(a) Within 90 days after the effective date of Ordinance No. 224-14, amending Article 38, the Director shall issue Rules and Regulations necessary to effectuate the purposes of this Article and to protect public health and safety. Any person or entity as defined in Section 3805 shall comply with this Article, the Rules and Regulations, and all applicable local, state, and federal laws.
(b) The Director shall consult with the Planning Department's Environmental Review Officer at least 30 days prior to initiating any amendments or modifications to the Rules and Regulations.
(c) The Director shall consult with the Municipal Green Building Task Force, as established in Environment Code Sec. 702, or any successor body, to coordinate and resolve any potential conflicts that may arise between the San Francisco Green Building Code and this Article 38.
(d) Rules and Regulations shall, at a minimum, meet the following standards and criteria:
(1) The criteria used for the definition of "Health Vulnerable Locations" shall be at least as health-protective as that of the Bay Area Air Quality Management District (BAAQMD) methodology. BAAQMD methodology defines those zip codes in San Francisco in the worst quintile of Bay Area health vulnerability scores based on two years of statewide hospitalization and emergency room visit records, and estimated costs, for the following air pollution related conditions per zip code: Chronic Obstructive Pulmonary Disease (COPD) Hospital Admissions, Pneumonia Hospital Admissions, Myocardial Infarction (MI, Heart Attack) Hospital Admissions and Emergency Room Visits, Cardiovascular Hospital Admissions (less MI), Asthma Emergency Hospital Admissions and Emergency Room Visits, Asthma Hospital Admissions, Hospital Admissions for Respiratory Diseases, combined with the non-accident mortality rate per zip code. For San Francisco, based on 2009-2011 health records, the zip codes in the worst quintile of Bay Area health vulnerability scores are 94102, 94103, 94105, 94124, and 94130. In updates to the Rules and Regulations, the Director may modify the methodology to identify Health Vulnerable Locations as required to ensure the Air Pollutant Exposure Zone Map is consistent with current scientific evidence.
(2) The criteria for creating and updating the Air Pollutant Exposure Zone Map and the models underlying this map shall include, but not be limited to:
(A) Identification of parcels with lifetime excess cancer risk due to air pollution greater than 100 cases per million population.
(B) Identification of parcels in Health Vulnerable Locations with lifetime excess cancer risk due to air pollution greater than 90 cases per million population.
(C) Identification of parcels where PM2.5 concentrations are greater than 10
μg/m3 (including ambient levels).
(D) Identification of parcels in Health Vulnerable Locations where PM2.5 concentrations are greater than 9
μg/m3 (including ambient levels).
(E) Identification of parcels within 500 feet of any Freeway, if those locations were not otherwise captured by modeling estimates.
(F) New research findings, particularly quantification of risk, that change the Director's knowledge of how particulate matter and any other air pollutants affect public health.
(3) Required performance standards for Enhanced Ventilation Proposals must include the following minimum criteria:
(A) Location of air intake for HVAC (Heating, Ventilation and Air Conditioning systems) away from air pollution sources;
(B) Specification of filtration certified by the ASHRAE capable of achieving protection from particulate matter (PM2.5) equivalent to that associated with a MERV 13 filtration (as defined by ASHRAE standard 52.2).
(4) Additional criteria for Enhanced Ventilation Proposals may include the following project design information:
(A) Number of air exchanges per hour of outside filtered air;
(B) Building materials and/or design that limit unfiltered infiltration of outside air, such as air sealing or maintenance of positive pressure within the building interior;
(C) Location of operable windows oriented away from air pollutant sources, to the extent feasible;
(D) Other building design criteria that may reduce air pollution exposure to residents;
(E) Other combinations of technologies and designs to achieve the goals of this Article.
(5) Certification and/or licensing requirements for the persons who prepare the Enhanced Ventilation Proposals pursuant to Section 3807. The Enhanced Ventilation Proposal must be prepared by, or under the responsible charge of a person who is authorized by California Business and Professions Code Sections 6700-6799 (Professional Engineers Act), or any successor provisions, to design mechanical ventilation systems that meet the requirements of this Article 38 and San Francisco Building Code Section 1203.5 and either:
(A) a licensed mechanical engineer, or
(B) an individual authorized by California Business and Professions Code Sections 6700-6799 to design mechanical ventilation systems that meet the requirements of this Article 38 and San Francisco Building Code Section 1203.5.
(6) Minimum criteria for maintenance and disclosure, including but not limited to:
(A) Minimum standards for proper maintenance, and
(B) Disclosure to buyers, lessees and renters that the building is located in an area with substantial concentrations of air pollutants, and that the building includes an enhanced ventilation system information about the proper use of the installed enhanced ventilation system.
(e) The Director may specify additional or alternative equivalents as justified by accepted research including:
(1) addition or substitution of risk factor criteria;
(2) inclusion of other pollutants such as Nitrogen Dioxide.
(f) Within Health Vulnerable Locations, the Director shall specify more protective requirements in the Air Pollutant Exposure Zones.
(g) The Director may grant variances to this Article 38, on a case-by-case basis.