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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 30:
REGULATION OF DIESEL BACKUP GENERATORS
 
Findings and Purpose.
Definitions.
Certificate of Registration Required.
Application for Certificate.
Issuance of Certificate.
Requirements.
Notification to the Department.
Renewals And Transfers.
General Provisions and Disclaimer.
Record Keeping.
Violations.
Director's Authority.
Enforcement Actions.
Penalties.
Director's Hearing.
Collection.
Fee Schedule.
Annual Fee Adjustment.
Delinquent Fees.
Refund of Fees.
Regulations.
Disclaimer of Liability.
Duties Are Discretionary.
Severability.
Sunset Provision.
 
SEC. 2001.  FINDINGS AND PURPOSE.
   The Board of Supervisors finds and declares the following:
   (a)   Diesel Backup Generators emit large amounts of smog-forming nitrogen oxides (NOx), particulate matter with a diameter of 10 microns or less (PM10), sulfur oxides and hydrocarbons contributing to ground-level ozone, and reduced visibility.
   (b)   Diesel exhaust is linked to short and long-term adverse health effects in humans, which include lung cancer, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, and chronic bronchitis and decreased lung function.
   (c)   In August of 1998, the California Air Resource Board listed diesel exhaust, specifically particulate emissions from diesel fueled engines, as a "toxic air contaminant."
   (d)   According to the Bay Area Air Quality Management District (BAAQMD), Diesel Backup Generators tend to emit more pollutants than a new well-controlled power plant. In fact, even a clean diesel backup generator may emit more than 20 times as much NOx per kilowatt-hour as a new well-controlled power plant. Older dirtier Diesel Backup Generators may emit 200 times as much NOx.
   (e)   The Bay Area is currently designated nonattainment for the national ozone standards by the United States Environmental Protection Agency.
   (f)   The Bay Area is currently designated nonattainment for the state ozone and PM10 standards by the California Air Resource Board.
   (g)   The City and County of San Francisco is concerned about the health hazards posed by diesel emissions polluting the air, and wishes to impose limitations on Diesel Backup Generators to reduce the emission of diesel exhaust.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2002.  DEFINITIONS.
   As used in this Article, the defined terms shall have the following meaning:
   (a)   "Certificate of Registration" or "Certificate" shall mean a certificate of registration issued pursuant to this Article.
   (b)   "Commission" shall mean the San Francisco Health Commission as established by Section 4.110 of the San Francisco Charter.
   (c)   "Department" shall mean the San Francisco Department of Public Health.
   (d)   "Diesel Backup Generator" shall mean any internal combustion engine or gas turbine with an output rating of 37.3 kilowatt (50 horsepower) or greater and used or designed to be used as a Distributed Generation Unit which may be powered by distillate fuel, such as diesel. Diesel Backup Generator shall not include any portable internal combustion engine or gas turbine registered with the California Air Resources Board pursuant to the California Code of Regulations, Title 13, Chester 9, Article 5.
   (e)   "Director" shall mean the Director of the Department or her or his designee.
   (f)   "Distributed Generation Unit" shall mean an electrical generation unit that produces electricity near the place of use.
   (g)   "Emergency Use" shall mean the temporary operation of the Diesel Backup Generator to provide electrical power during an actual Outage caused by sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire or other acts of Nature, or other events beyond the control of the Owner and/or the Operator, its officers, employees, and contractors.
   (h)   "Non-Emergency Use" shall mean any operation of the Diesel Backup Generator that does not qualify as Emergency Use.
      (1)   Non-Emergency Use shall include without limitations: (i) operation of a Diesel Backup Generator to test its ability to perform during an emergency and (ii) operation of a Diesel Backup Generator before or after an actual Outage.
      (2)   Non-Emergency Use shall not include: (i) reliability testing of the Diesel Backup Generator required by a government regulatory agency in accordance with federal or state laws or regulations; (ii) use of Diesel Backup Generators during emergency drills or maintenance of critical electrical components at sites that have been designated by the City's Office of Emergency Services as the official Citywide emergency command and control centers; and (iii) testing of the Diesel Backup Generator required by any Repair performed on the generator.
   (i)   "Operator" shall mean any Person who is in control of or operates a Diesel Backup Generator.
