120.1. The Director may reduce the amount of the fees only upon a showing of just cause, such as demonstrable negligence on the part of an employee or agent;
      (7)   To take public comment on a risk management plan pursuant to Article 21A of this Code.
   (b)   Notices of public hearings pursuant to this Section shall be given by publication in a newspaper of general circulation in the City for at least two days and not less than 10 days prior to the date of such hearing. Written notice setting forth the date of the public hearing shall be sent to interested persons, including without limitation the hazardous materials handler and the property owner, by certified mail at least 10 days in advance of the hearing. The notice shall state the nature and purpose of the public hearing.
   (c)   In any hearing under this Article, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to see and copy all documents and other information the City relies on in the proceeding, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under this Article may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness.
   (d)   In a hearing to issue an order setting liability for administrative civil penalties, the Director shall designate a certified court reporter to report all testimony, the objections made, and the ruling of the Director. Fees for transcripts of the proceedings shall be at the expense of the party requesting the transcript as prescribed by Section 69950 of the California Government Code, and the original transcript shall be filed with the Director at the expense of the party ordering the transcript.
   (e)   At the conclusion of a public hearing, the Director may take any action consistent with this Article and other applicable law. The Director's decision shall be in writing, and shall contain a statement of reasons in support of the decision. Following a public hearing, the decision of the Director shall be sent by certified mail to the handler and the property owner and any other interested person.
   (f)   Hearings requested pursuant to Subsections (a)(3), (a)(4), and (a)(5) shall be subject to a hearing fee as provided in Section 1176.
   (g)   The decision of the Director to issue, deny, revoke, suspend, modify or renew a permit may be appealed to the Board of Appeals in the manner prescribed in Article I, Part III of the San Francisco Municipal Code.
   (h)   The Director's action shall be final unless an appeal, if provided by this Article, is filed in a timely manner.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 10/17/97)
SEC. 1138.  REMEDIES NOT EXCLUSIVE.
   Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Added by Ord. 164-92, App. 6/10/92)
DIVISION V
PUBLIC DISCLOSURE AND TRADE SECRETS
SEC. 1140.  MAINTENANCE OF FILES.
   The Health Department shall maintain files of all application forms and supporting materials received from persons, businesses and establishments subject to the requirements of this Article, and shall provide for a central data bank of health and safety information. These files shall be open to the public for inspection, by appointment, and for reproduction upon payment of a fee during normal business hours at an office designated by the Director of Health. Computer data shall be provided in a form to be determined by the Director of Health. Said form shall be easily intelligible to the general public. Files required to be maintained pursuant to this Section shall be kept for a period of five years, after which they may be destroyed.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1141.  PUBLIC DISCLOSURE.
   (a)   Any person may request information regarding hazardous materials at an establishment from the Director of Health in accordance with this Section. Upon any request for a copy of records, the Director of Health shall, within 10 working days after receipt of such request, take either of the following actions:
      (1)   Provide the information requested to said person; or
      (2)   Notify said person that the Director of Health has determined:
         (A)   That the provision of the requested information will take longer than 10 working days because of the extensive amount or complicated nature of the information requested, or
         (B)   That said request for information is denied, and the reasons therefor.
      In the event of a medical emergency, the Director of Health and/or the Chief of Department shall take all measures necessary to obtain the information immediately.
   (b)   The Director of Health shall maintain, for a reasonable period of time, a record of all persons who request access to the application forms and supporting materials. The record shall include:
      (1)   The person's name, address and telephone number;
      (2)   The name and address of the person, business or governmental agency such person represents; and
      (3)   The identity of the specific file(s) examined or requested to be copied.
   (c)   The provisions of this Article are not intended to impair the power of the Director of Health to refuse to disclose information where the Director determines, pursuant to the California Public Records Act, that the public interest served by nondisclosure outweighs the public interest served by disclosure.
(Added by Ord. 164- 92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1142.  TRADE SECRETS.
