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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 35:
BIOLOGICAL AGENT DETECTORS
 
Findings and Statement of Purpose.
Definitions.
Certificate of Registration Required.
Application for Certificate of Registration.
Investigation and Action on Application.
Transfer of Certificate of Registration.
Production of Certificate of Registration Upon Request of Authorized City Representative.
Fees.
Duty to Report Changes.
Inspection.
Time Limit for Businesses Operating When this Article Is Enacted to File an Application for Certificate of Registration.
Duties of the Biological Agent Detector User.
Prohibition Against False Alarms.
Violations and Penalties.
Interest and Penalties for Nonpayment.
Suspension and Revocation of Certificate of Registration.
Appeals.
Reinstatement.
Liens.
Rules and Regulations.
Government Immunity.
City Undertaking Limited to Promotion of General Welfare.
Preemption.
Severability.
 
SEC. 3500.  FINDINGS AND STATEMENT OF PURPOSE.
   (a)   Commercial vendors are promoting Biological Agent Detectors that have not been scientifically validated to companies and institutions in San Francisco.
   (b)   "A single system that exhibits high specificity for detection of biological agents in the environment currently does not exist as a commercially available item." (Director of Homeland Security, Guide for the Selection of Biological Agent Detection for Emergency First Responders, March 2005 3.2) A lack of high specificity causes an unacceptably high rate of false alarms in biological agent detectors.
   (c)   According to a joint statement by the Federal Bureau of Investigations, Director of Homeland Security, and the Centers for Disease Control, "Currently, there are no definitive field tests for identifying biological agents. Additional field testing can mislead response efforts by providing incorrect or incomplete results, and destroy limited materials critical for definitive laboratory testing required to facilitate any appropriate public health and law enforcement response." (Federal Bureau of Investigation/Director of Health Services/Centers for Disease Control Coordinated Document; Guidance on Initial Responses to a Suspicious Letter/Container – November 2, 2004)
   (d)   Biological Agent Detectors that are commercially available have not been scientifically validated or approved for use by the Centers for Disease Control & Prevention (CDC).
   (e)   The currently available technology and protocols to confirm the presence or absence a bioterrorism attack are not well developed, which may result in prolonged and unnecessary closure of the identified facility and nearby buildings. (United States Government Accountability Office, Report to the Chairman, Subcommittee on National Security, Emerging Threats, and International Relations, House Committee on Government Reform, House of Representatives. Anthrax detection:  Agencies need to validate sampling activities in order to increase confidence in negative results. March 2006)
   (f)   A false alarm of a possible bioterrorism attack may cause civil unrest, business disruptions, prolonged facility closure, and mental health consequences.
   (g)   Prolonged closure of facilities and adjacent buildings to perform environmental sampling may cause extended work stoppage and significant financial loss to businesses.
   (h)   An estimated cost to the City and County of San Francisco in responding to a false alarm of a Biological Agent Detector is over $700,000 per incident, with an additional $200,000 for each additional day of emergency response and restoration activities. The costs may include decontamination, environmental sampling, law enforcement, laboratory testing, public health surveillance, and facility restoration.
   (i)   The City and County of San Francisco has a response plan for the federal Director of Homeland Security Biowatch program that continuously collects air samples to test for key bioterrorism agents and uses a CDC-coordinated Laboratory Response Network for testing and confirmation. The Laboratory Response Network program has been scientifically validated by the CDC.
   (j)   Emergency responders of the City and County of San Francisco use a Suspicious Substance Response Plan. With guidance from this response plan, emergency responders systematically assess the threats, potential risks, and the appropriate screening tests. If determined to be appropriate, the emergency responders or the Federal Bureau of Investigations (FBI) would collect the substance for testing at the CDC-coordinated Laboratory Response Network (LRN) reference laboratory at the California Department of Public Health. Using scientifically validated testing procedures, the LRN can produce reliable and validated test results within several hours.
   (k)   The San Francisco Director of Public Health and health professionals use medical and public health surveillance to detect any cases of bioterrorism.
   (l)   For these reasons, the City and County of San Francisco strongly discourages the purchase and use of Biological Agent Detectors by public institutions and businesses in San Francisco.