   (j)   "Outage" shall mean the actual loss of normal electrical power service to a facility.
   (k)   "Owner" shall mean any Person who has equity in and/or legal title to the Diesel Backup Generator.
   (l)   "Person" shall mean an individual trust, firm, joint stock company, corporation including a government corporation, partnership, association.
   (m)   "Registrant" shall mean any Person to whom a Certificate is issued pursuant to this Article and any authorized representative, agent or designee of such Person.
   (n)   "Repair" shall mean any work that restores to optimum or designed usage of the Diesel Backup Generator that has become damaged or non-functional, through the replacement, reconnection, reassemble, and/or adjustment of component(s) of the generator. Repair shall not include periodic maintenance or routine reliability testing recommended by the manufacturer of the Diesel Backup Generator.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2003.  CERTIFICATE OF REGISTRATION REQUIRED.
   (a)   Pre-Existing Diesel Backup Generators. Not later than one (1) year after the effective date of this Article, no Person shall own or operate a Diesel Backup Generator that was installed prior to the effective date of this Article unless the Person has obtained a Certificate pursuant to this Article.
   (b)   New Diesel Backup Generators. Except as otherwise provided herein, any Person owning or operating a Diesel Backup Generator that is installed after the effective date of this Article in any facility within the City and County of San Francisco shall submit an application pursuant to Section 2004 of this Article within 90 days of the installation.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2004.  APPLICATION FOR CERTIFICATE.
   (a)   Any Person required to obtain a Certificate pursuant to this Article shall file an application, providing such information as required by Subsection (b) and submitting the appropriate fees as specified in this Article. Applicant's failure to submit the required information or fees shall render such submission incomplete and not accepted for filing.
   (b)   Applicant shall submit the following information:
      (1)   The Owner of the Diesel Backup Generator and its address;
      (2)   The Operator of the Diesel Backup Generator, if different from the Owner, and its address;
      (3)   The name and address of facility in which the Diesel Backup Generator will be used;
      (4)   The name of the manufacturer of the Diesel Backup Generator;
      (5)   The model name and/or number of the Diesel Backup Generator;
      (6)   The model year of the Diesel Backup Generator;
      (7)   The maximum energy output rating of the Diesel Backup Generator;
      (8)   Any emission control equipment associated with the Diesel Backup Generator, if any;
      (9)   A copy of the manufacturer's specifications of the emission rate of the Diesel Backup Generator for criteria and toxic air pollutants and the manufacturer's specifications for testing of the Diesel Backup Generator for reliability purposes, if available;
      (10)   The method of storage of the fuel for the Diesel Backup Generator; and
      (11)   Any other information that the Department deems appropriate.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2005.  ISSUANCE OF CERTIFICATE.
   Unless otherwise provided in this Article, upon the acceptance of a completed application for filing, the Department shall issue a Certificate.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2006.  REQUIREMENTS.
   (a)   Except as otherwise provided in this Section, the Certificate issued pursuant to this Article shall limit operating hours of a Diesel Backup Generator for Non-Emergency Use to 50 hours each year. Nothing in this Subsection shall prohibit or restrict the Owner or Operator from operating the Diesel Backup Generator for manufacturer's required liability testing that is beyond the hour limitations set forth in this Subsection; Provided that the Owner or Operator submits to the Department the manufacturer's specification which requires operation beyond the annual hour limitations set forth in this Subsection to test the Diesel Backup Generator for reliability purposes in which case the maximum allowable annual hours of operation for Non-Emergency Uses shall be the hours specified in the manufacturer's specification.
   (b)   Any Diesel Backup Generator installed after the effective date of this Article shall have the best available control technologies as determined by the California Air Resource Board or the Bay Area Air Quality Management District installed to reduce air emissions.
   (c)   Owner and/or Operator shall conduct periodic maintenance of the Diesel Backup Generator as recommended by the engine manufacturer. The periodic maintenance shall be conducted at least once each calendar year.
   (d)   Owner and/or Operator of the Diesel Backup Generator shall equip the Diesel Backup Generator with a non-resettable totalizing meter that measures the hours of operation or fuel usage.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2007.  NOTIFICATION TO THE DEPARTMENT.
