SEC. 22A.12. NOTIFICATION TO DIRECTOR OF BUILDING INSPECTION.

   After receipt of the certification required by Section 22A.11, the Director shall provide the applicant and the Director of Building Inspection with written notification that the applicant has complied with the requirements of this Article.

(Added as Sec. 1230 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.13. MAINTENANCE OF REPORT BY DIRECTOR.

   The site history, subsurface sampling analysis report certification and related documents shall become a part of the file maintained by the Department.

(Added as Sec. 1231 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.14. RULES AND REGULATIONS.

   (a)   Adoption of Rules. The Director may adopt, and may thereafter amend, rules, regulations and guidelines that the Director deems necessary to implement the provisions of this ordinance. For the purposes of this Article, a public hearing before the Health Commission shall be held prior to the adoption or any amendment of the rules, regulations and guidelines recommended for implementation. In addition to notices required by law, the Director shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Director for notice of hearings related to the adoption of rules, regulations and guidelines pursuant to this Section.

   (b)   Consideration of State and Federal Law. In developing such rules, regulations, and guidelines, the Director shall consider, among other things, State and federal statutes and regulations pertaining to hazardous substances with the purpose of coordinating local regulations with them.

   (c)   Guidelines for Regulations. Rules, regulations and guidelines may address among others, the following subjects:

      (1)   Minimum standards for acceptable site histories. The minimum standards shall be designed to assist interested persons including, but not limited to, the Director of Building Inspection, and other state and local public agencies, to evaluate whether analyses, other than those required by Section 22A.7(a)(1) through (a)(10), must be conducted to detect the presence in the soil and/or groundwater of hazardous substances and to determine what analyses are appropriate. These are the minimum standards and the Director may require additional information on the site.

      (2)   Minimum education and experience requirements for the persons who prepare site histories pursuant to Section 22A.6. In making this determination, the Director shall consider relevant those academic disciplines and practical experience which would qualify an individual to evaluate a property in San Francisco and identify prior uses made of the property that may be relevant in determining whether there are hazardous substances in the soil and/or groundwater and what analyses, if any, are appropriate to identify them.

      (3)   Precautionary measures to minimize long-term exposure to hazardous substances that cannot be removed or are not required to be removed by the site mitigation plan.

      (4)   Designation of areas and analyses. Designation of areas in the City, in addition to the areas described in San Francisco Building Code Section 106A.3.2.4, where the Director has reason to believe that the soils or groundwater may contain hazardous substances and the designation of the analyses specified in Section 22A.7 that shall be conducted in each area.

      (5)   Designation of additional hazardous substances for which analyses must be conducted. The designation shall be based on a determination by the Director that there is a reasonable basis to conclude that such other hazardous substances may be in the soil and/or groundwater. The designation may be made applicable to a specified area or areas of the City or city-wide as determined by the Director.

      (6)   Waiver from Requirements for Analyses. The exclusion of hazardous substances from the analysis requirements set forth in Section 22A.7 upon a determination that the hazardous substance does not pose a significant present or potential hazard to public health and safety or to the environment.

(Added as Sec. 1232 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.15. NOTIFICATION TO BUYER.

   The Director shall prepare and maintain for public distribution a summary of the requirements of this Article. The seller or the seller's agent involved in the sale or exchange of any real property located on any parcel of land identified in San Francisco Building Code Section 106A.3.2.4 and in those areas designated by the Director pursuant to Section 22A.5 shall provide a copy of the summary to the buyer or buyers and shall obtain a written receipt from the buyer or buyers acknowledging receipt of the summary. Failure to give notice as required by this Section shall not excuse or exempt the buyer of the property from compliance with the requirements of this Article.

(Added as Sec. 1233 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 22A.16. NONASSUMPTION OF LIABILITY.

   In undertaking to require certain building or grading permits to include soil and/or groundwater analyses for the presence of hazardous substances, 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 itself or on its officers and employees, any obligation for breach of which it is liable for money damages to any person who claims that such breach proximately caused injury.

(Added as Sec. 1234 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)