   (m)   If the National Science & Technology Council develops national equipment performance standards for biological agent detectors, the Department of Public Health shall make recommendation to the Board of Supervisors regarding whether to amend or repeal this legislation.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3501. DEFINITIONS.
   (a)   "Biological Agent" means any microorganism, including bacteria, virus, infectious substance or toxin, whether engineered or naturally occurring, or any component of such microorganism, bacteria, virus, infectious substance or toxin, capable of causing death, disease or other biological malfunction in a living organism.
   (b)   "Biological Agent Detection Facility Response Plan" means a plan developed and written to respond to a positive detection from a Biological Agent Detector including, but not limited to:  emergency coordinators and contact information, notification protocol, evacuation procedures, air handling shutdown procedures, if relevant, procedures for collection of information on potentially exposed Persons, coordination with City agencies for any decontamination or post-exposure prophylaxis procedures, confirmation of Biodetector results procedures, plan training and maintenance, and device maintenance.
   (c)   "Biological Agent Detector" or "Biodetector" means a device or equipment that tests for a biological agent that may be used for a terrorism attack, and includes both mobile and fixed position devices. Biological Agent Detectors include only devices that identify pathogenic Biological Agents by genus or species (e.g. Bacillus anthracis, Franciscella tularensis, Brucella sp.), or specific toxin (e.g. ricin). This definition does not include screening devices to determine the presence of protein or biological materials.
   (d)   "Biological Agent Detector User" or "Detector User" means a Person who owns and deploys a Biological Agent Detector.
   (e)   "Certificate of Registration" means a certificate issued to a Biological Agent User und this Article.
   (f)   "Chief' means the Chief of the San Francisco Fire Department and his or her designee.
   (g)   "City" means the City and County of San Francisco.
   (h)   "Director" means the Director of the San Francisco Department of Public Health or his or her designee.
   (i)   "False Alarm" means an event where a Biological Agent Detector signals a positive detection and follow up lab confirmation at a CDC approved Laboratory Response Network reference lab does not confirm the presence of a biological agent.
   (j)   "Fixed Position" means stationary and cannot be relocated readily.
   (k)   "Mobile" means capable of moving or being moved readily.
   (l)   "Person" means an individual, trust, firm, joint stock company, corporation,
partnership, association, but not a State or Federal governmental entity or agency.
   (m)   "Tax Collector" means the Office of the Treasurer and Tax Collector of the City and County of San Francisco.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3502.  CERTIFICATE OF REGISTRATION REQUIRED.
   Any Person who possesses or deploys a Biological Agent Detector shall for each building, obtain and keep current a Certificate of Registration with the Director. The Certificate of Registration shall identify each Biological Agent Detector possessed or deployed at the building.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3503.  APPLICATION FOR CERTIFICATE OF REGISTRATION.
   (a)   Every Person who is required to obtain a Certificate of Registration under this Article shall obtain a Certificate of Registration by filing a written application and Facility Response Plan with the Director upon forms furnished by the Director for that purpose, certifying that the Facility Response Plan meets the requirements of this Article, and paying the required fees. Every Person who intends to deploy a mobile Biodetector at more than one building must submit a Facility Response Plan for each building where the Biodetector User plans to deploy the device.
   (b)   Every Person who installs a Biodetector and where such an installation requires alteration of the building's structure, including but not limited to the fire alarm, electrical, plumbing, or communication systems, may be required to secure the necessary permits from the San Francisco Department of Building Inspection or the San Francisco Fire Department, as appropriate. In addition, the applicant for a Registration of Certification shall install and operate a Biodetector in compliance with all applicable laws and regulations.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3504.  INVESTIGATION AND ACTION ON APPLICATION.
   (a)   Upon receipt of an application, the Director may coordinate approval of the application with other directors of City departments. The Director may also request additional information from the applicant as needed to assess the application, including information regarding compliance with all applicable laws and regulations.
   (b)   Applicants may be required to meet with the Director and other appropriate City agencies in order to coordinate potential emergency responses to an alarm indicated or transmitted by a Biological Agent Detector.
   (c)   If the application is denied, the Director shall so notify the applicant, including the reason(s) for the denial.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3505.  TRANSFER OF CERTIFICATE OF REGISTRATION.