   Within ten (10) days from the completion of a Repair of a Diesel Backup Generator, the Owner and/or Operator shall submit to the Department documentation regarding the Repair. Such documentation includes, without limitations, (a) the name of the person performing the Repair, (b) the purpose of the Repair, (c) a description of the Repair work performed, (d) the amount of time for which the Diesel Backup Generator was operated to test the effectiveness of the Repair, and (e) for operation of the Diesel Backup Generator after a Repair that exceeds one (1) hour, documentation demonstrating to the satisfaction of the Director that such operation is needed to test the efficacy of the Repair.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2008.  RENEWALS AND TRANSFERS.
   (a)   Certificates issued pursuant to this Article shall be valid for a term of one (1) year.
   (b)   Every application for a renewal of a Certificate shall be made thirty (30) days before the expiration of such Certificate and shall be accompanied by the appropriate fees set forth in this Article. The renewal application shall include: (1) either (i) a certification from the Registrant that information in the original Certificate of Registration application and any addenda thereto have not changed, or (ii) updated information regarding the operation of the Backup Generator to the Department that is not in the original Certificate of Registration application or addenda thereto and (2) a copy of the monthly logs kept pursuant to Section 2010 of this Article during the term of the prior Certificate.
   (c)   Any Certificate for which a properly completed application for renewal has been received by the Department pursuant to Subsection (b) of this Section shall remain in effect until: (1) the application for renewal is granted, (2) a decision has been made on the application and all appeals have been exhausted, or (3) the denial of the renewal application and the time for appeal has expired.
   (d)   The Department shall deny an application for renewal if the Owner and/or Operator failed to comply with any final order issued pursuant to this Article. The Registrant may file an appeal within thirty (30) days from the issuance of the Department's decision on the renewal application. Upon the receipt of a timely filed notice of appeal, the Director shall hold a public hearing pursuant to Section 2015 of this Article. The Department's decision shall be final and deemed a Director's order if the Registrant fails to file a timely appeal.
   (e)   A Certificate shall be transferable upon a change in ownership of a Diesel Backup Generator; provided that, within thirty (30) days of a change in Ownership, the Department shall be notified of such change.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2009.  GENERAL PROVISIONS AND DISCLAIMER.
   (a)   A Certificate issued pursuant to this Article does not take the place of any permit or license required by State, federal, or local laws nor does compliance with the requirements of this Article relieve any party of compliance with any other applicable State, federal or local laws.
   (b)   Issuance of a Certificate does not constitute authorization to own or operate a Diesel Backup Generator if such ownership and/or operation violates provision of this Article or any other local, federal, or State laws or regulations.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2010.  RECORD KEEPING.
   Owner and/or Operator shall maintain a monthly maintenance and usage log for Diesel Backup Generators regulated under this Article which shall contain the following information: (1) total hours of operation; (2) hours of operation qualifying as Emergency Use; (3) for each Emergency Use, a description of the nature of the emergency condition; (4) hours of operation caused by a Repair; (5) hours of operation attributable to reliability testing; (6) a record of maintenance performed on the Diesel Backup Generator; and (7) a record of all Repair performed on the Diesel Backup Generator. All records kept pursuant to this Section shall be kept for at least three (3) years and maintained at the facility where the Diesel Backup Generator is located unless the Owner and/or Operator receives prior approval from the Department to maintain such records at another location. Such records shall be available for inspection by the Department upon request.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2011.  VIOLATIONS.
   The following acts or omissions shall be a violation of this Article:
   (a)   Failure to maintain a current and valid Certificate issued Pursuant to this Article;
   (b)   Failure to operate the Diesel Backup Generator pursuant to the terms and conditions of a Certificate issued pursuant to this Article;
   (c)   Failure to comply with any requirements of this Article;
   (d)   Fraud or willful misrepresentation, or any wilfully inaccurate or false statement made in an application for or renewal of a Certificate;
   (e)   Fraud or willful misrepresentation, or any willfully inaccurate or false statement made in any report or record required by this Article.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2012.  DIRECTOR'S AUTHORITY.
