SEC. 1161.2. SUBSTITUTED INSPECTIONS.

   An inspection by an employee of any other public agency may be deemed by the Director of Health as a substitute for any requirement of Section 1161.1 upon determination by the Director of Health that said employee is qualified to make such an inspection.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1162. MAINTENANCE OF RECORDS BY PERSON OR BUSINESS.

   All records required by this Article shall be maintained by the person or business at the establishment and said records shall be made available to the Director of Health for inspection during normal working hours and upon reasonable notice.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

DIVISION VIII MISCELLANEOUS

SEC. 1170. REGULATIONS.

   (a)   The Director of Health shall adopt and, from time to time, may amend reasonable regulations implementing the provisions and intent of this Article. Said regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, before the Health Commission approves the issuance or amendment of any rule or regulation, the Director of Health shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation.

   (b)   Regulations promulgated by the Director of Health shall be designed to protect the public health, safety and welfare from the hazards arising from the handling of hazardous materials. In developing such regulations, the Director of Health shall consider, among other things, State and federal statutes and regulations pertaining to hazardous materials and consensus standards such as those published by the National Fire Protection Association (NFPA) with the purpose of coordinating local regulations with them. The Director of Health shall also consult with other City departments, bureaus and commissions and other public agencies with jurisdiction over hazardous materials regulation, in developing said regulations.

   (c)   Regulations promulgated by the Director of Health and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1171. DISCLAIMER OF LIABILITY.

   (a)   The degree of protection required by this Article is considered reasonable for regulatory purposes. The standards set forth in this Article are minimal standards and do not imply that compliance will ensure no unauthorized release of hazardous material. This Article shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Article or any administrative decision lawfully made pursuant to this Article. All persons handling hazardous materials within the City should be and are advised to determine to their own satisfaction the level of protection desirable to ensure no unauthorized release of hazardous materials.

   (b)   In undertaking this program to obtain disclosure of information relating to the location of hazardous materials, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

   (c)   All inspections specified in this Article shall be at the discretion of the City and nothing in this Article shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1172. DUTIES ARE DISCRETIONARY.

   Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1173. CONFLICT WITH OTHER LAWS.

   Notwithstanding any other provision of this Article:

   A person or business is exempted from any provisions of this Article that conflict with State or federal law or regulations to which person or business is subject.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1174. SEVERABILITY.

   If any section, subsection, sentence, clause, or phrase of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Article would be subsequently declared invalid or unconstitutional.

(Added by Ord. 164-92, App. 6/10/92)

SEC. 1175. FEES.

   The Director of Health, through the Health Commission, shall recommend to the Board of Supervisors appropriate processing, registration, permit and related fees sufficient to pay for but not exceed the costs in administering this Article. Such fees shall include, but not be limited to:

   (a)   The cost of inspection and enforcement action performed by authorized hazardous materials inspectors;

   (b)   The cost of the appeals process;

   (c)   The cost of filing and processing documents;

   (d)   The cost of printing forms and informational brochures by the Director of Health;

   (e)   The cost of setting up and running a centralized computer data bank on hazardous materials;

   (f)   Other expenses incurred by the City and County of San Francisco in implementing and enforcing this Article.

(Added by Ord. 164-92, App. 6/10/92)