   Certificates of Registration are non-transferable and may only be used by the Person who submitted the application under this Article.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3506.  PRODUCTION OF CERTIFICATE OF REGISTRATION UPON REQUEST OF AUTHORIZED CITY REPRESENTATIVE.
   Any Person possessing a Certificate of Registration issued under this Article must produce the Certificate of Registration for review by any City employee authorized to inspect the premises.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3507.  FEES.
   (a)   The Biological Agent Detector User shall pay a fee for each Biological Agent Detector in order to obtain and maintain a Certificate of Registration. In the year that a Person applies for a new Certificate of Registration, the fee for the Department of Public Health shall be $3,140 for the first fixed position Biodetector and $200 for each additional fixed position Biodetector deployed within the same building. In the year that a Person applies for a new Certificate of Registration for a mobile Biodetector, the fee shall be $3,140 for each building where the Biological Agent Detector User plans to deploy the mobile Biodetector. The fee for the Fire Department shall be $220 per Biodetector, with $110 for each additional hour of review or inspection per Biodetector after the initial two hours. The Detector User must renew the Certificate of Registration annually as provided in this Article, and pay the fees for each Biological Agent Detector for the Certificate of Registration to remain valid. The fee for the Department of Public Health after the first year that a fixed position Biodetector is approved shall be $392 for the first fixed position Biodetector, and $50 for each additional fixed position Biodetector deployed within the same building. The fee for mobile devices after the first year the device is approved shall be $392 for each mobile device. The fee for the Fire Department in the years after an initial approval shall be $110 per Biodetector per hour of review or inspection. The fees shall be paid to the aforementioned Departments before the City approves or renews the Certificate of Registration and the Detector User activates or continues operation of the Biological Agent Detector.
   (b)   Beginning with fiscal year 2012-2013, fees set forth in this Article 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 and the Chief 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 Article.
      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 that 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. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3508.  DUTY TO REPORT CHANGES.
   Any Person required to obtain a Certificate of Registration under this Article shall notify the Director within 10 days of any relevant or material change in the information contained in the application or of other relevant circumstances, including but not limited to, if the Person acquires an additional Biological Agent Detector, ceases to possess a Biological Agent Detector, or modifies the training, notification, or response plans for the Biological Agent Detector. Upon notification of such change, the Director may suspend, revoke, or amend the registration or direct that the Certificate of Registration holder submit an application for a new registration. If Director instructs a Person to submit an application for a new registration, that Person must do so within 30 days of the mailing of the notice by the Director.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3509.  INSPECTION.
   Any Person required to register under this Article must allow inspections by any City agency of the location or building containing the Biological Agent Detector, either pursuant to the application process or after the issuance of the Certificate of Registration.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3510.  TIME LIMIT FOR BUSINESSES OPERATING WHEN THIS ARTICLE IS ENACTED TO FILE AN APPLICATION FOR CERTIFICATE OF REGISTRATION.
   Any Person who already possesses a Biological Agent Detector as of the date this Article becomes effective must submit an application for a Certificate of Registration within 90 days of the effective date of this ordinance. Following a denial, an applicant may resubmit an application or remove the Biological Agent Detector within 30 days. If a Person's third application is denied, that Person is barred from resubmitting another application and must permanently remove the Biological Agent Detector within 30 days.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3511.  DUTIES OF THE BIOLOGICAL AGENT DETECTOR USER.
   (a)   A Biological Agent Detector User shall:
      (1)   Maintain the Biological Agent Detector so as to minimize or eliminate false alarms;
      (2)   Make every reasonable effort to have a responder to the Biological Agent Detector's location within 10 minutes of when the Biological Agent Detector alarm is activated to:
         (A)   Provide access to the Biological Agent Detector location;
         (B)   Assist with the assessment of the situation; or
         (C)   Provide alternative security for the Biological Agent Detector location; and,
      (3)   Not activate a Biological Agent Detector for any reason other than an occurrence of an event that the Biological Agent Detector system was intended to report.
   (b)   A Biological Agent Detector User shall adjust the mechanism or cause the mechanism to be adjusted so that a Biological Agent Detector signal shall not be audible to the general public.
   (c)   A Biological Agent Detector User shall maintain at each Biological Agent Detector location a set of written operating instructions for each Biological Agent Detector system in a location and manner acceptable to the Fire Department and the Department of Public Health.