   The Director shall have the authority to administer and enforce all provisions of this Article. The Director may issue Certificates for Diesel Backup Generators, deny, revoke or suspend any Certificate issued pursuant to this Article; enforce the provisions of this Article by any lawful means available for such purpose; and inspect records of and facilities with Diesel Backup Generators to determine compliance with this Article.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2013.  ENFORCEMENT ACTIONS.
   (a)   Administrative Complaint Order. Whenever the Department determines that a Person is in violation of this Article, the Department may issue an administrative complaint order requiring the Person to comply with this Article and to assess an administrative penalty set forth in Section 2014 of this Article. The order shall allege sufficient facts to show a violation of this Article. Such order shall be served personally or by certified mail, return receipt requested, upon the Person alleged to be in violation of this Article. A Person who is subject to the administrative complaint order may file an appeal to the Director within thirty (30) days from the issuance of the order. Upon the receipt a timely filed appeal, the Director shall hold a public hearing pursuant to Section 2015 of this Article. The administrative complaint order shall be final and shall be deemed a Director's order if the Person fails to file a timely appeal to the Director. Any administrative complaint order issued shall be approved as to form by the City Attorney.
   (b)   Order to Show Cause. Whenever the Director finds that an Owner and/or Operator is operating a Diesel Backup Generator in violation of this Article, any order or any Certificate issued pursuant to this Article, the Director may issue an order to show cause to the Owner and/or Operator on why the Certificate should not be revoked or suspended. The order to show cause shall specify the date and location of hearing for the order to show cause and shall be served personally or by certified mail, return receipt requested upon the Owner and/or Operator. The Director shall hold a hearing pursuant to Section 2015 of this Article.
   (c)   Injunctive Relief.
      (1)   Upon failure of any Person to comply with the requirements of this Article, a Certificate, any regulation, 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 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 state 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.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2014.  PENALTIES.
   (a)   Civil Penalties. Any Person found to be in violation this Article shall be civilly liable to the City in an amount not to exceed six thousand dollars ($6,000) per day per violation.
   (b)   Administrative Penalties. Any Person found to be in violation of this Article shall be civilly liable to the Department in the amount as follows:
      (1)   For failure to maintain a valid Certificate-up to $200 per day.
      (2)   For operating or allowing the operation of a Diesel Backup Generator beyond the allowable hours of operation for Non-Emergency Use-up to $250 for each hour beyond the allowable hours. Fractional hours shall be rounded up the next whole hour.
      (3)   For failing to submit required information or to maintain records of operation for the Diesel Backup Generator-up to $425 per violation.
      (4)   For providing false information or records to the Department-up to $850 per violation.
      (5)   For failing to comply with a final Director's Order-up to $2,000 per day.
   (c)   Penalty Assessment. A civil penalty pursuant to Subsection (a) of this Section shall not be recoverable for a violation if an administrative penalty was imposed pursuant to Subsection (b) of this Section for the same violation. Each day in which a Person fails to comply with the requirements of this Article shall be a separate and distinct violation.
   (d)   Factors Considered in Penalty Assessment. In determining the appropriate amount of civil or administrative penalties, the court or the Director shall consider the following: (1) the nature and persistence of the violation, (2) the frequency of past violations, (3) any action taken to mitigate the violation, (4) the economic benefits accrued to the violator as a result of the violation, and (5) the financial burden to the violator.
   (e)   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, that are available in law or equity.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2015.  DIRECTOR'S HEARING.
   Any hearing required by this Article shall be conducted as follows:
   (a)   The Director shall serve a notice of hearing or order to show cause at least thirty (30) days before the date of the public hearing to the Person alleged to be in violation of this Article. Such notice or order to show cause shall specify the purpose of the public hearing and notify the Person of the date, time, and the location of the public hearing. Notices of hearing or order to show cause shall also be given by publication in a newspaper of general circulation in the City for at least two (2) days and not less than ten (10) days before the date of the hearing. Written notices setting forth the date of the public hearings shall be sent to any interested party who has requested, in writing, to be notified such hearings. Upon a written request from the Person submitted at least two (2) business days before the date of the public hearing, the Director may continue the date of the hearing once for not more than thirty (30) days. The Person requesting the continuance shall reimburse the Department for the costs of re-noticing the public hearing.
   (b)   In any public hearing held pursuant to this Section, all interested parties 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 witness against them. Any public hearing held pursuant to this Section shall be electronically recorded.