   (a)   If a person or business believes that any information required to be reported or disclosed by this Article involves the release of a trade secret, the person or business shall provide the information to the Department and shall notify the Department in writing of that belief. The Department shall not disclose any properly substantiated trade secret which is so designated by a person or business except in accordance with this Section and Section 25511 of the Health and Safety Code.
   (b)   Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protection against disclosure as specified by such official or in accordance with the laws of the United States.
   (c)   The location of explosives stored by the San Francisco Police Department and other law enforcement or government agencies shall not be disclosed.
   (d)   Information designated as a trade secret may be disclosed to:
      (1)   An officer or employee of the City and County of San Francisco, the State of California or the United States of America, for use in connection with the official duties of such officer or employee acting under authority of law for the protection of health;
      (2)   Persons or businesses contracting with the City and County and their employees if, in the opinion of the Director of Health, such disclosure is necessary and required for the satisfactory performance of the work to be done under the contract or to protect the health and safety of the employees of the contractor;
      (3)   Any physician where the physician certifies in writing to the Director of Health that such information is necessary to the medical treatment of a patient; where the Director determines that a medical emergency exists, the Director may waive the written certification; or
      (4)   Health professionals (i.e., physician, industrial hygienist, toxicologist, epidemiologist, or occupational health nurse) in a nonemergency situation where the request is in writing and the request describes in reasonable detail the medical need for the information.
   (e)   When the Director of Health receives a request for information pursuant to Section 1141 and the registrant or permittee has designated as a trade secret the information sought, the Director of Health shall notify the registrant or permittee in writing of said request by certified mail. The Director of Health may release the information 30 days after the date of mailing said notice, unless prior to the expiration of said 30-day period, the registrant or permittee institutes and thereafter prosecutes in a timely manner an action in a court of competent jurisdiction claiming that the information is subject to protection as a trade secret under California law and seeking an injunction prohibiting disclosure of said information to the general public.
   (f)   In adopting this Article, the Board of Supervisors does not intend to authorize or require the disclosure to the public of any trade secrets protected under the laws of the State of California.
   (g)   This Section is not intended to empower a registrant or permittee to refuse to disclose any information including, but not limited to, trade secrets, to the Director of Health either in obtaining a certificate of registration or permit or upon demand by the Director.
   (h)   Notwithstanding any other provision of this Article, any officer or employee of the City and County, 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 of or has had access to information, the disclosure of which is prohibited by this Section, and who knowing that disclosure of the information is prohibited, knowingly and wilfully discloses the information in any manner to any person or business not entitled to receive it, shall be guilty of a misdemeanor.
   (i)   The Director of Health shall advise any person or business to whom a trade secret is disclosed pursuant to this Section that the disclosure thereof, except as authorized by this Section, constitutes a misdemeanor.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1143.  PUBLIC NOTICE AND PARTICIPATION PROCEDURES FOR UNDERGROUND STORAGE TANK RELEASES.
   (a)   The procedures of this section apply to underground storage tank sites included in the Underground Storage Tank Local Oversight Program (LOP) through a contract between the City and County of San Francisco and the State Water Resources Control Board pursuant to California Health and Safety Code Section 25297.1.
   (b)   The Department shall make available to the public a list of current LOP sites.
   (c)   For purposes of this Article "corrective action plan" means any corrective action plan or workplan submitted to the Department pursuant to Section 2722 of Section 2725 of Title 23 of the California Code of Regulations. For all LOP sites that require a corrective action plan in accordance with State Water Resources Control Board regulations or Department guidelines or regulations, after a responsible party submits to the Department a proposed corrective action plan or modification to a corrective action plan, including a request to terminate a corrective action prior to meeting established clean up levels, the Department shall determine the adequacy of the proposed corrective action plan or modification. If Department staff determine that the proposed corrective action plan or modification is adequate, the Department shall submit a proposed memorandum of findings to the Director of Health for his or her signature.