   (d)   A Biological Agent Detector User shall maintain at each fire alarm annunciator panel signage explaining that there is a Biological Agent Detector in the building. The signage shall also contain a map or directions to explain the locations of the devices.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3512.  PROHIBITION AGAINST FALSE ALARMS.
   False alarms are prohibited.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3513.  VIOLATIONS AND PENALTIES.
   (a)   Enforcement. Biological Agent Detector Users who violate this Article or any regulations enacted under Section 3519 shall be liable for administrative or civil penalties. The Director may assess administrative penalties following an administrative hearing. Civil penalties may be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction.
   (b)   False Alarm Penalty. A Biological Agent Detector User shall pay penalties for each False Alarm as follows:
         First False Alarm:  Up to $5,000.
         Second False Alarm:  Up to $7,500.
         Third And Each Subsequent False Alarm:  Up to $10,000.
   (c)   Other Violations. Any Person who violates any other provision of this Article or any rule or regulation promulgated pursuant to this Article may be subject to an administrative or civil penalty of up to $500 per day of violation.
   (d)   Factors For Setting Penalty. In assessing the amount of the administrative or civil penalty, the Director or Court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following:  the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth.
   (e)   Presumption of Noncompliance in Civil Cases. In addition to any other penalties provided in this Article, any Person or entity served with a notice or order by the Director setting forth the nature of the violation of this Article, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in civil proceedings, to have failed to comply with that notice or order at and after the time given in that notice or order for correction of such violation, after the time specified in the order has expired without correction of the violation.
   (f)   In any civil or administrative proceeding to collect penalties under this Article, the Court or Hearing Officer may award the City costs and fees, including but not limited to attorneys' fees.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3514.  INTEREST AND PENALTIES FOR NONPAYMENT.
   (a)   Any fee, penalty, or cost due to the Director not paid by the due date is delinquent.
   (b)   If a Certificate of Registration fee, penalty or cost due to the Director is not paid within 30 days after the same becomes due, the Director shall add 50 percent to the amount of the stated fee or penalty as a penalty for non-payment.
   (c)   The Director may refer Detector User accounts to the Bureau of Delinquent Revenue or to the Tax Collector to initiate collection.
   (d)   In addition to the penalties imposed in Subsection (b), any Detector User who fails to pay any fee, penalty or cost due the Director shall pay interest on the amount due, exclusive of late payment penalties, plus an additional collection charge for each delinquent account in an amount to be determined by rules and regulations of the Tax Collector. The Tax Collector shall establish collection charges sufficient to reimburse the costs incurred by the City for collecting delinquent fees or penalties. Interest shall be paid at a rate of one percent per month, or fraction thereof. Interest and collection charges shall accrue immediately after the original due date.
   (e)   If the Director determines that the Detector User has deliberately withheld the amount of the fee to be remitted or that a Detector User has failed to pay the amount of the fee for a period of one or more billing periods, or if the Director deems it in the best interest of the City and County, he or she may refer collection of fees due under this Article from certain Detector Users for specified billing periods to the Tax Collector. The Director shall notify the Detector User that the Director has referred collection of the fees due and payable for the stated periods and demand payment of such fees to the Tax Collector. The notice shall be served on the Detector User personally by handing it to him or her or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the Detector User at the address on the application or location where the detector(s) is located. If the Detector User fails to remit fees, penalties, or costs assessed to the Tax Collector the Detector User shall be subject to the interest and penalties provided in this Section.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3515.  SUSPENSION AND REVOCATION OF CERTIFICATE OF REGISTRATION.
   In addition to the penalties described in Section 3513, the Director may suspend or revoke any Certificate of Registration if the Director finds:
   (1)   The Biological Agent Detector User has violated any of the provisions of this Article;
   (2)   The application contains a material false statement;
   (3)   The Biological Agent Detector for which a Certificate was issued does not comply with any of the provisions of this Article or rules and regulations promulgated hereunder;
   (4)   The Biological Agent Detector User has refused to permit any City inspector to inspect the premises or the Biological Agent Detector therein;
   (5)   The Biological Agent Detector User refuses to produce the Certificate of Registration upon request by a City inspector;
   (6)   The Biological Agent Detector User or his or her authorized employees or agents have failed to comply with the instructions of any City Director or cooperate in any investigation relating to the Certificate of Registration or the Biological Agent Detector for which a Certificate of Registration was issued;
   (7)   The Biological Agent Detector has more than two false alarms within a 12-month period; or,
   (8)   For good cause.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3516.  APPEALS.