   (c)   Within thirty (30) days after the date of the hearing, the Director shall issue a written decision and order containing finding of facts and statement of reasons in support of the decision. Such decision shall be served upon the Person alleged to be in violation of this Article either personally or by certified mail, return receipt requested, and shall be served on other interested party who provided testimony at the hearing by first class mail, if such party requested at or before the hearing that the order be sent to them. The Director's order shall be final. The order shall apprise the Person alleged to be in violation of this Article of his or her right to seek judicial review of the Director's Order pursuant to Section 1094.6 of the California Code of Civil Procedures.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2016.  COLLECTION.
   (a)   Cost and charges incurred by the Department by reason of the abatement of any violation of this Article, including but not limited to inspection costs, and any final administrative penalties assessed against a Person or violation of this Article shall be an obligation owed to the City by the Person against whom the final administrative penalty was assessed. Such obligation may be collected by means of the imposition of a lien against the Person against whom the final administrative penalty was assessed if such Person is the property owner of the facility upon which the violation of this Article had occurred. The Department shall mail to the Person against whom the final administrative penalty was assessed a notice of the amounts due and a warning that a lien proceeding will be initiated against the Property on which the Backup Generator found to be in violation of this Article is located if the amounts are not paid within thirty (30) days after the mailing of the notice, when appropriate.
   (b)   Liens shall be created and assessed in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2017.  FEE SCHEDULE.
   (a)   All Applicants for a Certificate or a renewal of a Certificate shall submit an application fee of $178.
   (b)   In addition to the fee provided for in Subsection (a) of this Section, applicants who are not regulated under Article 21 of this Code shall pay an additional fee of $172.
   (c)   Beginning with fiscal year 2008-2009, fees set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section.
   Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
   Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue which is significantly more than the costs of providing the services for which the fees are assessed.
   The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002; Ord. 153-08, File No. 080740, App. 7/30/2008)
SEC. 2018.  ANNUAL FEE ADJUSTMENT.
   After the effective date of this Article, on July 1st of each year, the fees set forth therein shall be increased by four percent (4%).
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2019.  DELINQUENT FEES.
   (a)   Any person who fails to submit a timely application to register or to renew a registration or fails to submit the application fee specified in Section 2016(a) of this Code shall be subject to a onetime late-penalty fee of one hundred and sixty-three dollars ($163).
   (b)   All fees shall be due and payable within 30 days of the date of issuance of a notice of payment due. In addition to any other penalties provided for in this Article, delinquent fees shall be subject to a penalty of ten percent (10%) plus interest at the rate of one percent (1%) per month on the outstanding balance which shall be added to the amount of the fee collected from the date that payment is due.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2020.  REFUND OF FEES.
   Registration applicant shall not be entitled to a refund or rebate of a fee because the Certificate is denied or the application is withdrawn. Registration fees are not refundable if the Owner and/or Operator discontinues the use of the Diesel Backup Generator prior to the expiration of the Certificate.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2021.  REGULATIONS.
   (a)   The Director may adopt and, from time to time, may amend reasonable regulations implementing the provisions and intent of this Article. The regulations shall be approved by the Commission at a public hearing. In addition to the notices required by law, before the Commission approves the issuance or amendment of any rule or regulation pursuant to this Article, the Director 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 and approved by the Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2022.  DISCLAIMER OF LIABILITY.
   (a)   The degree of protection required by this Article is considered reasonable for regulatory purposes. 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.
   (b)   In undertaking this program to obtain disclosure of information relating to the location of Diesel Backup Generators, 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. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2023.  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. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2024.  SEVERABILITY.
   If any section, subsection, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court or federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)
SEC. 2025.  SUNSET PROVISION.
   In the event that either the Bay Area Air Quality Management District or the California Air Resources Board adopts enforceable regulations applicable to Diesel Backup Generators regulated under this Article that are as or more stringent than the operational hours limitation for Non-Emergency Uses for such generators, the Director shall notify the Board of Supervisors of such regulations. This Article shall become null and void on the a effective date of such regulations unless the Board of Supervisors amends this Article establishing a more stringent operational hours limitation for Non-Emergency Uses than such regulations.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)