   (d)   When the memorandum of findings has been signed and dated, the Director of Health shall prepare a notice of the action, which shall include the name of the property owner, the address of the site, the type of remediation, a summary of the Director's action and instructions for filing a public hearing request.
   (e)   The Director of Health shall publish the notice by:
      (1)   Mailing a copy to the responsible party, and if different, the owner of record of the real property on which the LOP site is located;
      (2)   Posting the notice at City Hall or at the Department of Health offices at 101 Grove Street;
      (3)   Publishing the notice in a newspaper of general circulation;
      (4)   For nonresidential LOP sites, posting the notice at the site and mailing the notice to all real property owners within 300 feet of the exterior boundaries of the real property upon which the site is located, using for this purpose the names and addresses of such owners as shown on the latest citywide assessment roll in the office of the Tax Collector. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action;
      (5)   For residential LOP sites, posting the notice at the site;
      (6)   Providing the notice in any additional manner that the Director shall deem appropriate, including publishing the notice in non-English publications serving the affected community.
   (f)   The Director's action shall be final 15 days after the Director's publication of the notice of corrective action plan approval, in a newspaper of general circulation, unless a public hearing is requested as provided in Subsection (g).
   (g)   Any person who deems that his or her interests or property or that the general public interest will be adversely affected by the Director's action may request a public hearing within 15 days of the Director's publication of a notice of approval of a corrective action plan or modification to a corrective action plan. The Director shall hold a public hearing after giving the notice provided in Section 1137.
(Added by Ord. 348-92, App. 11/18/92)
DIVISION VI
UNAUTHORIZED RELEASES AND CLOSURES OF ESTABLISHMENTS OR UNDERGROUND STORAGE TANKS
SEC. 1150.  UNAUTHORIZED RELEASES OF HAZARDOUS MATERIALS PROHIBITED.
   No person shall deposit, discharge or dispose of any hazardous material or container holding a hazardous material upon any public street, sidewalk, park or other public right-of-way or public place or deposit, discharge or dispose of any hazardous material or container holding a hazardous material in a receptacle intended for refuse collection unless authorized by this Article or other applicable code or federal or State law. No person shall handle a hazardous material in such a manner as to cause or threaten to cause an unauthorized release of hazardous material to any public place or any parcel, lot, lands, water or waterways within the City and County of San Francisco.
(Added by Ord. 164-92, App. 6/10/92)
SEC. 1151.  REPORTING UNAUTHORIZED RELEASE OF HAZARDOUS MATERIALS.
   (a)   As soon as a person or business or any employee, authorized representative, agent or designee of the business or other person who is required to have a certificate of registration has reason to conclude that an unauthorized release of a hazardous material may have occurred at an establishment, such person or business or any employee, authorized representative, agent or designee of the business or other person shall immediately notify the Department and the California Office of Emergency Services if required by that agency's regulations under the circumstances.
   (b)   Any person who owns or operates an underground storage tank or who causes an unauthorized release at an underground storage tank site shall comply with all requirements of Chapters 6.7 and 6.75 of California Health and Safety Code (commencing with Section 25280) with respect to an unauthorized release.
   (c)   The responsible party or parties of a hazardous materials release site cleanup shall be responsible for the cleanup of any unauthorized or uncontrolled release and shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1152.  PERIODIC INSPECTION AFTER UNAUTHORIZED RELEASE.
   Whenever an unauthorized release occurs at an establishment, the Department may inspect the establishment to determine whether continued hazardous materials handling at such establishment is suitable or whether the establishment should be subject to enforcement action. In making such a determination, the Director of Health shall consider the age of the establishment, the methods of containment, the concentration of the hazardous materials contained, the severity of a potential unauthorized release, and the suitability of other long-term preventive measures that meet the objectives of this Article. Enforcement action may be taken by the Director of Health as set forth in this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1153.  ABANDONED ESTABLISHMENTS OR UNDERGROUND STORAGE TANKS.