   (a)   If the Director revokes or suspends a Certificate of Registration, assesses a penalty, or denies the issuance, renewal or reinstatement of a Certificate of Registration, the Director shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or Biological Agent Detector User.
   (b)   The applicant or Biological Agent Detector User may appeal the decision of the Director as follows:
      (1)   The applicant or Biological Agent Detector User may file a written request for a review by paying an appeal fee of $180 and setting forth the reasons for the appeal within 20 business days notice of the Director's decision. The Person filing the appeal must also deposit with the Tax Collector the full amount of any penalty imposed, plus any accrued interest and costs. Appeal fees, and any other amount deposited with the Tax Collector, will be returned to the appealing applicant or Biological Agent Detector User if the appeal is upheld.
      (2)   The Director may grant, but not deny, the appeal based upon an initial review of the appellant's written submission, as well as any other pertinent information.
      (3)   If, after his or her initial review, the Director does not grant the appeal or determines that a hearing is appropriate or necessary, the Director shall appoint a hearing officer to conduct a formal hearing within 30 days of the receipt of the request and consider the evidence submitted by any interested Person(s). The hearing officer shall not be an employee whose regular duties include administration or enforcement of this Article. The hearing officer shall make his or her decision affirming or reversing the decision of the Director on the basis of the preponderance of evidence presented at the hearing, and must render the decision within 30 days after the date of the hearing.
   (c)   Filing of a request for appeal shall stay the action by the Director revoking or suspending the Certificate of Registration or requiring payment of a penalty, until the appeal is complete. If a request for appeal is not made within the 20 business day period, the Director's decision is final.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3517.  REINSTATEMENT.
   A Person whose Certificate of Registration has been revoked or suspended may, at the
discretion of the Director, have the Certificate of Registration reinstated if the Person:
   (1)   In the case of revocation, submits a new application and pays a reinstatement fee equal to one-half of the certificate renewal fee;
   (2)   Pays, or otherwise resolves, all outstanding fees and penalties; and,
   (3)   Submits a certification from a Biological Agent Detector installation company, stating that the detector system has been inspected and repaired (if necessary) by the alarm installation company.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3518.  LIENS.
   (a)   All final costs, fees, and administrative or civil penalties assessed against a Person for violations of this Article shall be an obligation owed to the City by the Person found to have violated this Article, and the owner of the property where the violation occurred, provided that both have been given adequate notice of the alleged violation(s). Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the Person against whom the final administrative or civil penalty was assessed. The City shall mail to the owner of the property and to the Person against whom the final amount 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 the notice is mailed.
   (b)   Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3519.  RULES AND REGULATIONS.
   The Director, after a noticed public hearing, may adopt rules and regulations to carry out the provisions of this Article. Such rules and regulations shall take effect 15 days after the public hearing. Violation of any such rule or regulation may be grounds for administrative or civil action against the permittee pursuant  to this Article.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3520.  GOVERNMENT IMMUNITY.
   Issuance of a Certificate of Registration is not intended to, nor will it, create a duty or obligation, either expressed or implied, of response. Nor will issuance of a Certificate of Registration guarantee the safety of an emergency response plan. Any and all liability and consequential damage resulting from the failure to respond to a Biological Agent Detector or the implementation of an emergency response plan is hereby disclaimed and governmental immunity as provided by law is retained. By applying for a Certificate of Registration, the applicant acknowledges that the Director, law enforcement, or any other City director response may be influenced by factors such as the availability of Personnel, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3521.  CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
   In undertaking the adoption and enforcement of this Article, the City and County is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a Person to sue for money damages for an injury that the Person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Article.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3522.  PREEMPTION.
   Nothing in this Article shall be interpreted or applied so as to create any power, duty or obligation in conflict with, or preempted by, any Federal or State law.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
SEC. 3523.  SEVERABILITY.
   If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Article or any part there of is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)