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(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.
(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.
Certificates of Registration are non-transferable and may only be used by the Person who submitted the application under this Article.
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.
(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.
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.
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.
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.
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