   (a)   Any owner of real property having reason to believe that an abandoned UST or establishment containing hazardous materials ("hazardous materials establishment") is located on or under the real property or is located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access that is immediately adjacent to the real property shall make a reasonable effort to locate and identify such a hazardous materials establishment or UST. Whenever an abandoned hazardous materials establishment or UST is located, said owner of real property shall file a plan for the closing or the upgrading and registering or permitting of such hazardous materials establishment or UST within 30 days of its discovery. The closure plan shall conform to the standards specified in Section 1154 and regulations promulgated by the Director of Health.
   (b)   In the event that the Director of Health has reason to believe that an abandoned hazardous materials establishment or UST is located on or under any real property within the City and County of San Francisco, the Director shall notify in writing the owner of the real property that an abandoned hazardous materials establishment or UST may be located on or under the real property and compliance with this Article is required. If the Director has reason to believe that an abandoned hazardous materials establishment or UST is located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access, the Director shall provide the notice to the owner of the immediately adjacent property.
   (c)   If any other City official notifies a person, business or other responsible party of the existence of an abandoned hazardous materials establishment or UST on or under the person's property or under public property adjacent to the person's property, the official shall send a copy of the notification to the Director of Health. The Director of Health shall cooperate with such City official to ensure that the abandoned hazardous materials establishment or UST is registered or permitted or closed in conformity with this Article.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)
SEC. 1154.  CLOSURE OF ESTABLISHMENTS OR UNDERGROUND STORAGE TANKS.
   (a)   Any person or business who owns or operates any establishment or UST subject to the certificate of registration or permit requirements of this Article and the owner of the real property upon which the establishment or UST is located shall either obtain a valid certificate of registration or permit or file a closure plan in accordance with this Section.
   (b)   Except as otherwise provided in Subsections (e) and (f), the responsible party or parties shall close an establishment or UST in accordance with a closure plan filed with and approved by the Director of Health. The closure plan shall be designed at a minimum to meet the following objectives:
      (1)   Eliminate the need for further maintenance of the closed storage facility or establishment;
      (2)   Ensure that a threat to public health or safety or to the environment from residual hazardous materials in the UST or establishment or the release of hazardous materials from the UST or establishment is eliminated; and
      (3)   Ensure that the removal, disposal, neutralization, or reuse of the hazardous materials that were stored in or released from the UST or establishment is accomplished in an appropriate manner.
   (c)   The Director may promulgate regulations implementing the closure plan objectives specified in this Section and specifying additional requirements for closure plans that the Director determines are necessary for the protection of public health and safety and the environment.
   (d)   A person or business shall apply for approval to close such UST or establishment and pay all applicable fees not less than 30 days prior to the termination of the storage of hazardous materials at the UST or establishment.
   (e)   Notwithstanding Subsection (b), underground storage tanks shall be closed and sites remediated in conformity with all applicable requirements of Chapters 6.7 and 6.75 of the California Health and Safety Code (commencing with Section 25280), and implementing regulations of the State Water Resources Control Board and the Health Commission. For a nonresidential site included in the Underground Storage Tank Local Oversight Program (LOP) that requires a corrective action plan pursuant to State Water Resources Control Board regulations or Department guidelines or regulations, the responsible party shall submit to the Department, as part of a proposed corrective action plan, a Community Health and Safety Plan which addresses community health and safety issues reasonably expected to arise during assessment and remediation activities. A Community Health and Safety Plan shall meet the following objectives: assure a safe and healthy environment for the public; minimize hazards, accidents, off-site releases and community exposures due to site activities; and assure an appropriate level of community awareness. In the case of an underground storage tank located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access, the person that owns or operates the underground storage tank or the owner of the immediately adjacent real property shall be responsible for closure of the underground storage tank, with the exception of an underground storage tank installed solely for the benefit of the City and County of San Francisco.
   (f)   Notwithstanding Subsection (b), if the closure of any UST or establishment subject to regulation under this Article is within the jurisdiction of any federal or State agency, the Director of Health shall request the appropriate federal or State agency to determine closure requirements for the UST or establishment.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 10/17/97)